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EU Moves Toward Software Patents
edooper writes "Apparently the patent discussion in Europe has taken a turn for the worse. According to the Foundation for a Free Information Infrastructure: 'This Wednesday, the Irish Presidency managed to secure a qualified majority for a counter-proposal to the software patents directive, with only a few countries - including Belgium and Germany - showing resistance. This proposal discards all limiting amendments from the European Parliament and reinstates the laxist provisions from the Commission, adding direct patentability of data structures and process descriptions as icing on the cake. In a remarkable sign of unity in times of imminent elections, members of the European Parliament from all political groups are condemning this blatant disrespect for democracy in Europe.' Read more: swpat.ffii.org."
I just hate it when they're approved for dual purpose. A software patent shouldn't cover basic ideas of commerce or advancements in technology as a whole.
Like google slipping in contextual advertising patents - by a "software" patent - thus working towards being the defacto monopoly because the software patent basically patents the idea of the advertising method thus stemming competition and not protecting any specific technology or research or ideas.
Very recently two new sponsors for the irish precidency appeared, as can be see on their sponsors web page. These are Microsoft and Dell. Is this just a coincidence?
You are aware that when IP was implemented that the publishing industry went nuts at the thought of the authors retaining any rights at all to their work. I can't find any explaination as to what REALLY happened when there were no IP laws. All I saw was wild generalizations about "chaos" and "mayhem". For who? Was there rioting in the streets? Did all the farmers go on strike and cause widespread starvation? All you damn IP people want to keep the gravy train running, and I say, Get paid for your performance. I told another guy that if you want IP, then I want royalties for every mile you drive your car after I fix it. Then I can sit back and "collect the rent" just like you. If you wany IP treated like real property, then you should pay property tax like you do on real property.
What?
I'm supposed to write software in a world where software can be patented?
Then every piece of code anyone writes is a ticking patent time-bomb.
So lets pretend we can have a patent office thoroughly staffed with geniuses gifted with eidetic memories and a sublime sense of of what is original and patent-worthy.
I'm supposed to read the entire patent database (hundreds of thousands of records)? And then once I finish that I only have to keep current with new grants (let alone new applications) - that's probably only dozens or hundreds a day...
Yeah, right. But then if someone comes along and wants a ransom for their patent on dereferencing pointers on Tuesdays or whatever seemed original and innovative 18 months ago, I'll either have to pay up or spend a few million to take on the fight in civil court...
I'm sorry - software patents are ridiculous. Your steel mill will invest in R&D to lower its energy costs, or it won't. But software patents don't create an incentive to do anything other than run for the hills. It's legitimizing barratry - the only winners are the lawyers, for the steel mill, the companies the steel mill sues, and for the other companies that will sue the steel mill for violating their patents, and so on and so forth, forever and ever...
Software patents are thought of by their proponents as a weapon against free software, and a cudgel against less wealthy competitors. And if they accrue enough legitimacy, within our lifetimes the software engineering discipline will be so clogged with them that practically no one can write software except in secret, no matter well you think the patent office can run. It's sadly ironic, really, that you think they spur any kind of innovation, when all they do is insure that no two good ideas are ever likely to be used together without a legal negotiation first...
Want to Know How to Cheat the GPL? Read On!
Maybe because authors didn't have their own press like they do now. The whole issue never came up before Gutenburg. And after that, it became an issue of who had the right to print to protect gov't and the publishing industry (more like the writer's guild at the time) The U.S. didn't care much about enforcing IP until it had acquired a significant amount of its own. The pirates and "criminals" of yesterday's societies are what gave us today's freedoms. And today's pirates will do the same for future societies. It appears that if you want freedom, you need the "criminals" to make the law unenforcable. When I create something, I get paid then and there, as it should be. Then I forget about it and move on. By the way, the first copyright law came about in 1710. It's not all that diiferent from today's law (except for the time scales involved). Right now, copyright is being used to protect the publishing middle man more than anyone else. This is necessary to insure that creators will be dependant on them (requiring that they sign over their rights, etc,) forever if possible.
What?
Because of open source software nature, people can look at how (algorithms). Closed source, no idea how they implimented it. I wonder when linux is going to get hit with a patent lawsuit that makes the SCO look a nice sunny day.
Most software is made up of very small components put together to create functionality. (loops/ branches| arrays, queues, trees) Its very hard to define something as patentable because by its nature everything in software can be broken down into something that isn't new.
I would have thought little companies would have iritated the big boys (microsoft / apple) to force the governments hand to stop this mess (since companies tend to have the ear of our fine electorate). It really stiffles inovation.
Hi,
This is already patentatble in Europe, and there is little problem with that. The effect of the program on the process of making steel ensures this. IAPA (I am a patent attorney).
To flourish, we need free use of standards, so everyone can build a better Word. Software patents would be bad for the economy. Plus, it may take a page to write down an algorithm, but to get a somewhat bug-free program, it will take almost as long as the original developers. So, the patent wouldn't give that much help. If there are software patents, the source code should be included. That will be somewhat of a counter force.
Yours,
Bert
Now, companies like Microsoft, can submit 10 patents a day. Just see slashdot a day or two ago. They can afford to spend $50,000 per day, no problem!
A list of representatives can be found here.
I did. I even got some replies!
The worst aspect of all of this is that the European Parliament voted for significant amendments last fall (effectively banning software patents). Following the vote the proposal was simply retracted and the *original* version is now presented to the European Council, thereby mucking the entire democratic process.
I also wrote to magazines and newspapers, trying to bring their attention to that issue.
I'm also contemplating filing an official complaint with the EU (not because of software patents, but because of the undemocratic way the directive was handled in this inctance). The EU has the *legal* obligation to investigate official complaints.
Although there may be frustration, it's not time to give up, yet.
US Company : Let's patent this in the U.S., so that nobody else operating here can use it without licensing. ... oh, drat, we can't.
:D
:D
EU Company : Let's patent this in the E.U.
US Company : Let's expand to the E.U.
US Company : Oh hot diggity-dang! Will you look at that! Nobody here patented it, 'cos they can't, we won't have any trouble competing on a 'level' playing field!
EU Company ; Let's expand to the U.S.
EU Company : Aww shite. Wtf? We have to license this if we want to operate in the U.S. ?
EU Company : Eh.. wtf ? Some US Company just started business here, and is using our ideas that we couldn't patent!
US Company : Haha. Silly Europeans - either they pony up for a license, or they just don't get to enter the U.S. market. Win/win for us!
So yeah, that's basically what he's smoking.
There's finer nuances to this, but that's the gist of it.