Domain: ffii.org
Stories and comments across the archive that link to ffii.org.
Comments · 1,131
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Re:Nokia's approach
I am now boycotting Nokia - I will never buy another Nokia phone. (In fact, I took a couple of Nokia chargers in to work today - I'll never need them again.)
My reason for this is their stance on Software Patents in the EU - they lobbied hard for them. See, for example, The Register or The FFII. I contacted them (by email, IIRC) to tell them my position, but never heard anything back.
For them to launch an open-source website is simply an attempt to gain some PR, or, put another way, some community "kudos". And, for goodness' sake, starting a web site does not require a huge investment. This is a PR exercise, through-and-through.
What Google did, for example, will probably help a lot more. -
Re:Throw out the baby with the bathwater?
The No Software Patents site says that copyright should cover everything that patents cover, and elsewhere that patents are used as guns against small software developers. Um, and copyrights AREN'T used this way?
No. Copyright does not hold in case of independent development, while patents do hold. You cannot "amass a portfolio of copyrights" which then allows you to crush competition which wrote all code themselves. Someone else's patents on the other hand still apply even if you developed something entirely on your own.C'mon. If patents disappeared tomorrow, the lawyers would find a way of crushing you with copyrights, and you'd have a No Software Copyrights! movement in a minute.
Software copyright existed before software patents. The companies behind the nosoftwarepatents.com campaign earn their money thanks to the copyright they have on their code. I don't see why they would want to abolish copyright. The people behind the nososftwarepatents.com campaign did not originally wage a "nocopyright" campaign and then just switched to patents because it's more contemporary. Please find another strawman.The problem is not with the protection of ideas, but with the execution of that protection in the business world.
Can you please cite some scientific research which backs up that claim? Here's my collection of research which indicates the contrary.Maybe 20 years is an inappropriate length for a patent in software; maybe two years would be better. Perhaps patent and copyright duration should be scaled based on the industry, or adjusted based on the commercialization/profit of the IP holder.
The patent system inherently has a huge inherent overhead cost: filing applications, performing prior art research to avoid infringement, licensing deals, lawsuits, ... This is not about babies and bath water, but about determining whether it's all worth the trouble. It's not like the software sector needs software patents to function well, and there are an awful lot of indications software patents don't help increasing efficiency.Proponents of software patents have been claiming for years the whole system can be fixed by just making a few adjustments, but no one has been able to actually argue in economic terms that this is in fact true. And then there's still these pesky details such as the WTO TRIPs treaty, which requires a minimum duration of 17 years for all patents you grant.
There are other ways of dealing with this besides chucking the whole system.
We're not chucking anything, we're preventing the codification of the American system in Europe. -
Re:Fatalism"It really is that simple in most cases. The problem so far has been that nearly every argument against (for one example) patents applying to software has been exceptionally weak."
You are shifting the burden of proof and rather distorting the facts: You may only ever have seen exceptionally weak arguments, but that is not because only exceptionally weak arguments have ever been deployed - quite the converse is true*. The problem so far has instead been that no argument with even a semblance of strength for introducing software patents has ever been produced. And however weak you think any argument against the expansion of patentable subject matter is, it automatically wins unless you have a strong argument in favour of that expansion. But the expansion has occurred anyway of course, and in the face of strong arguments and strong opposition from industry and academia. That many companies, academics and individuals had to make such arguments at all illustrates the appalling state of recent policy making in this area (if you can call it policy making). Any credible economist will tell you that patent scope expansion without prior empirical and sound theoretical justification is verboten. Too bad - the damage is done and in the US it seems the fight's effectively over now, but the rest of what I want to say is appropriately Eurocentric anyway.
*
http://researchoninnovation.org/online.htm
http://www.si.umich.edu/~kahin/mip.html
http://swpat.ffii.org/archive/mirror/impact/index. en.html
http://philsalin.com/patents.html
http://lpf.ai.mit.edu/Patents/knuth-to-pto.txt
http://www.spectrum.ieee.org/jul05/1557
http://www.dailytimes.com.pk/default.asp?page=stor y_16-8-2005_pg5_12
http://swpat.ffii.org/archive/quotes/index.en.html"You have to be prepared to deal with issues like why expressing a particular piece of logic in C or Ada doesn't deserve patent protection, while expressing the same logic in Verilog or VHDL, which look identical to a non-programmer should deserve that protection."
That is definitely not an issue. One does not ask whether or not some invention deserves a patent, but whether or not it is patentable subject matter at all and your example is a poor one because if the claims of a patent are directed to the expressions of logic, then they are software patent claims.
"Likewise, why a device that fits the description in a patent claim should not be protected if the implementation happens to be (even in part) carried out with an embedded processor with embedded code, even though it's not at all apparent to the outside world that there's any software involved at all."
The distinction between hardware and software is not useful and is not at all relevant to the question of whether a patent claim is a software patent claim or not. One way to discover how the distinction between software patent and non-software patent is determined (and it is not always easy) is to read the way it is expressed by Judge Peter Prescott QC in his recent CFPH decision, in which he carefully and fully interprets the EPC Article 52 exclusions. Unfortunately, Prescott's interpretation seems to me to leave a lot of room for claiming things such as image enhancement techniques derived from purely mathematical considerations, but at least compression algorithms and data manipulation and data st
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Re:Fatalism"It really is that simple in most cases. The problem so far has been that nearly every argument against (for one example) patents applying to software has been exceptionally weak."
You are shifting the burden of proof and rather distorting the facts: You may only ever have seen exceptionally weak arguments, but that is not because only exceptionally weak arguments have ever been deployed - quite the converse is true*. The problem so far has instead been that no argument with even a semblance of strength for introducing software patents has ever been produced. And however weak you think any argument against the expansion of patentable subject matter is, it automatically wins unless you have a strong argument in favour of that expansion. But the expansion has occurred anyway of course, and in the face of strong arguments and strong opposition from industry and academia. That many companies, academics and individuals had to make such arguments at all illustrates the appalling state of recent policy making in this area (if you can call it policy making). Any credible economist will tell you that patent scope expansion without prior empirical and sound theoretical justification is verboten. Too bad - the damage is done and in the US it seems the fight's effectively over now, but the rest of what I want to say is appropriately Eurocentric anyway.
*
http://researchoninnovation.org/online.htm
http://www.si.umich.edu/~kahin/mip.html
http://swpat.ffii.org/archive/mirror/impact/index. en.html
http://philsalin.com/patents.html
http://lpf.ai.mit.edu/Patents/knuth-to-pto.txt
http://www.spectrum.ieee.org/jul05/1557
http://www.dailytimes.com.pk/default.asp?page=stor y_16-8-2005_pg5_12
http://swpat.ffii.org/archive/quotes/index.en.html"You have to be prepared to deal with issues like why expressing a particular piece of logic in C or Ada doesn't deserve patent protection, while expressing the same logic in Verilog or VHDL, which look identical to a non-programmer should deserve that protection."
