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Sadly, the European Patent Office believes that patent law will soon be changed to allow software patents, and in the mean time is providing advice to patent applicants on how to work around the existing restriction. (Source: EuroLinux.)

So, what can we (EU citizens) actively do?

I've already signed the EuroLinux Petition

Maybe a membership with FSF Europe?

What else? Find politicians that'll listen?

They add a comment to all their GIFs, for example, stating that the American patents on GIFs do not apply to the GIF files on their Inet site, because they were created in Europe and are saved on servers and Europe, where e-patents by the very letter of the law are not allowed, Eurolinux claims.

They add a comment to all their GIFs, for example, stating that the American patents on GIFs do not apply to the GIF files on their Inet site, because they were created in Europe and are saved on servers and Europe, where e-patents by the very letter of the law are not allowed, Eurolinux claims.

Think we aren't already fighting this?

Think again! We are fighting!

"Europe" won't be doing anything in a hurry: the responsibility lies with the EPO which has its own legislative and executive bodies, not the EU, even though it is some people in the EU Commission which are giving us some concern. Patents are governed by international treaties, and remember it takes decades to change treaties. The WTO's agenda is set years in advance and software patents are very low on the priority list. For the current proposals see the report "Does the TRIPS Agreement require all member's rules on protection of intellectual property to be identical?" for an explanation.

The UK response to a recent initiative to re-look at software patents was firmly negative, and there is a Europe-wide campaigning body to ensure that it doesn't happen "by accident".

"Europe" won't be doing anything in a hurry: the responsibility lies with the EPO which has its own legislative and executive bodies, not the EU, even though it is some people in the EU Commission which are giving us some concern. Patents are governed by international treaties, and remember it takes decades to change treaties. The WTO's agenda is set years in advance and software patents are very low on the priority list. For the current proposals see the report "Does the TRIPS Agreement require all member's rules on protection of intellectual property to be identical?" for an explanation.

The UK response to a recent initiative to re-look at software patents was firmly negative, and there is a Europe-wide campaigning body to ensure that it doesn't happen "by accident".

The EU is preparing changes for the patent laws. If you are a European, please help us inform the citizens. To help inform we intend to make a free film explaining the problems. The film will be available via the Internet. Read more about this initiative. As we have so far been focused on turning the Danish oppinion most of our stuff is in Danish. We need your help to change this.

For an english talk on software patents listen to RMS in India.

Eurolinux also have some stuff in english.

The EU is preparing changes for the patent laws. If you are a European, please help us inform the citizens. To help inform we intend to make a free film explaining the problems. The film will be available via the Internet. Read more about this initiative. As we have so far been focused on turning the Danish oppinion most of our stuff is in Danish. We need your help to change this.

For an english talk on software patents listen to RMS in India.

Eurolinux also have some stuff in english.

The EU is preparing changes for the patent laws. If you are a European, please help us inform the citizens. To help inform we intend to make a free film explaining the problems. The film will be available via the Internet. Read more about this initiative. As we have so far been focused on turning the Danish oppinion most of our stuff is in Danish. We need your help to change this.

For an english talk on software patents listen to RMS in India.

Eurolinux also have some stuff in english.

The EU is preparing changes for the patent laws. If you are a European, please help us inform the citizens. To help inform we intend to make a free film explaining the problems. The film will be available via the Internet. Read more about this initiative. As we have so far been focused on turning the Danish oppinion most of our stuff is in Danish. We need your help to change this.

For an english talk on software patents listen to RMS in India.

Eurolinux also have some stuff in english.

... the petition against software patents here.

so, for those (hopefully rare) /. readers that haven't done it yet : sign ! sign ! sign !

yes that's right ! and therefore, people will avoid the "land of freedom", by fear to be arrested and put in jail there...
sounds pretty much like Sovietsky Soyouz !!!!

for the United States of America, hurra !!!!!!

europeans, remember to sign the petition against software patents.

