From: "Roberto Verzola" rverzola@gn.apc.org
There is already an internationally-recognized mechanism for bringing down prices of proprietary software (in fact, all items protected by IPR). Any government with the political will can use compulsory licensing to permit third parties to copy and distribute Microsoft products while compelling that third party to pay royalties to Microsoft, at rates set by the government. WTO has weakened compulsory licensing, but it is still there; it just needs a stronger political will from governments.
Roberto Verzola Philippines
Even if it were true, it would in no way contribute to software freedom. It would only hypothetically reduce Microsoft's earnings while allowing some middlemen to make some money and users to pay a slightly discounted price. End users would still get none of the software freedoms.
On Thu, 14 Nov 2002 11:09:29 +0530 (IST), Frederick Noronha fred@bytesforall.org wrote:
From: "Roberto Verzola" rverzola@gn.apc.org
There is already an internationally-recognized mechanism for bringing down prices of proprietary software (in fact, all items protected by IPR). Any government with the political will can use compulsory licensing to permit third parties to copy and distribute Microsoft products while compelling that third party to pay royalties to Microsoft, at rates set by the government. WTO has weakened compulsory licensing, but it is still there; it just needs a stronger political will from governments.
Roberto Verzola Philippines
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Yes, i remember reading about this in few places(will try to dig up the docs). But its about the cost only not Freedom and not a solution for the problem we are raising.
There is already an internationally-recognized mechanism for bringing down prices of proprietary software (in fact, all items protected by IPR). Any government with the political will can use compulsory licensing to permit third parties to copy and distribute Microsoft products while compelling that third party to pay royalties to Microsoft, at rates set by the government. WTO has weakened compulsory licensing, but it is still there; it just needs a stronger political will from governments.
It is always better and easier to adopt Free Software than going for these compulsory licensing.
Frederick Noronha wrote:
Any government with the political will can use compulsory licensing to permit third parties to copy and distribute
Not quite. Compulsory licensing is available *only* if the owner of the right (patent, copyright) refuses to release the material in the concerned jurisdiction.
Relevant provisions for MS Windows, (coz it is a 'foreign work'' wrt India) are in Sec. 32A of Copyright Act.
Extracts from S. 32A:- "(a) The copies of such edition are not made available in India; or (b) Such copies have not been put on sale in India for a period of six months, (bla... bla ... )"
This *cannot* apply to unpublished works, only if the work was published once, (in India) and subsequently, there is a refusal to republish; or, if the work is of foreign origin, published in the foreign country, and the owner refuses to publish it in India, can this provision be applied; that too, after giving them sufficient notice.
So, do not dream of prising open the can of worms, oops, the cache of source code coz it was not published any where.
:(
Mahesh T Pai.
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