That is definitely not an issue. One does not ask whether or not some invention deserves a patent, but whether or not it is patentable subject matter at all and your example is a poor one because if the claims of a patent are directed to the expressions of logic, then they are software patent claims.
"Likewise, why a device that fits the description in a patent claim should not be protected if the implementation happens to be (even in part) carried out with an embedded processor with embedded code, even though it's not at all apparent to the outside world that there's any software involved at all."
The distinction between hardware and software is not useful and is not at all relevant to the question of whether a patent claim is a software patent claim or not. One way to discover how the distinction between software patent and non-software patent is determined (and it is not always easy) is to read the way it is expressed by Judge Peter Prescott QC in his recent CFPH decision, in which he carefully and fully interprets the EPC Article 52 exclusions. Unfortunately, Prescott's interpretation seems to me to leave a lot of room for claiming things such as image enhancement techniques derived from purely mathematical considerations, but at least compression algorithms and data manipulation and data st
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Software patent studies
Yes, I know, this is
When it comes to software patents, there are actually quite a lot of studies that conclude that software patents are bad for innovation, and for society in general. /. & we have a million examples of patents stifling innovation... but no legitimate analysis.You can start by having a look at these ones, for example:
- Deutsche Bank Research:
"Stronger IP protection is not always better. Chances are that patents on software, common practice in the US and on the brink of being legalised in Europe, in fact stifle innovation. Europe could still alter course"
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"The mild regime of IP protection in the past has led to a very innovative and competitive software industry with low entry barriers. A software patent, which serves to protect inventions of a non-technical nature, could kill the high innovation rate."
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"More patents in more industries and with greater breadth are not always the best ways to maximize consumer welfare."
"Many panelists and participants expressed the view that software and Internet patents are impeding innovation. They stated that such patents are impairing follow-on incentives, increasing entry barriers, creating uncertainty that harms incentives to invest in innovation, and producing patent thickets. Panelists discussed how defensive patenting increases the complexity of patent thickets and forces companies to divert resources from R&D into obtaining patents. Commentators noted that patent thickets make it more difficult to commercialize new products and raise uncertainty and investment risks. Some panelists also noted that hold-up has become a problem that can result in higher prices being passed along to consumers."
The FFII has a list of further studies that you can have a look at here.
Now, perhaps I can turn the questions around. Can anybody provide a link to a single reputable study that concludes that software patents are necessary or good for society?
If so, please do.
But to the best of my knowledge there isn't any such study, so please don't feel embarassed if you can't.
:-) - Deutsche Bank Research:
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UK developments WRT software patents are amazing!About a year ago, someone talked to me about some ideas he had for campaigning against software patents in the UK. He saw my NoSoftwarePatents.com campaign and wanted to do something like that specifically for the UK, not primarily on the Web but in political/lobbying terms. At the time, I was so pessimistic that I honestly told him I viewed the UK as a strategically lost position for us: They had those key pro-swpat MEPs (Harbour on the right wing, McCarthy on the left wing), a radically pro-swpat government, a national patent office that used tax money to promote the idea of software patents, and case law that upheld some really bad software patents (almost as bad as that of the in-house courts of the European Patent Office).
In the meantime, there has been remarkable progress on most of those fronts. The two individuals who deserve most of the credit on the campaigning and lobbying side are Rufus Pollock and Gavin Hill of the FFII UK. Gavin is the "someone" who contacted me last year. In fact, that contact resulted from a slashdot discussion. And in parallel to the political stuff, we've now seen some really good rulings by Judge Prescott of the High Court of England and Wales who has already invalidated a few software patents.
Someone said in this thread that people should make suggestions for how to make political decision-makers more aware. Here's a suggestion:
Vote Against Software Patents / Vote For Your Right To ProgramWe're doing this online campaign and we've already had a very good start. This is about the most important political award series in the EU, and if our camp once again demonstrates its Internet campaigning power (we're trying hard!), then this will make politicians, press and the public more aware of the software patent issue.
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McCreevy no friend of geeksThis is the guy who dismissed anti-patent campaigners as being anti-globalisation, anti-big business, and anti-American (he stopped short of "communist"), and who has refused to challenge the European Patent Office's practice of granting software patents even though this is expressly prohibited by European law.
I trust him about as far as a 3 year old child could throw him.
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European awards for NoSoftwarePatents.comOne Award Won
Last Monday, the FFII and NoSoftwarePatents.com jointly won the CNET award for Outstanding Contribution to Software Development in Europe.
This award for the anti software patents movement is both very welcome and very well deserved. When the European Parliament rejected software patents on July 6, it was a great victory. Not only for the open source movement, but for all European businesses that use or produce software. It is nice to see this recognized in this manner.
One To Win
We also have a chance of winning another award in recognition of all activists who have spent countless hours on making the swpat victory happen.
The founder of NoSoftwarePatents.com Florian Müller has been nominated as a candidate for the title "European of the Year" in an open Internet poll organized by The European Voice, a weekly magazine that focuses on EU politics.
If he wins either the big "European of the Year" award, or the category "Campaigner of the Year" where he is also nominated, it would be a nice PR victory for the anti-swpat movement.
Also nominated in the "MEP of the Year" category is Michel Rochard, the former French Prime Minister who championed our cause as rapporteur in the European Parliament, where we won on July 6.
If you want to donate a few mouseclicks to the fight against software patents, you can go to and register your vote. Only one vote per person.
Note that you have to vote in all the categories, or your vote will be disqualified. For the most part it doesn't matter who you choose in the other categories, but there are a few bad apples (from an anti-swpat perspective), so here are some suggestions. But it's Campaigner, MEP, and European of the Year that are the important ones.
