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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."
...If they weren't so often given to people for doing the equivalent of being the first cave man to crack open a coconut with a sharp rock. Any company that tries to patent something like "1-click buying" should be sent a present from the unibomber.
Repeal the DMCA!
Imagine who will be next. What if Asia, Canada, South America, Africa, Austrilia were lobbying for software patents! This is an international problem, and it must be protested everywhere!
Nero-burning ROM for Linux!
Why are they only delaying things? It is obvious most people do not accept software patents. This is coming from software programmers and economists. For the sake of humanity and the economy, why don't those politicians listen to those that are involved in the process of software and not those that simply make a business from it? I understand things are a bit more complicated, but I'm really getting tired of hearing politicians being constantly swaying by big businesses. I'm glad I did my part in this (even though I don't live in Europe), I sent my email/letter using all the available online services that are fighting against these softare patents.
Question everything.
Why not make the patents proportional to the amount of time and effort required to come up with the algoritm? I.e. "1 click shopping" should be patentable for about 10 minutes, while something like a machine vision algorithm which required years of research should be patentable for years...
"Freedom means freedom for everybody" -- Dick Cheney
Yes, we know you slashdotters are mostly American, as said before, but please, this is a CRUTIAL fact to European Free Software, so please, help us, help you, and support the protest: change your page.
Thank you.
India.
There is still a big problem so long as the U.S. is allowing these patents.
Scenario 1: Europe allows software patents.
Jan 1990-Jan 2004: Various people around the world use a borderline-patentable idea because it is obvious, but don't try to patent it.
Jan 2004: EuroSoft* file to patent the idea in Europe.
May 2004: AmeriSoft* file to patent the idea in the US.
Jan 2006: EuroSoft's patent is approved, and used to oppress the masses, including AmeriSoft. AmeriSoft's patent is either refused or is toothless because of this.
* All companies in these scenarios are fictional. Any resemblence with real companies of the same name, trading or defunct, is purely coincidental, and their fault for choosing such an obvious company name.
Scenario 2 - Europe does not allow software patents.
Jan 1990-Jan 2004: Various people around the world use a borderline-patentable idea because it is obvious, but don't try to patent it.
Jan 2004: EuroSoft considers patenting the idea, but would have to do so in the U.S. This would be much harder for them, and it is a long shot anyway that the patent office will be stupid enough to grant it, so they don't.
May 2004: AmeriSoft file to patent the idea in the US.
May 2006: AmeriSoft's patent is approved, and used to oppress the masses, including EuroSoft.
From our point of view, there isn't much difference between these scenarios, but clearly the European Parliment will prefer scenario 1.
I think what we need is special cheap non-exclusive patents. (Perhaps the name needs working on, as it is somewhat oxymoronic as it stands.) It would not allow the "patent" owner to prevent anyone else using the idea, but would provide assured protection against anyone who filed for a patent on the same idea at a later date.
Scenario 3:
Jan 1990-Jan 2004: Various people around the world use a borderline-patentable idea because it is obvious, but don't try to patent it.
Jan 2004: EuroSoft* file a non-exclusive patent on the idea in Europe.
May 2004: AmeriSoft* file to patent the idea in the US.
May 2006: AmeriSoft is unable to oppress EuroSoft because of the patent. Anyone else is able to claim to be using EuroSoft's patent on the idea, not AmeriSoft.
This could all be achieved without government intervention just by publishing in a Journal of No-Longer-Patentable Ideas. (Or web-site. Are there such sites? Easy Karma to the person to post links to some.) As IANAL, I don't know if there would be any benefit in official government recognition via the patent office.
Possibly there could be some allowance for the patents to be used defensively only - i.e. you can only prevent someone using your patent if they are trying to prevent you using one of theirs. I can see a Family Economy-Size Can-o-Worms down this path, but it may still be better than the Barrel-o-Worms we're dealing with now.
Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
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.
The committee responsible for this proposal is called JURI, it is made up of 65 MEPs. On June 17th, they voted on the final wording of the proposal. The vote passed by a small majority.
The next stage in the legistlative process is the plenary vote. This is the Big Vote where all 625 MEPs get to vote. In addition to Yes/No, the MEPs are also presented with a list of possible amendments. For this proposal to become acceptable, a vast array of amendments would be necessary (it's rotten to the core).
So 70 amendments were tabled and many protests happened. MEPs were inundated with post and email about this proposal. So much contraversy arised that the European Commission decided that the proposal was obviously not ready for a final vote. So the proposal has been handed back to JURI, and a more agreeable proposal has to be returned.
So now we have to contact just the MEPs on the JURI committee, and tell them how we want them to vote. "Vote No" is not an option, MEPs don't vote No without a very good reason. Proposals are expensive, translation to 12 languages etc., MEPs view rejection as a big waste of EP resources.
Most MEPs know that this proposal will be bad for our economy but they do not understand the whole situation, so we must tell them. (us knowing the whole situation is a prerequisite for this)
Our MEPs are asking us to tell them how to vote(!) and how to change/amend the proposal. We can win this one, but europeans aren't used to fighting our governments, were much more used to laughing at the US government.
So we were caught off gaurd. We've done extremely well, I think we can win this, but people have to continue to put in their free time and learn how to deal with this.
For complete beginners, it's probably too late to become effective (we have 3 weeks). For half-way-there's, keep workin'. (mail me if you need to clarify something, my email address is not hard to google for.
Expert in software patents or patent law? Contribute to the ESP wiki!
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
Expert in software patents or patent law? Contribute to the ESP wiki!
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 = $FF
And don't forget we have a sleazy outfit suing businesses too small to fight back basically for using FRAMES on their web sites. There is plenty of similar nonsense going on.
How could this not be affecting innovation and holding back the US software industry? Isn't this at least partly why M$'s toy software is now running virtually all US businesses, and not at a bargain price, might I add? Re the economy, there are other forces at work here, but the M$ monopoly absolutely is not helping things.
"A worthy cause has never been harmed by the truth" - Gandhi
Hundreds of thousands marched against the recent Iraqi action, for example, and in general the protests were fleetingly covered and all the protestors portrayed as nothing more than a bunch of extremists.
On the other hand, a handful of people protest against the first amendment, as with the recent Alabama Ten Commandments event, and it gets widespread and even supportive coverage.
Why? Well, one's opposing the government, the other's in favour of views associated with some of the more extreme members of the current government, and right now the Press, for whatever reason (insert conspiracy theory here), feels its obliged to prop up the current government - presumably looking at issues like media ownership rule changes as reasons to want a regime in the White House supportive of the press, or maybe just sensing a right-wing mood in the country, who knows.
I must say I've been disappointed in the five years I've been in America. coming from Britain. The press seemed pretty on-the-ball when I arrived, avoiding, for example, making the Clinton impeachment into some simple good vs evil match. But as time's progressed, the press seems to have gotten steadily worse, less and less rational and more and more ideologically bonkers. It's now almost as bad as the British press.
Humbert Wolfe satirized the British media in the mid-nineteenth Century:
It never got any better.You are not alone. This is not normal. None of this is normal.