I doubt that folks like Red Hat could ship DivX without running foul of IP lawyers

How about SUSE, Debian non-US/non-free neither of which should fall foul of US IP Law! Anyone care to post a list of all the other Linux Distributors who do not let themselves be subjected to US IP Law? This is one of the best reasons why Redhat!=Linux and perhaps the one that will see RedHat either leave the US or simply crumble.

Now just make sure you all visited petition.eurolinux.org

Here are two petitions[...]
http://swpat.ffii.org
http://petition.eurolinux.org/

Fortunately, the FFII is linking to Eurolinux instead of starting their own petition.
__

• http://swpat.ffii.org
• http://petition.eurolinux.org/

We're not really celebrating, just relieved that the situation has not gotten any worse for the time being. The European Patent Convention specifically excludes computer programs from patentability, but a few years ago the EPO decided to ignore this exclusion and start granting software patents anyway.

What they did was to argue that a computer program with a technical effect is not a 'computer program as such' and thus the exclusion does not apply. Of course, any important algorithm or technique can be said to have a 'technical effect'.

So we have the situation where patents are being granted, but possibly illegally. The enforceability of these patents is doubtful. The EPO would like to change the written law so that it matches the creative new interpretation, making software explicitly patentable (and making the patents already granted more likely to be enforceable). Any move to do this has been put on hold pending the European Commission's consultation.

The eventual aim is to reinstate the law as it is written, so that computer programs (whether 'as such' or 'not as such') are not affected by the patent system.

What you can do: reply to the consultation (download the consultation paper in PDF format, you might also want to point out flaws in the accompanying economic study), sign Eurolinux's petition, and contact your national representatives. In some countries (eg the UK) national patent offices are holding their own consultations.

You can't do a search for prior art - you'll have to search the entire internet (and more). When searching for prior art, the Patent Office only uses their own database! At least that is what is the practice in Denmark.

Patent's are supposed to give other developers access to your inventions, but have you tried to read a patentdescription? Patents are written in a languange which "only" patent lawyers understand, therefore the average developer will not be able to benefit from the patent databases - they simply don't understand it.

Patents mostly don't benefit the small companies because the big companies often will have a many more patents, which you maybe are using without knowing it. Furthermore big companies has much more money and (probably) better lawyers I would also like to argue about whether a patent on "window display system" would have been good for innovation. What if the World Wide Web, the graphic click-able, interface of the Internet as we know it had been patented? im Berners-Lee who invented it, has said: "If the technology had been proprietary it would never have taken off. The decision to make the web an open system was necessary in order for it to become universal".

For further information, take a look at these links:
The EuroLinux File on Software Patents

Even though software patents mostly isn't possible in Europe, many softwarepatents exists anyway - take a look here and I bet you will be shaking your head: European Software Patent Horror Gallery

SSLUG (Skåne Sjælland Linux User Group) has written a good article here: Software patents - No thanks!

Freepatents.org

Greetings Joergen

If you would like to know more about (software) patents (and you ought to if you if you are in the software business and live in Europe), here is some links:

SSLUG (Skåne Sjælland Linux User Group) has created an article called "Software patents - No thanks!". You can find it here.
"The EuroLinux File on Software Patents" also has a lot of information right here


Greetings Joergen

Bruxelles, Copenhagen, London, Madrid, Munich, Paris. 2000-11-22. With the exception of Austria, Lichtenstein and Switzerland, all European countries voted in Munich yesterday against an extension of the patent system to software. The exception on computer programs will be maintained in the European Patent Convention after its revision. This move is a clear victory for democracy, since it allows the European Commission to proceed with its public consultation on software patents, together with the European Parliament. National governments in Europe which are currently reviewing in detail the pros and the cons of an extension of the patent system to software, will also be able to participate the debate.

Nicolas Pettiaux, belgian representative for the EuroLinux Alliance of software publishers and non profit organisations, warns however that "yesterday's vote should not be interpreted as a vote against software patents, but rather as a vote to postpone any decision on this matter until the consultation launched by the European Commission is closed". But, according to Stéfane Fermigier of AFUL, member of EuroLinux: "the General Directorate for Internal Market at the European Commission, which is in charge of the consultation, has approached the software patent issue with an ideological point of view. Both their interpretation of the Law and their call for the consultation are obviously biased in favour of software patents. Furthermore, until very recently, they paid no attention to the economic effects and to other side effects of software patents, as they should have according to the Rome and Amsterdam Treaties. We are still very far from a decision to ban software patents in Europe."