1) Commissioner of the Year:
Don't vote for Charlie McGreevy, who is the commissioner who tried to ram software patents down Europe's throat.2) MEP of the Year:
Vote for Michel Rochard, who won for us in Parliament.3) Statesman of the Year:
Avoid Blair, Schröder, and Juncker because of how their respective governments behaved over the directive (especially Juncker, Luxembourg). This leaves the candidates from Italy, Poland or Spain to choose from.4) Diplomat of the Year:
Don't vote for Nicolas Schmitt, who is part of the Luxembourg government that handled the swpat issue so disgracefully and anti-democratically during the Luxembourg EU Presidency.5) Campaigner of the Year:
Vote for Florian Müller, NoSoftwarePatents.com6) Business Leader of the Year:
Pick one.7) Journalist of the Year:
Pick one.8) Achiever of the Year:
Pick one.9) Non-EU Citizen of the Year:
Pick one.10) European of the Year:
Vote for Florian Müller, NoSoftwarePatents.com
Although one could argue that Michel Rochard would be just as worthy from our perspective, I think it sends a stronger and clearer message if one of our activists wins the award, rather than a politician that is involved in many other issues as well. As it would be very damaging to our chances of winning the most prestigious of the awards if the anti-swpat vote is split on two candidates, my recommendation is Florian Müller only.For more information about the nominees, see the presentations at the award site here. The poll closes on November 11, and the award will be handed out at a gala dinner hosted by former EU Parliament president Pat Cox later that month.
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Good news and mostly bad newsBad news:
- Don't let us gloat over the damage to Microsoft. The Eolas patent is a threat to large parts of the Internet as we know it.
- Eolas' success will encourage investments in industrialized deep-pocket patent trolls by venture capitalists, corporations, and high net-worth individuals. Look at this Goldman Sachs venture here, for an example: www.ipvalue.com
- The Eolas case will be used as a key argument of the IT industry to support that Patent Reform Bill in US Congress, a piece of legislation that would limit the damage an Eolas can cause to a Microsoft while giving the large players ever more advantages and disadvantaging the defensive power of open-source projects and smaller companies.
Good news:
- Microsoft backed virtually any pro-patent lobbying entity in Europe (ACT, CompTIA, Campaign for Creativity, EICTA, BSA, and numerous local ones). A dozen Eolas-like cases down the road, they may reconsider their stance.
- As a representative of the anti-software patent movement in Europe, I've been nominated by a jury for the Europeans of the Year award, which is sponsored by Microsoft. It's a public Internet poll in which I might even win, either in the EU Campaigner of the Year or the overall European of the Year category, and I've already vowed to give the prize money to the FFII, which fights against software patents. If you feel like supporting this Microsoft money to anti-patent group effort, please vote for me there in both categories (Campaigner and the long overall list at the end). Don't have to be European for that. Thanks. End of campaign message
:-)
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Re:Not so fast
Ugh. There's a lot to like about C#, but I would never call it beautiful. It's got more keywords than C++, it's chock full of silly features (did you know you can use a keyword as an identifier if you prefix it with @?), and, most egregiously, Microsoft commonly pollutes the language to make up for deficiencies in their toolset.
(Oh, and Spotlight is a lot deeper than just a nice interface on top of the existing search.)
You might also be surprised by what AppleScript is capable of. It has support for very modern features, including inheritance, exceptions, closures, eval... It's not meant to be the shell - that's why OS X ships with bash, tcsh, and zsh. It's more like VB Script, except vastly nicer and easier to write. (Your criticism of its syntax is dead on, but believe it or not, AppleScript really does have a syntax, which as far as I know has only been fully documented once.)
Apple definitely has the in-house people to write an OS. The guy who wrote Mach works at Apple. The author of one of the slickest filesystems ever works there too. Oh yeah, and remember this guy? Seriously, Apple has been out-delivering Microsoft since 2001; you can't pick on them for not knowing how to write an OS.
(And, just to be snarky, Microsoft got their kernel folks from somewhere else too.)
I'm glad my OS was designed by, err, designers, incidentally. Apple has some computer science folk, but a computer scientist designing an OS is like a physicist designing a car.
I'm eagerly awaiting Longhorn, incidentally.
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Re:Good step, but not the long term answer
There are two entirely different questions:
a) normative: do we need a patent system for sw
b) positive: do we have to get patents under a patent system which allows them
Answers
a) no. Get organised.
b) yes
If you want to fight software patents get organised. FFII did a wonderful job in Europe.
They also have an US list with only few subscribers yet. Please get subscribed. My experience is that it is all about critical mass.
http://lists.ffii.org/mailman/listinfo/us-parl
Note: there are patent reform bill discussions in Congress but no one from FFII is involved yet. It is important and we need to get more US supporters to export the EU success. -
Re:Judging one by the company he keeps
Maybe it's the open source community that needs to really look at some of the things that MySQL ab has done in the past
Yeah, like say being one of the main funders of the nosoftwarepatents.com campaign in Europe, as well as giving a lot of money to the FFII (which coordinated most of the battle against software patents in Europe). -
Who represents the interests of smaller companies?I've previously read about this patent reform bill, and my analysis is that it lopsidedly suits the interests of large corporations, and specifically Microsoft. The bill ensures that their machinery, which files for patents long before even a single line of code is written, gets patents that are harder to invalidate, while the unpleasant effects of other people's patents on those larger players (such as the risk of an injunction against them) are minimized. In a game that is based on mutually assured destruction as the only method of defense of the little guys against the big ones, that means an even more unbalanced situation than it already is.
Over here in Europe, we had that heated debate over the software patent directive. The European Parliament has to date not been lobbied nearly as aggressively on any legislation as on that one. The FFII and a campaign that I founded (and later gave to the FFII) succeeded in mobilizing citizens as well as small and medium-sized companies in all 25 member states of the European Union. Some MEPs claimed to have received about 75,000 E-mails on this issue. More importantly than that, lots of people went to Brussels (basically the EU capital) and Strasbourg (where the parliament has most of its votes) to meet with politicians.
Is there any active opposition to the BSA in the United States? The EU directive that the European Parliament voted down on 6 July was actually drafted by the BSA as the meta information in the European Commission's Word document showed (it contained the name of the BSA's European public policy director as an author).
By "active opposition" I mean a core group of activists who mobilize people throughout the United States. A free software or digital rights organization would be viewed as a bunch of idealists and not be taken nearly as seriously by a Congressman as a number of voters and employers from his constituency.
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Short answer, yes. Long answer ...The short answer is, yes, the patent is invalid and will probably be over turned.
The long answer is that it takes a shit load of money (usually millions) and time to overturn even obviously bad patents. Thus they are hobbling Apple for a bit and presumably generating a bit of fear, uncertainty and doubt as to iPod. It's basically like a nuisance lawsuit to tie up resources. Everyone, especially MS, knows that MS can't compete on technical mertis so it's been doing everything possible to ensure that no one else can either.
Take this as a warning as to what will happen if MS is able to force software patents into Europe and no longer has to play nice on either side of the Atlantic.
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Patent pledges won't help, a patent arsenal mightLast year I founded the NoSoftwarePatents.com campaign, which I transferred to the FFII earlier this year. On 6 July, the European Parliament threw out a proposal that would have given software patents a stronger legal basis in Europe. There are tens of thousands of software patents in Europe, but there is very little litigation activity because national courts in major European countries have already invalidated many software patents on the grounds of a multi-national treaty (the European Patent Convention) that goes back to the year 1973 and excludes computer programs from the scope of patentable subject matter. I'm currently writing a book on our fight against that EU software patent directive.
