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Protests Delay European Software Patent Vote
vinsci writes "According to CNET News, 'The European Parliament has delayed voting on a controversial software-patents directive, following protests and criticism by computer scientists and economists.' ZDNet UK adds: 'Warnings that a controversial directive could devastate European software businesses have struck a chord with MEPs. The European Parliament has delayed voting on a controversial software-patents directive... the vote, originally planned for Monday, will now take place at a plenary session starting on 22 September.' Wired also has a story on the protests."
No it is the SEVENTH time it has been postponed:
EU Software Patent Plans Shelved Amid Massive Demonstrations
This will continue until protesting dies down through constant delays and divide and conquer tactics. It is very hard to win at a game that is never played wheneven the opposition has a chance of losing.
Bah Humbug, non-informed pessimistic replys are easy but stupid.
The vote has been delayed because the original proposal was not appropriate (everyone hated it). The original proposal was created with a very slim majoriy vote from the JURI committee (65 MEPs).
Having talked to many MEPs, I've heard that they know it's a crap proposal, but they don't know what to do to fix it. So I, along with many others, have been studying the European Patent Convention, the WTOs TRIPS agreement, and the proposal. We've been educating our MEPs, and now they don't want software patents.
The MEPs on the JURI committed are much more educated this time around, they are considering the FFII mini-proposal, almost all of them want to make sure that software is explicitly excluded from patentability.
Cosmetic changes won't fool anyone, the level of education among the EU lobbyists is quite impressive. I think we're going to win this one.
Ciaran O'Riordan
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Dear Mr Ebbatson
Thank you for your correspondence concerning the draft directive on the patentability of computer-implemented inventions.
The European Parliament's Legal Affairs Committee has voted on the rapporteur's report on the directive and there will be continuing debate and further democratic scrutiny before the directive becomes law.
At this early stage of legislative process, it is nonetheless important to establish the facts about what the draft EU directive and what the Parliament's rapporteur are aiming to achieve in the amendments tabled to the Commission proposal.
It has been suggested that the Parliament's report will for the first time allow the patentability of computer-implemented inventions. This is simply not true. The patenting of computer-implemented inventions is not a new phenomenon. Patents involving the use of software have been applied for and granted since the earliest days of the European Patent Office (EPO). Out of over 110,000 applications received at the EPO in 2001, 16,000 will have dealt with inventions in computer-implemented technologies. Indeed, even without an EU directive, these patents will continue to be filed, not only to the EPO but also to national patent offices.
As you will be aware, in the US and increasingly in Japan, patents have been granted for what is essentially pure software. Some EPO and national court rulings indicate that Europe may be drifting towards extending the scope of patentability to inventions which would traditionally have not been patentable, as well as pure business methods. It is clear that Europe needs a uniform legal approach which draws a line between what can and cannot be patented, and prevents the drift towards the patentability of software per se.
The rapporteur's intention is clear in the amendments tabled and in a new Article 4 in the text, to preclude; the patentability of software as such; the patentability of business methods; algorithms; and mathematical methods. Article 4 clearly states that in order to be patentable, a computer-implemented invention must be susceptible to industrial applications, be new, and involve an inventive step. Moreover the rapporteur has added a requirement for a technical contribution in order to ensure that the mere use of a computer does not lead to a patent being granted.
Furthermore, the amended directive contains new provisions on decompilation that will assist software developers. While it is not possible to comment on whether any patent application would be excluded from the directive, the directive, as amended, would not permit the patentability of Amazon's 'one-click' method. As far as software itself is concerned, it will not be possible to patent a software product. Software itself will continue to be able to be protected by copyright.
With an EU directive, legislators will have scrutiny over the EPO and national court's decisions. With, in addition, the possibility of having a definitive ruling from the European Court in Luxembourg, thus ensuring a restrictive interpretation of the EU directive and a greater degree of legal certainty in the field of patentability of computer-implemented inventions.
Some concerns have been raised that the directive may have an adverse effect on the development of open source software and small software developers. The rapporteur supports the development of open source software and welcome the fact that the major open source companies are recording a 50% growth in world-wide shipment of its products.
In the amended proposal, the rapporteur has imposed a requirement on the Commission to monitor the impact of the directive, in particular its effect on small and medium sized enterprises, and to look at any potential difficulties in respect of the relationship between patent protection of computer-implemented inventions and copyright protection.
Many small companies have given their support to this directive, which will give them more legal certainty as it offers the possibility of pro
$2B OR NOT $2B = $FF