Future EuroLinux actions will be targeted at convincing the European Commission to take a balanced approach on software patents. As the FFII/EuroLinux Software Patent Horror Gallery shows, the European Patent Office is already abusively granting many patents on pure software methods. Such kind of patents are then cancelled by national courts in case of dispute. A clarification is still needed in Europe, either in favour or against software patents. EuroLinux considers that software patents should clearly be banned in Europe because they harm innovation and that software should be protected through copyright.

European Patent Office - http://www.european-patent-office.org ;
Software Patent Horror Gallery - http://petition.eurolinux.org/examples Statements for Software Patent Free Europe - http://petition.eurolinux.org/statements The EuroLinux Public Consultation - http://petition.eurolinux.org/consultation
The EuroLinux Petition for a Software Patent Free Europe - http://petition.eurolinux.org
The EuroLinux File on Software Patents - http://petition.eurolinux.org/reference

Bruxelles, Copenhagen, London, Madrid, Munich, Paris. 2000-11-22. With the exception of Austria, Lichtenstein and Switzerland, all European countries voted in Munich yesterday against an extension of the patent system to software. The exception on computer programs will be maintained in the European Patent Convention after its revision. This move is a clear victory for democracy, since it allows the European Commission to proceed with its public consultation on software patents, together with the European Parliament. National governments in Europe which are currently reviewing in detail the pros and the cons of an extension of the patent system to software, will also be able to participate the debate.

Nicolas Pettiaux, belgian representative for the EuroLinux Alliance of software publishers and non profit organisations, warns however that "yesterday's vote should not be interpreted as a vote against software patents, but rather as a vote to postpone any decision on this matter until the consultation launched by the European Commission is closed". But, according to Stéfane Fermigier of AFUL, member of EuroLinux: "the General Directorate for Internal Market at the European Commission, which is in charge of the consultation, has approached the software patent issue with an ideological point of view. Both their interpretation of the Law and their call for the consultation are obviously biased in favour of software patents. Furthermore, until very recently, they paid no attention to the economic effects and to other side effects of software patents, as they should have according to the Rome and Amsterdam Treaties. We are still very far from a decision to ban software patents in Europe."

Future EuroLinux actions will be targeted at convincing the European Commission to take a balanced approach on software patents. As the FFII/EuroLinux Software Patent Horror Gallery shows, the European Patent Office is already abusively granting many patents on pure software methods. Such kind of patents are then cancelled by national courts in case of dispute. A clarification is still needed in Europe, either in favour or against software patents. EuroLinux considers that software patents should clearly be banned in Europe because they harm innovation and that software should be protected through copyright.

European Patent Office - http://www.european-patent-office.org ;
Software Patent Horror Gallery - http://petition.eurolinux.org/examples Statements for Software Patent Free Europe - http://petition.eurolinux.org/statements The EuroLinux Public Consultation - http://petition.eurolinux.org/consultation
The EuroLinux Petition for a Software Patent Free Europe - http://petition.eurolinux.org
The EuroLinux File on Software Patents - http://petition.eurolinux.org/reference

Have you tried a petition? In Europe, numerous of them have been set up. Check out the petition of Eurolinux.

It is very important to note that these patents represent threats to European software developers in the future, rather than things which have already happened.

The European Patent Convention (EPC) specifically forbids patents on computer programs, but the European Patent Office (EPO) has tried to bend this rule by saying that a computer program with a 'technical effect' is not a computer program 'as such'. This has allowed them to start granting patents on software even though software is clearly excluded by the EPC. So all the computer programs described in this patent horror gallery are considered by the EPO as not being computer programs 'as such'.