I reacted with similar comments to the OSDL announcement as Bruce, who BTW held a great speech on open source and software patents at a conference in the European Parliament last November. My comments were published on various IT websites, such as News.com.
I just established a criterion: It will only be helpful if and when they gather patents with which they could, for instance, countersue an organization like Microsoft.
The so-called patent pledges that IBM, Sun and Nokia made were attempts to fool those who don't know exactly how the patent game is played (and who don't read the fine print of those terms). Not a single one of those patents could be turned against a company like Microsoft because the holders of those patents already have, as Bruce noted in his comments, cross-licensing agreements in place that are non-aggression pacts with respect to those patents. Apart from that, those patent pledges have lots of strings attached. In some cases, the respective patents are not even valuable (for instance, IBM pledged some medical technology patents). Even if they are, the pledges are tied to certain open-source programs (Nokia's pledge only relates to the Linux kernel, only a small part of Linux itself, and even Linux is just a small part of open source) and/or licenses (that's the problem with Sun's pledge). Then there are clauses in there that talk about exceptions, such as if a company needs to defend itself, and those vague wordings are loopholes that can render an entire pledge useless when push comes to shove.
If any of those large companies are serious about building a protective shield for open source against its competitors, then they have to provide a trustworthy and truly independent open-source body with patents that can be used for retaliatory strikes (i.e., are not part of any existing cross-licensing deals) and consequently are a basis for forcing potential aggressors into cross-licensing agreements to protect all of open source. Simply put, if you have a few dozen patents that could be used to stop the distribution of Windows, then you have a bargaining position. Everything else is useless.
Note that a patent arsenal like this wouldn't work against patent trolls with no products of their own, and an aggressor could hide behind a remote-controlled troll like some suspected in the SCO case.
If people like Bruce Perens and I criticize those patent pledges, we don't do it to hurt our common cause nor to be in the media, but because the patent game is a tricky one and there's a lot of eyewash and brainwash going on. It's important to educate journalists and the community how to take a more knowledgeable perspective on those initiatives. It would be a major mistake to accept totally pointless PR tricks instead of insisting on real solutions. Our criticism is ammunition for the positive forces inside those organizations to ask for truly meaningful measures.
The only definitive solution of the patnet problem is at the legislative level, and until that happens, the only form of defense that makes any sense is the threat of mutually assured destruction.
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Re:ALWAYS show up to court
Any chance you could post the court order, or indicate what these 8 items are, or where they can be located online?
/blockquote> Hamburg court order. It's in German though. I don't speak German myself.or whatever else you can come up with to help clarify the conflict?
Look here. If you follow links to ffii.org pages and they don't work, replace ffii.org with ffii.de to get them to resolve for now.There may also be a follow-up article about it on news.zdnet.co.uk today.
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FFII web site taken downIN related news, this ZDNet article reports that the German software company Nutzwerk has obtained a court order taking the FFII's web site offline.
In the meantime, please use nosoftwarepatents.com instead, where you will find more information on the issue.
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Whining?
"Opera (the company) has always whined that they weren't being properly counted because of they defaulted to pretending to be IE, so it'll be good to finally remove this whine. (Of course, they can still whine about it, as they'll say it's people using older versions, or people who have changed it manually, so maybe nothing will change.)"
I don't get it.In what way is pointing out the fact that sites often fail to detect Opera because it spoofs as IE by default whining?
What do you mean by "whining" anyway?
Is it whining if your browser is being discriminated against, and you make a point of that? Were the black slaves in the US "whining" when they wanted freedom? Were those who wanted to abolish slavery "whining"? Yeah, I'm purposedly exaggerating slightly, but surely you get my point.
I don't get the hostility towards Opera. The company pays several people to work with web standards in the W3C. The guy who invented CSS works for the company. Even as tiny as Opera is it has still defined what a modern browser is supposed to do. A lot of the "innovations" in Firefox and IE7 were introduced by Opera. Heck, the company even officially opposes software patents, so it's not even trying to prevent free software from just doing whatever Opera can do (or at least trying). Stuff Mozilla representatives are bragging about in Minimo, such as Small Screen Rendering, spatial navigation, and other things Minimo is supposedly going to revolutionize the mobile browser market with, were invented by Opera, and have been available to users of mobile phones with Opera on them for ages.
Why the constant derogatory comments about Opera on Slashdot? I mean, the first paragraph you wrote was informative, but then you just had to add that second paragraph to make sure that you showed everyone how you really think Opera is lame, "so please don't mod me down for saying something remotely positive about Opera"?
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Re:Take a page out of the EU's bookThe EU doesn't allow for software nor business practices to be patented.
That's unfortunately an oversimplification.
Basically the European Patent Convention (EPC) forbids patenting business methods and "software as such". You can't patent a an algorithm. You can patent a computer running the algorithm. (Functionally equivalent). You can't patent a business method, but you can patent a computer network implementing the business method. (So competitors must do business "by hand").
The exact interpretations differ among the member states, which is why we need a harmonizing anti-swpat directive. It's difficult though, what with governments ignoring their parliaments and all. More here
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Why are software patents NOT harmful to society?
Dear Patent Lawyers,
Could you please justify by reply in moderate detail the supposed net benefit to society (rather than just to corporations) of software patents explaining why you think that extending the patent system to cover software is not harmful both to society and to freedom of expression given the case of an open-source software developer who, as a result of- working unpaid on his/her project as a hobby
- giving his/her inventions away freely for the benefit of society ,
- i.e. without any project income,
- without any corporate project sponsor to pay legal fees,
- without sufficient personal savings or income to pay for even a brief consultation with a "cheap" patent lawyer, and
- without a patent lawyer prepared to work pro bono,
is threatened with a patent lawsuit by a corporation demanding he/she removes the allegedly infringing software from the project's website, leaving the impoverished developer with no real choice but to comply with the demand and close the project?
One recent unresolved case, which is not unique, is that of the German mathematician and open-source software developer Helmut Dersch who had no financial choice but to remove his software from his project website. He had no money to pay for a patent application at the time of his own inventions, which pre-date the patent application of the IPX company , to to pay for a lawyer to challenge the company which threatened him with the prospect of a lawsuit.
Here [ffii.org] is a summary of the case history.
I hope you will take the time to reply at moderate length for the sake of explaining to the open-source developer community why software patents are not a threat to completely unfunded open-source projects.
Thank you for reading this. If you are a patent lawyer, please mention that fact in your reply here.
