[Fsfe-ie] Nokia, patents and the EU directive

[James Heald]

Éibhear wrote:

> Anyone with any insights?
> 

Nokia is absolutely leading the charge in Brussels in favour of software 
patents.


If this announcement gives people comfort that Open Source can sleep 
more soundly about the fear of patents, it absolutely shouldn't.

It's a very special case, because of what Linux and what Nokia are:

* PR-wise it would always have been very difficult for Nokia's image to 
attack something as popular as Linux, particularly if Nokia were 
attacking key functionality.

* Now that Nokia is issuing a Linux device, it would have been even more 
difficult.


That makes it very different to what are probably the three main danger 
scenarios to open source projects from patents:

* attacks from small companies, and "non-producing entities" like SCO, 
or the JPEG ransom people.
* attacks from dominant competitors, defending entrenched market 
positions, eg Microsoft  (including use of patents to block 
interoperability)
* attacks on smaller open-source projects, without the media profile or 
industry support of Linux -- for example the IPIX attack on Panorama tools.


Nokia may well be trying to spread complacency that "everything will be 
all right".

But if the software industry goes down the patent route, everthing will 
likely _not_ be all right.