However, not everyone agrees with this ingenious new definition. So 'software patents' as granted by the EPO are not necessarily enforceable. But what the EPO is now trying to do is to have the law changed so that they can happily grant software patents without the inconvenience of having to redefine terms used by existing laws. If software is made patentable, all the software patents granted will suddenly become enforceable and leave European companies open to attack.

So it's not too late to do something about this. The European Commission is holding a publi c consultation asking for comments on whether the law should be changed, and many national patent offices are doing the same. (The EPO and EPC are not part of the European Union, but there is an overlapping membership and many countries are waiting for the Commission to make a recommendation.)

Also sign EuroLinux's petition which gives some links for more information about what I wrote above.

It is very important to note that these patents represent threats to European software developers in the future, rather than things which have already happened.

The European Patent Convention (EPC) specifically forbids patents on computer programs, but the European Patent Office (EPO) has tried to bend this rule by saying that a computer program with a 'technical effect' is not a computer program 'as such'. This has allowed them to start granting patents on software even though software is clearly excluded by the EPC. So all the computer programs described in this patent horror gallery are considered by the EPO as not being computer programs 'as such'.

However, not everyone agrees with this ingenious new definition. So 'software patents' as granted by the EPO are not necessarily enforceable. But what the EPO is now trying to do is to have the law changed so that they can happily grant software patents without the inconvenience of having to redefine terms used by existing laws. If software is made patentable, all the software patents granted will suddenly become enforceable and leave European companies open to attack.

So it's not too late to do something about this. The European Commission is holding a publi c consultation asking for comments on whether the law should be changed, and many national patent offices are doing the same. (The EPO and EPC are not part of the European Union, but there is an overlapping membership and many countries are waiting for the Commission to make a recommendation.)

Also sign EuroLinux's petition which gives some links for more information about what I wrote above.

• are concerned by the current plans to legalize software patents in Europe, considering their damaging effect on innovation and competition
• are concerned by the possible use of software patents to patent business methods, education methods, health methods, etc
• are concerned by the current track record of abuses from the European Patent Office, especially by their tendency to abuse their judicial power to extend the scope of patentability

FreePatents
EuroLinux

____________________

Also make sure to respond to the UK patent office's request for opinions. And they explicitly ask for opinions for people with experience of the US position.

If Europe accepts the American position on patents, how is America ever going to change it ?

Remember, the Reuters report says they were "inundated" with only 400 e-mails.

Despite what many patent attorneys claim, according the law (Art 52 EPC), computer programs (which are not part of a hardware machine) are not patentable in the European Community (nor India).

However, in Europe courts and the EPO revision boards have frequently yielded to patent applicants desires, so that legal text and patent grant practice and jurisdiction have been in dischord in many EU countries (less so in France or UK, more so in Germany).

The European Commission (as well as the UKPTO, see learned from mickwd's posting) is currently doing a revision of the EU patent law and till 15 Dec 2000, inviting comments on patentability of software.

With legal spirit and practice being divided, the decision may either widen or narrow to the distance to US/AU/JP/ZH (or IN, on the other hand).

If you do have an opinion the road EU should take, please respond to this invitation. You also might consider supporting petition.eurolinux.org or freepatents.org.

From looking at the article, it looks like they're taking a serious look at the issues involved.

They've even set up a newsgroup.

They're not just interested in UK opinions either - they explicitly ask about experience with the US position on patents, and mention the wider european debate.

If you intend to respond (please do) please note the following: "This is a public consultation exercise. As such, your comments will also be made public unless you make clear in responding that you want them to remain confidential".

The UK patent office is in a good position to have a strong influence on the European patent issue, which appears finely-balanced as to whether software patents will be allowed in future (see here). If Europe rejects software patents, then it puts more pressure on the US to change its position. Especially if it makes Europe more competitive as a result (more competition, freer exchange of technology, less need to pay the salaries of "Chief Intellectual Property Officers", etc.).