When a similar comment was last posted here it got a brief reply from one of the patent lawyers who read slashdot.
Please copy and re-post this message in all available forums until some patent lawyers have the courtesy to write a thorough reply. -
Why not FFII?
Why don't they just join forces with the Foundation for a Free Information Infrastructure? That seems to me the closest European equivalent to the EFF. Even if the goals are not exactly the same, an organization at european level would have a stronger voice than an organization based in a single state, I should think.
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Considering Software Patents are...
acts of fraud by the involved parties, there really isn't much to see here but just those wallowing in their own shit.
software by its very nature, is NOT patentable. -
Re:They won't give up
I just can't imagine them giving up so soon. As has been stated even before this vote, they will go after more local governments next. Following that, what is to stop them from trying it again later?
What is there to stop us (FFII) from taking the initiative this time? After all, the BSA wrote the previous initial Commission proposal (sorry for the messed up formatting), it's only fair if they'd allow us to write it now :) Seriously, the climate for a proper directive is better than ever. -
Re:Looks like we DOSsed this bill out of existenceIt was not spammed with amendments in any way. Among those 178 amendments, there was a set of 21 compromise amendments which was tabled 6 times by politicians from different groups. 39 more were amendments approved by the legal affairs committee last month. Then there were also 3 rejection amendments, and one amendment which was identical to one of the 21 compromise amendmnets. So in the end there were only 21 + 1 + 10 = 32 extra amendments tabled for plenary.
Those 21 amendments were tabled by politicians from all different political families, and would provide a basis which allowed excluding software patents. It's because of the widespread support for these amendments that EICTA and the rest of the US lobbying family got scared and started supporting rejection. We supported both rejection and full amending from the start.
The Commission made it clear that it would reject any directive which would not codify the EPO's practice. So in the end, rejection was the only real solution (either now or in third reading). The important signal is that codification of the EPO's practice most definitely did not have a majority in the European Parliament, and that their practice thus has been rejected.
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BT video of the EP press conference
You can download the full European Parliament press conference after the vote with this torrent (AVI file (DIVX), 48 minutes).
Magnet URI for Azureus (remove the space before the last two chars):
magnet:?xt=urn:btih:Y4PBCQWFLXEPSTSTNVRW536VAKTZK
M PLIt's very interesting because it shows that the MEPs really know what this is all about and most of them have a position surprisingly similar to the FFII!
Josep Borrell (EP President) and Michel Rocard (MEP) speak very clearly about what's wrong with software patents, the Council of the European Union, the European Commission, Microsoft, etc.Unfortunately the first 4 minutes are only translated in Italian, but all the important things are in English.
Please after completing the download continue to seed as long as possible.
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Microsoft lobbying is fun
Yes, Microsoft wasted 30 Mio $ in the EU lobbying debate and hired all guns they could get. Really stupid lobbyists, an insult for intelligent people.
Hope we will now be able to talk to the real patent guys of Microsoft in the future and not the lobbying scum. Please get involved in the US patent reform debate before Microsoft will write the patent reform.
The funniest event happened yesterday with the CompTIA astroturf guys "CampaignforCreativity".
From FFII-News: "The pro-patent campaigners of "Campaign for Creativity" chose to be present on water, the Parliament being surrounded of visible channels since the buildings; they chartered a small yacht which carried a large yellow and blue banner (as usual, copycatting the FFII symbols). The FFII side reacted by bringing a half-dozen kayaks on to the ">water with banners calling for a "vote for Buzek-Rocard-Duff" between two blows of paddle. On the footbridge which hangs over the channel and connects the two wings of the building, MEPs laugh. Somebody exclaims: "this seems to prove that creativity is rather on their side"!"
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Microsoft lobbying is fun
Yes, Microsoft wasted 30 Mio $ in the EU lobbying debate and hired all guns they could get. Really stupid lobbyists, an insult for intelligent people.
Hope we will now be able to talk to the real patent guys of Microsoft in the future and not the lobbying scum. Please get involved in the US patent reform debate before Microsoft will write the patent reform.
The funniest event happened yesterday with the CompTIA astroturf guys "CampaignforCreativity".
From FFII-News: "The pro-patent campaigners of "Campaign for Creativity" chose to be present on water, the Parliament being surrounded of visible channels since the buildings; they chartered a small yacht which carried a large yellow and blue banner (as usual, copycatting the FFII symbols). The FFII side reacted by bringing a half-dozen kayaks on to the ">water with banners calling for a "vote for Buzek-Rocard-Duff" between two blows of paddle. On the footbridge which hangs over the channel and connects the two wings of the building, MEPs laugh. Somebody exclaims: "this seems to prove that creativity is rather on their side"!"
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Re:The score
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US Mailing list
Yes, there is a US mailing list of FFII. Don't complain in webfora, get involved in the US patent reform discussions. the time is right. Time is crucial in these debates. Organisation building takes time.
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Re:FFII press release
Other FFII servers are holding up with the news, and a slightly updated version of the press release
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Re:FFII press release
Other FFII servers are holding up with the news, and a slightly updated version of the press release
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FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
FFII press release
The FFII server is horribly overloaded at the moment, so here's their press release. (Slightly edited for anti-lameness) You can get info on todays vote at http://wiki.ffii.org/PrReject050706En once it gets back up.
From jmaebe ffii.org Wed Jul 6 15:15:16 2005
Date: Wed, 06 Jul 2005 13:03:50 +0200
From: Jonas Maebe
To: news ffii.org
Subject: [ffii] European Parliament says no to software patents, yes to innovation
**European Parliament says no to software patents, yes to innovation**
Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority to reject the software patents directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's unwillingness to engage in any kind of dialogue with the Parliament. The FFII congratulates the European Parliament on its clear "no" to bad legislative proposals and procedures.
This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from the threat of software and business process patents. It marks the end of this attempt by the European Commission to codify into law the US-style practice of the European Patent Office. We believe that the Parliament's work, in particular the 21 compromise amendments, provides a good basis on which future legislative projects can build.
Rejection provides breathing space for new initiatives based on all the knowledge gained during the last five years. All institutions are now fully aware of the concerns of all stakeholders. However, the fact that the Council Common Position needs 21 amendments in order to be transformed into a coherent piece of legislation indicates that the text is simply not ready to enter the Conciliation between Parliament, Commission and Council. We hope the Commission and Council will at least respond to the concerns raised by Parliament the next time, in order to avoid this sort of backlash in the future.
Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:
"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give people new faith in the European decision making process. I also hope that it will encourage the Council and Commission to model after the European Parliament in terms of transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."
The FFII wishes to thank all those people who have taken the time to contact their representatives. We also thank the numerous volunteers who have so generously given their time and energy. This is your victory as well as the Parliament's.
