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

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.