For everyone that didn't know, there is an online petition which is trying to stop exactly this. Everyone go and sign it to try and make sure that software patenting doesn't happen in Europe
--
SaZZer "Life is a lesson, you learn it when you're through", Limp Bizkit, M:I-2 Theme

- the reason for collecting the opinions is the conference on 20.-29. november this year, where the european patent offices will make their proposal for changing the european patent treaty. at the moment they want to change article 52 in a way to allow software patents.

- the petition has already 52.000 signatures (pls sign if You haven't done it yet. it hasn't been mentioned on slashdot ever, even i submitted it several times)

- eurolinux is not just against a software patent system similar to the US, but against any patents on software and algorithms.

This is *serious*!

The European Parliament are soon (in November) going to decide whether Europe should change the current patent laws and thereby making software patents a reality in Europe too.

There is a Petition for a Software Patent Free Europe here - please sign it, if you haven't already.

if You haven't signed yet, please help to fill up the 50.000:

This petition is directed to the European Parliament. Its goal is to warn European Authorities against the dangers of software patents. This petition is supported by the EuroLinux Alliance together with European companies and non-profit associations. Please make this petition well known to everybody concerned.

http://petition.eurolinux.org/index_html.

Sorry for this being a bit offtopic but i hope people interested in software patents would take the time to sign this petition.

http://petition.eurolinux.org/

It's really only relevant to europeans since it's a petition to the European Union authorities who are currently reviewing the validity of software patents. Whilst they haven't been made legal here I believe something like 55% of the board support implementing them.

Personally I feel software patents stifle innovation and whilst actual algorithms should be considered seperately I feel patenting something as simple as those in this story is just wrong.

For the record i've also submitted this as a /. story but it hasn't quite made the front page yet.

Swap 2 weeks of unenforcible patent rights for some free publicity and the opportunity to witter on about how your patent helped to promote development.

Personally, I never let their patent affect my life in any way (which is why there's no ssh-rsaref package in Debian), but if I had done, it would not have been helpful.

The claim that some benefit accrued to anyone but themselves is drivel.

If you think software patents are a silly idea, sign this petition to help keep Europe software patent free

This petition is directed to the European Parliament.
Its goal is to warn European Authorities against the dangers of software patents.
This petition is supported by the EuroLinux Alliance together with European companies and non-profit associations.
Please make this petition well known to everybody concerned.

Go to petition.eurolinux.org and register your opposition to this kind of crap spreading to Europe.

MACROMEDIA DENIES ADOBE PATENT INFRINGEMENT CLAIMS

San Francisco, California--August 10, 2000--Macromedia, Inc. (NASDAQ: MACR) announced today that it categorically denies the claims made in a lawsuit filed earlier this afternoon by Adobe Systems Inc. The claim alleges patent infringement relating to user interface features of Macromedia products.

Macromedia believes the claims made in the Adobe lawsuit are without merit. The company believes that U.S. Patent No. 5,546,528 is invalid and unenforceable and that Macromedia does not violate the patent. Macromedia advised Adobe of this belief when first contacted by them in 1996, and readvised them when they last contacted Macromedia in May, 1999.

Talking about patents... EU is about to pass laws making software patents possible in Europe. Check out eurolinux.org's petition to warn European authorities against software patents.

--

MACROMEDIA DENIES ADOBE PATENT INFRINGEMENT CLAIMS

San Francisco, California--August 10, 2000--Macromedia, Inc. (NASDAQ: MACR) announced today that it categorically denies the claims made in a lawsuit filed earlier this afternoon by Adobe Systems Inc. The claim alleges patent infringement relating to user interface features of Macromedia products.

Macromedia believes the claims made in the Adobe lawsuit are without merit. The company believes that U.S. Patent No. 5,546,528 is invalid and unenforceable and that Macromedia does not violate the patent. Macromedia advised Adobe of this belief when first contacted by them in 1996, and readvised them when they last contacted Macromedia in May, 1999.

Talking about patents... EU is about to pass laws making software patents possible in Europe. Check out eurolinux.org's petition to warn European authorities against software patents.

--

BTW, you can help stop software patents being introduced in Europe by putting your name to EuroLinux's petition.