Background Information
Free ice-cream for patentability
http://wiki.ffii.org/CampIcecream050601En
Software patent lobbyists add boats to their arsenal
http://lists.ffii.org/pipermail/news/2005-July/000 297.html
Pictures of the boating
http://gallery.ffii.org/Strasbourg050705
Permanent link to this press release
http://wiki.ffii.org/PrReject050706En
Contact Information
Hartmut Pilch and Holger Blasum
FFII Munich Office
info@ffii.org
++49-89-18979927
Rufus Pollock
FFII UK
rufus.pollock@ffii.org.uk
+44-7795-176976
Jonas Maebe
FFII BE
jmaebe@ffii.org
+32-485-369645
Dieter Van Uytvanck
FFII BE
dietvu@village.uunet.be
+32-499-167010
About FFII -- http://www.ffii.org/
The Foundation fo -
Congratulations all!
We finally did it! My best congratulations to you all, and let us celebrate and remember this day.
:-)
Thank you!
- http://www.fsfeurope.org/
- http://www.ffii.org/ -
Pictures of the demonstration!
Pictures of the demonstration on tuesday:
http://gallery.ffii.org/Strasbourg050705 -
Historic day for Europe!
Congratulations to the http://www.ffii.org/ and all the European citizens!
Today we're a bit closer to freedom :) -
Well done!!
Congratulations to the FFII for all their hard work and patience campaigning against the directive!!! These people deserve all the support they can get.
For the time being I can rest assured that working as a programmer I do not have to watch my every statement. -
Re:Killing this directive is dangerous.I believe it was http://www.patent.gov.uk/about/ippd/faq/softpat.h
t m, linked from one of the numerous FFII emails we were all bombarded with around the time of the JURI consultation last year.
I have highlighted the outright lies with italics:
"Won't the introduction of the Directive on computer-implemented inventions stifle innovation in the software industry?"
Remember, the words "technical contribution" are lawyerly weasel-words that allow an otherwise invalid patent to be approved.
"The proposed Directive does not introduce or extend the patentability of software. In the UK, patents have been granted for computer-implemented inventions for decades. This has not hindered the expansion of the Internet, the development of open source software, nor the continuing growth of the software industry."
"Why is the proposed Directive trying to extend the patentability of computer-implemented inventions?"
"The approach adopted by the UK Government and the European Commission in the proposed Directive is to clarify the current position on patentability of computer-implemented inventions and confirm that only those inventions that involve a technical contribution can be protected by patents."
"Why is the Government ignoring the views of software developers?"
I believe that claims that the consultation was wide-ranging and balanced have been debunked elsewhere. It was done with about the same fairness as the survey the Home Office put out, that shows that most people are in favour of ID cards.
The UK position is based on a wide-ranging consultation carried out in 2000/2001 that supported the clarification of the current law and continued restrictions on the patentability of business methods. ;)"Won't Europe end up with the system that now exists in the United States?"
This shows that, at best, the UK Patent Office is hopelessly naive.
The Government believes that we should aim to avoid the width of patentability now allowed in the United States: this is why it pressed the European Commission for a Directive following its consultation."Doesn't the European Commission's proposal extend rather than clarify patentability?"
Note that the specific question asked here is deftly avoided.
"The proposals originally put forward by the European Commission reflect to a great extent the responses that the DTI received in an extensive consultation on this issue in 2000/2001, and aim to clarify the situation. The Government believes that the proposals will in fact be good for the UK software industry, in clarifying a contentious area of intellectual property law, and for the UK and Europe as a whole by reinforcing a system which will counter the ever-increasing trend towards the wider granting of patents seen in the USA.
The page goes on in this way; further analysis can be found here, here, and here. -
Re:Killing this directive is dangerous.I believe it was http://www.patent.gov.uk/about/ippd/faq/softpat.h
t m, linked from one of the numerous FFII emails we were all bombarded with around the time of the JURI consultation last year.
I have highlighted the outright lies with italics:
"Won't the introduction of the Directive on computer-implemented inventions stifle innovation in the software industry?"
Remember, the words "technical contribution" are lawyerly weasel-words that allow an otherwise invalid patent to be approved.
"The proposed Directive does not introduce or extend the patentability of software. In the UK, patents have been granted for computer-implemented inventions for decades. This has not hindered the expansion of the Internet, the development of open source software, nor the continuing growth of the software industry."
"Why is the proposed Directive trying to extend the patentability of computer-implemented inventions?"
"The approach adopted by the UK Government and the European Commission in the proposed Directive is to clarify the current position on patentability of computer-implemented inventions and confirm that only those inventions that involve a technical contribution can be protected by patents."
"Why is the Government ignoring the views of software developers?"
I believe that claims that the consultation was wide-ranging and balanced have been debunked elsewhere. It was done with about the same fairness as the survey the Home Office put out, that shows that most people are in favour of ID cards.
The UK position is based on a wide-ranging consultation carried out in 2000/2001 that supported the clarification of the current law and continued restrictions on the patentability of business methods. ;)"Won't Europe end up with the system that now exists in the United States?"
This shows that, at best, the UK Patent Office is hopelessly naive.
The Government believes that we should aim to avoid the width of patentability now allowed in the United States: this is why it pressed the European Commission for a Directive following its consultation."Doesn't the European Commission's proposal extend rather than clarify patentability?"
Note that the specific question asked here is deftly avoided.
"The proposals originally put forward by the European Commission reflect to a great extent the responses that the DTI received in an extensive consultation on this issue in 2000/2001, and aim to clarify the situation. The Government believes that the proposals will in fact be good for the UK software industry, in clarifying a contentious area of intellectual property law, and for the UK and Europe as a whole by reinforcing a system which will counter the ever-increasing trend towards the wider granting of patents seen in the USA.
The page goes on in this way; further analysis can be found here, here, and here. -
Re:If only...
Actually, I think the best thing would be for the directive to be passed with the 21 cross-party amendments (read more about the Buzek-Rocard-Duff amendments here: http://wiki.ffii.org/AmPlenPr050701En and here: http://swpat.ffii.org/papers/europarl0309/amends0
5 /komprom0506.en.pdf)
Failing that we want a rejection of course... -
Re:If only...
Actually, I think the best thing would be for the directive to be passed with the 21 cross-party amendments (read more about the Buzek-Rocard-Duff amendments here: http://wiki.ffii.org/AmPlenPr050701En and here: http://swpat.ffii.org/papers/europarl0309/amends0
5 /komprom0506.en.pdf)
Failing that we want a rejection of course... -
Re:The letter that I sent to my MEP
Here's the contents of an advisory email about this sort of thing from the FFII (lists of MEPs removed to get around
/. lameness filter). The "Key Messages" section for each party is particularly interesting.
