European Parliament Clashes Over Software Patents

D4C5CE writes "The European Parliament's Daily Notebook reports on the turbulent final plenary debate this morning regarding a draft Directive to legalize Software Patents (which are currently unlawful under Art.52 (2) (c) of the European Patent Convention). The Notebook quotes some truly bizarre views and arguments (which no doubt you'll take the time to point out to Members of the European Parliament before tomorrow's vote), with some MEPs even claiming to feel harassed because they are suddenly also being lobbied by numerous concerned citizens, rather than solely by industry representatives as usual."

Comments

For one thing it's not a non issue to them

[Ricin]

There *is* discussion. There *is* a stir up. There *are* delays. It hasn't been passed as, err, suggested by a certain lobby, without any debate.

If all that matters is the mere glorious victory, well, then find a cave and have your victory there. It's not going to happen. A small win is a win even if it only means less of a loss.

So perhaps we can finally be a little positive about this. OSS has a lobby. It is being heard. More importantly it's being listened to and more people seem to be understanding what's at stake. That's quite something.

Balance of power - State vs People ( go EU ! )

[SlashingComments]

This is very interesting and I am following the story for last few weeks.

I never realized that so many sites could be / would be affected and will join the protest against this.

I would not have been aware of this unless there is this thing called INTERENET and EU people contributed a major portion of GPL Software.

If this works out, then, it will show that the "Europe" is still probably the place where people have the voice and can make a difference.

Balance of power between state and people is getting one sided in US--unfortunately. Before the IRAQ war more than 40% of the people in US actually thought that there is a connection between IRAQ/WMD/Terrorist etc. etc. Govt. is too strong compared to the people at this point to pull this and still stay in power.

(I supported the war anyway--this type of dictators need beating--well so is Pakistan/North Korea but that's another story).

So, congratulations EU people--you did well.

P.S.

Probably does not make much sense here, but, If you just happen to visit a bookstore, pick up the last issue of Foreign Policy ... read and get depressed.

Publicise this BS

[Unregistered]

with some MEPs even claiming to feel harassed because they are suddenly also being lobbied by numerous concerned citizens, rather than solely by industry representatives as usual."


When election time pass this around to the candite of your choice running against the reps that said this. I'm sure the opposition would be happy to have those quotes.

Re:Could be worse...

[rhysweatherley]

In fact, most of the stuff I read was simply clarifying existing statements that "computer-implemented inventions may be patented" (not software itself, but inventions that incorporate a software component), adding additional clarification on when it would not be appropriate to consider pure software or business methods "computer-implemented inventions".

And herein lies the slippery slope. The current version makes it illegal to patent software on its own, but not software used as one component in some otherwise physical product. The standard example given, regurgitated by some of the MEP's in the referenced article, is that of mobile phones.

However, the mobile phone argument shows exactly why this is still a bad law. Mobile phones these days are essentially "software plus an antenna". So what happens when we allow people to patent "algorithm X plus an antenna"?

What we get is this: some open source programmer writes algorithm X, and deploys it in a usual fashion. Some patent miscreant then jumps up and says "hey, you're running algorithm X on a laptop with a wireless network card! You're infringing my patent and owe me royalties!".

No, the current "clarifications" are no good. Software patenting must be abolished completely, in all of its forms. If the physical device does not have some unique and novel feature of its own, sans software, then the device should not be patentable. Period.

Re:Interesting.

[asscroft]

It's so sad that you're calling the US brain-dead and I can't disagree. It's mind boggling. The internet and world wide media was supposed to show the rest of the world how great we are, but it's done a lot to show me how f-ed up we are.

Just today on Fox News Oreilly had a big thing comparing America's teen pregnancy and STD rated to Europes, and then comparing America's Abstinence as the only option approach versus Europes Libertine sex-ed approach. We have four times the pregnancy rate as France and 12 times the ghonnorhea rate as Denmark. F-in Amsterdam where prostitution is legal, and there are more STD cases per 100000 here. WTF? Something isn't working.

Same holds true for binge drinking rates at college and underage drinking rates in the US versus alchohol use and abuse in europe. Suprisingly, toleration of alchohol creates a healthier mentality versus abolition (for those under 21). Exact same issue as sex.

The same holds true for Marijuana use/abuse. Not to mention the waste of money the war on Marijuana is.

Software Patents aren't an idealogy problem like these. They are instead a business vs. consumer problem. Yet, the business vs. consumer stance of europe makes so much more sense than America's sell-out policies.

I'm so disappointed in this puritanical corporate-sell out country. ( I know, if you don't like it, leave). Well maybe I will. I'll live where I'm free to code without fear of the DMCA and where I'm free to read without the government looking up my library records and where my children will get education and we'll all get health care and where my neighbor can smoke a J and it's no big deal because it really isn't a big deal and all that drug war money is instead spent to make life better. Imagine a land where you're free to tinker, and where we're brave enough to allow personal choices. Hmm, how ironic, home of the free and the brave. That should be HERE. That should describe America.

oh well. maybe someday.

Re:Interesting.

[Wolfbone]

"Software Patents aren't an idealogy problem like these. They are instead a business vs. consumer problem. Yet, the business vs. consumer stance of europe makes so much more sense than America's sell-out policies."

Actually old bean, at least from where I stand, it is indeed a matter of ideology - the ideology of free speech, freedom to engage in the arts and sciences, freedom to communicate ideas and culture, freedom of thought.

It has been a long time since the failure of your great compatriot, Phil Salin and others to prevent the tragedy of ideas patenting in the U.S. and we Europeans have had the opportunity to prepare for this inevitable onslaught on our fundamental human rights. Yet it looks likely that the forces arrayed against us will prevail anyway.

I call them 'ideas patents' because that is what they really are - I am not primarily a software developer or a businessman but a mathematician and I see software patents from a rather different perspective than has been customary in the 'debates' in the E.U. Parliament. Ever since I first came across the abominations that are the RSA patent and the DHT transform patent and others like them I have become more and more disgusted and horrified at the level of intellect displayed by those charged with the responsibility of formulating and enacting laws on my behalf.

Every debate has centred on the economic consequences of patenting with no attention whatsoever paid to the rights of which I speak. Of course you'd think I needn't worry when a quarter of a million people (mostly programmers) signed a petition against software patents and an organization representing half a million European S.M.Es stated their opposition to them too. So it must be obvious to the MEPs that there isn't even an economic case to be made for patenting software - right?

Wrong! Unfortunately we have to contend with a level of disingenuity, stupidity or underhand venality - I don't know which - capable of making statements like this:

"With regards to calls for abolishing, within the EU, all patents on computer-implemented inventions, EU companies would be at a severe disadvantage in the global market place if they were not able to apply for a patent over their invention."

(From Arlene McCarthy's website). Even a child would laugh at such a cretinous non sequitur - not so your average MEP.