--------
Dear XYZ,
You have registered as a supporter of FFII and thereby agreed to receiving e-mails which tell you how you can support our work.[1]
The European Parliament will vote next Tuesday or Wednesday. Unless more than half of the members (= 367) vote for serious amendments, the Council's version will become law and US-style software patent enforcement will begin in Europe.
On 5 July there will be a demonstration in Strasbourg, with coaches from Paris, Brussels, Munich, Amsterdam and possibly elsewhere http://noepatents.eu.org/index.php/StbDemo050604
Final things for you to do:
* Check that your MEP will attend the plenary session, an abstention is a vote for the unmodified council version.
We recommend him/her to vote for the 21 cross-party amendments[2], but even a vote for the official liberal or conservative party line is probably better than not showing up or abstaining. If the 21 cross-party amendments do not get passed we recommend that your MEP should vote to reject the directive.
* At this point sending e-mails alone is probably of no great value. Below you find a list of UK MEPs with phone numbers and some hints on specific messages to be delivered.
* Phone calls can be very effective if you are well informed. *Otherwise they can backfire*. Always be polite, never get aggressive. Explain clearly how software patents would affect *you* and *your* business. Only contact MEPs from *your own* region.[4]
* Before calling your MEP by phone, please make sure you have read the 21 cross-party amendments yourself, have a printed copy ready beside your phone and are well aware of the central ones, particularly Amendments 8, 4, 3, 9 and 1.
* It would also be good to have read the FFII discussion paper[3]. You can use Sunday (tonight) and Monday morning for preparation. MEPs arrive in Strasburg Monday afternoon.
* For help, please email the UK coordinators at uk-help@ffii.org with your name, region and relevant details of your business or profession.
* More instructions on how to contact your MEP are at http://wiki.noepatents.eu.org/index.php/MEPinfo
With kind regards, Hartmut Pilch and Alex Macfie, FFII
[1] Your user id is XYZ at http://aktiv.ffii.org/, in case of
difficulties you also may contact buero at ffii.org.
[2] Buzek-Rocard-Duff amendments
http://wiki.ffii.org/AmPlenPr050701En
http://swpat.ffii.org/papers/europarl0309/amends05 /komprom0506.en.pdf
[3] http://swpat.ffii.org/papers/europarl0309/juri0504 /ffiiepp050615.en.pdf
[4] Map of UK Euro regions at
http://www.europarl.org.uk/uk_meps/MembersMain.htm
UK MEPs
email @europarl.eu.int
Strasbourg phone, MEP assistant: 0033-3881-77 XXX
Strasbourg phone, MEP him/herself: 0033-3881-75 XXX
Strasbourg fax: 0033-3881-79 XXX
LIBDEMS (ALDE UK)
=================
Messages:
Please follow the 21 cross-party amendments which are championned by Andrew Duff
http://www.andrewduffmep.org.uk/news/163.html
The Duff line conforms to the recommendations of the UK Libdem party policy documents and of the European Liberal Youth (LYMEC) -
Re:The letter that I sent to my MEP
Here's the contents of an advisory email about this sort of thing from the FFII (lists of MEPs removed to get around
/. lameness filter). The "Key Messages" section for each party is particularly interesting.
--------
Dear XYZ,
You have registered as a supporter of FFII and thereby agreed to receiving e-mails which tell you how you can support our work.[1]
The European Parliament will vote next Tuesday or Wednesday. Unless more than half of the members (= 367) vote for serious amendments, the Council's version will become law and US-style software patent enforcement will begin in Europe.
On 5 July there will be a demonstration in Strasbourg, with coaches from Paris, Brussels, Munich, Amsterdam and possibly elsewhere http://noepatents.eu.org/index.php/StbDemo050604
Final things for you to do:
* Check that your MEP will attend the plenary session, an abstention is a vote for the unmodified council version.
We recommend him/her to vote for the 21 cross-party amendments[2], but even a vote for the official liberal or conservative party line is probably better than not showing up or abstaining. If the 21 cross-party amendments do not get passed we recommend that your MEP should vote to reject the directive.
* At this point sending e-mails alone is probably of no great value. Below you find a list of UK MEPs with phone numbers and some hints on specific messages to be delivered.
* Phone calls can be very effective if you are well informed. *Otherwise they can backfire*. Always be polite, never get aggressive. Explain clearly how software patents would affect *you* and *your* business. Only contact MEPs from *your own* region.[4]
* Before calling your MEP by phone, please make sure you have read the 21 cross-party amendments yourself, have a printed copy ready beside your phone and are well aware of the central ones, particularly Amendments 8, 4, 3, 9 and 1.
* It would also be good to have read the FFII discussion paper[3]. You can use Sunday (tonight) and Monday morning for preparation. MEPs arrive in Strasburg Monday afternoon.
* For help, please email the UK coordinators at uk-help@ffii.org with your name, region and relevant details of your business or profession.
* More instructions on how to contact your MEP are at http://wiki.noepatents.eu.org/index.php/MEPinfo
With kind regards, Hartmut Pilch and Alex Macfie, FFII
[1] Your user id is XYZ at http://aktiv.ffii.org/, in case of
difficulties you also may contact buero at ffii.org.
[2] Buzek-Rocard-Duff amendments
http://wiki.ffii.org/AmPlenPr050701En
http://swpat.ffii.org/papers/europarl0309/amends05 /komprom0506.en.pdf
[3] http://swpat.ffii.org/papers/europarl0309/juri0504 /ffiiepp050615.en.pdf
[4] Map of UK Euro regions at
http://www.europarl.org.uk/uk_meps/MembersMain.htm
UK MEPs
email @europarl.eu.int
Strasbourg phone, MEP assistant: 0033-3881-77 XXX
Strasbourg phone, MEP him/herself: 0033-3881-75 XXX
Strasbourg fax: 0033-3881-79 XXX
LIBDEMS (ALDE UK)
=================
Messages:
Please follow the 21 cross-party amendments which are championned by Andrew Duff
http://www.andrewduffmep.org.uk/news/163.html
The Duff line conforms to the recommendations of the UK Libdem party policy documents and of the European Liberal Youth (LYMEC) -
Re:The letter that I sent to my MEP
Here's the contents of an advisory email about this sort of thing from the FFII (lists of MEPs removed to get around
/. lameness filter). The "Key Messages" section for each party is particularly interesting.
--------
Dear XYZ,
You have registered as a supporter of FFII and thereby agreed to receiving e-mails which tell you how you can support our work.[1]
The European Parliament will vote next Tuesday or Wednesday. Unless more than half of the members (= 367) vote for serious amendments, the Council's version will become law and US-style software patent enforcement will begin in Europe.
On 5 July there will be a demonstration in Strasbourg, with coaches from Paris, Brussels, Munich, Amsterdam and possibly elsewhere http://noepatents.eu.org/index.php/StbDemo050604
Final things for you to do:
* Check that your MEP will attend the plenary session, an abstention is a vote for the unmodified council version.
We recommend him/her to vote for the 21 cross-party amendments[2], but even a vote for the official liberal or conservative party line is probably better than not showing up or abstaining. If the 21 cross-party amendments do not get passed we recommend that your MEP should vote to reject the directive.
* At this point sending e-mails alone is probably of no great value. Below you find a list of UK MEPs with phone numbers and some hints on specific messages to be delivered.
* Phone calls can be very effective if you are well informed. *Otherwise they can backfire*. Always be polite, never get aggressive. Explain clearly how software patents would affect *you* and *your* business. Only contact MEPs from *your own* region.[4]
* Before calling your MEP by phone, please make sure you have read the 21 cross-party amendments yourself, have a printed copy ready beside your phone and are well aware of the central ones, particularly Amendments 8, 4, 3, 9 and 1.
* It would also be good to have read the FFII discussion paper[3]. You can use Sunday (tonight) and Monday morning for preparation. MEPs arrive in Strasburg Monday afternoon.
* For help, please email the UK coordinators at uk-help@ffii.org with your name, region and relevant details of your business or profession.
* More instructions on how to contact your MEP are at http://wiki.noepatents.eu.org/index.php/MEPinfo
With kind regards, Hartmut Pilch and Alex Macfie, FFII
[1] Your user id is XYZ at http://aktiv.ffii.org/, in case of
difficulties you also may contact buero at ffii.org.
[2] Buzek-Rocard-Duff amendments
http://wiki.ffii.org/AmPlenPr050701En
http://swpat.ffii.org/papers/europarl0309/amends05 /komprom0506.en.pdf
[3] http://swpat.ffii.org/papers/europarl0309/juri0504 /ffiiepp050615.en.pdf
[4] Map of UK Euro regions at
http://www.europarl.org.uk/uk_meps/MembersMain.htm
UK MEPs
email @europarl.eu.int
Strasbourg phone, MEP assistant: 0033-3881-77 XXX
Strasbourg phone, MEP him/herself: 0033-3881-75 XXX
Strasbourg fax: 0033-3881-79 XXX
LIBDEMS (ALDE UK)
=================
Messages:
Please follow the 21 cross-party amendments which are championned by Andrew Duff
http://www.andrewduffmep.org.uk/news/163.html
The Duff line conforms to the recommendations of the UK Libdem party policy documents and of the European Liberal Youth (LYMEC) -
Re:The letter that I sent to my MEP
Here's the contents of an advisory email about this sort of thing from the FFII (lists of MEPs removed to get around
/. lameness filter). The "Key Messages" section for each party is particularly interesting.
--------
Dear XYZ,
You have registered as a supporter of FFII and thereby agreed to receiving e-mails which tell you how you can support our work.[1]
The European Parliament will vote next Tuesday or Wednesday. Unless more than half of the members (= 367) vote for serious amendments, the Council's version will become law and US-style software patent enforcement will begin in Europe.
On 5 July there will be a demonstration in Strasbourg, with coaches from Paris, Brussels, Munich, Amsterdam and possibly elsewhere http://noepatents.eu.org/index.php/StbDemo050604
Final things for you to do:
* Check that your MEP will attend the plenary session, an abstention is a vote for the unmodified council version.
We recommend him/her to vote for the 21 cross-party amendments[2], but even a vote for the official liberal or conservative party line is probably better than not showing up or abstaining. If the 21 cross-party amendments do not get passed we recommend that your MEP should vote to reject the directive.
* At this point sending e-mails alone is probably of no great value. Below you find a list of UK MEPs with phone numbers and some hints on specific messages to be delivered.
* Phone calls can be very effective if you are well informed. *Otherwise they can backfire*. Always be polite, never get aggressive. Explain clearly how software patents would affect *you* and *your* business. Only contact MEPs from *your own* region.[4]
* Before calling your MEP by phone, please make sure you have read the 21 cross-party amendments yourself, have a printed copy ready beside your phone and are well aware of the central ones, particularly Amendments 8, 4, 3, 9 and 1.
* It would also be good to have read the FFII discussion paper[3]. You can use Sunday (tonight) and Monday morning for preparation. MEPs arrive in Strasburg Monday afternoon.
* For help, please email the UK coordinators at uk-help@ffii.org with your name, region and relevant details of your business or profession.
* More instructions on how to contact your MEP are at http://wiki.noepatents.eu.org/index.php/MEPinfo
With kind regards, Hartmut Pilch and Alex Macfie, FFII
[1] Your user id is XYZ at http://aktiv.ffii.org/, in case of
difficulties you also may contact buero at ffii.org.
[2] Buzek-Rocard-Duff amendments
http://wiki.ffii.org/AmPlenPr050701En
http://swpat.ffii.org/papers/europarl0309/amends05 /komprom0506.en.pdf
[3] http://swpat.ffii.org/papers/europarl0309/juri0504 /ffiiepp050615.en.pdf
[4] Map of UK Euro regions at
http://www.europarl.org.uk/uk_meps/MembersMain.htm
UK MEPs
email @europarl.eu.int
Strasbourg phone, MEP assistant: 0033-3881-77 XXX
Strasbourg phone, MEP him/herself: 0033-3881-75 XXX
Strasbourg fax: 0033-3881-79 XXX
LIBDEMS (ALDE UK)
=================
Messages:
Please follow the 21 cross-party amendments which are championned by Andrew Duff
http://www.andrewduffmep.org.uk/news/163.html
The Duff line conforms to the recommendations of the UK Libdem party policy documents and of the European Liberal Youth (LYMEC) -
Re:Why are we surprised.
The Patent Office does not set the conditions for patentability. Those are set by congress and the courts.
Not strictly true, at least here in the EU. The EPO has lobbied hard for widest possible patentability and have an active marketing division producing pamphlets and giving seminars all around the EU.
You ought to read this case history.. The EPO has been granting patents within unqualified (not legally valid) contexts of 'patentability' (ie. software patents) for several years and have actively pushed for widest patentability.
The EPO actively went out of it's way to gain governmental commitment for it's plans to entirely rewrite the European patent system.
Perhaps they play differently than in the U.S, though I would sincerely doubt it. It's big business - the last thing a patent office can afford, is to be purely subject to the whims of the State.