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European Council Approves Software Patents

A. S. Bradbury writes "ZDNet reports that the EU Council has voted to pass changes to European patent law that will allow the patentability of software. See the FFII for more coverage. Currently, the FFII states 'The Irish Presidency's proposal was passed, with support from Germany, France and most of the other countries whose ministers had publicly promised to oppose or at least abstain. The only no vote came from Spain (to be confirmed), Italy and a few others abstained.' As you may remember, Germany had previously promised to vote against software patents. The FFII news page seems to have been showing growing support in European countries for the FFII and other organisations fighting against software patents, but unfortunately that wasn't enough. So, what now? The European elections are approaching, which means MEPs might be more willing to listen to our views than normal. Slashdot has covered software patents in Europe before."

12 of 482 comments (clear)

  1. Audio files and transcripts by benja · · Score: 5, Informative
    .ogg files and transcripts of the decisionmaking process are here.

    I'm disappointed that the German government voted for after initially saying they'd at least abstain -- my understanding is that they could have held up the process if they had at least abstained. :-(

  2. I say we boycott... by Chris_Stankowitz · · Score: 5, Funny
    We should boycott software from Feb. 31st to the Ides of march! if we don't use any software for that day, the EU will......

    What the hell am I talking about?

  3. Re:What do you think? by hcetSJ · · Score: 5, Insightful
    all the thievery of intellectual property, and all the monopolizing tactics of the biggest corporations
    ...is exactly what software patents will be used for.
    --

    This side up.
  4. Finally! by lacrymology.com · · Score: 5, Funny

    My patent papers are in for the following ideas that I invented:

    1) A method for translating program source code into a machine runnable format.

    2) A method for displaying a computer's file system (see earlier patent for details) based on the top of a typical desk.

    3) A number system based solely on the numbers 1 and 0.

    4) A method for having sex with a computer (you know it'll happen one day... and when it does... I'm rolling in the cash)

    -m

    --

    #
    # Modus Ponens
    #
  5. Too late by FunWithHeadlines · · Score: 5, Funny
    "But with all the thievery of intellectual property, and all the monopolizing tactics of the biggest corporations, maybe this is the protection that the individual/small corporate developers need?"

    Too late, I already patented that idea. Pay up!

  6. Passed AGAINST the will of the parliament by gspr · · Score: 5, Insightful

    I may be mistaken, but it is my impression that this was passed against the will of the EU Parliament. Yet another example of how the EU's internal structure can be undemocratic.

  7. As i've just posted in Groklaw minutes ago... by AlfredoLambda · · Score: 5, Interesting
    'Software' patent proposal aproved with Spain's refusal

    Pending a second reading in European Parliament

    Brusselles-- EU Competition Council reached a political agreement about the patentability directive of inventions applied in the field of computer science, with span ish representative voting against it who stated the directive lacked enough guarantees to prevent computer programs being patented.

    The Irish Presidency and the European Comission introduced amendments to satisfy Belgium, Germany, Italy and other countries refusing the proposal. But Spanish Secretary of State for European Affairs, Alberto Navarro, 'after consulting Madrid' decided to keep his negative vote.

    The proposal, which has raised refusal among Free Software advocates, is still pending a second reading in European Parliament

    [...]

    The Spanish Government considers the advantages of the protection given by patentability are not clearly exposed, as computer programs are already protected by copyright law.

  8. Re:What do you think? by benja · · Score: 5, Informative
    The protection that we need is the protection from getting sued if we have an innovative idea and dare to publish the resulting software. Software patents make great weapons against small developers who cannot afford a patent lawsuit.

    Besides, what kind of dorky attitude is it that nobody should be allowed to build on an idea for twenty years?!? Imagine that somebody has had a trivial idea and you get the same idea from elsewhere, and build something much larger on it. Well, you cannot use your ideas for the next twenty years if the first person has patented it.

  9. Re:Think about righteous patents for once by benja · · Score: 5, Insightful
    I think they issue patents for obviously stupid stuff, but that's not really the big problem: who cares if infinite compression is patented, given that we know you cannot do it anyway?

    It's much more of a problem that obvious things are patented -- for example, a LOT of webshop features that you would think obvious have been the subject of patents that have been issued by the European Patent Office.

    The point of the directive, as the EU parliament made it, was to outlaw all software patents. The point of the directive as the council made it (and the ones who actually wrote it are the patent office officials) is to allow all those patents in practice.

  10. I was part of the Dutch FFII delegation by motown · · Score: 5, Informative

    This afternoon, 5 of us officially presented a petition against software patents to Dutch MP's responsible for Economic Affairs.

    We were rather lucky, since one of us had good contacts with one of those MP's, who was sympathetic to us and had considerable influence, resulting in a quick arrangement to hand over the petition. Normally, the procedure would have taken weeks.

    Many MP's were quite interested in our information, and were particularly concerned about the fact that our minister of Economic Affairs, Laurens-Jan Brinkhorst, who was to vote in the EU council on our country's behalf, had apparently misinformed our national parlement.

    They even announced they would be holding an extra debate, probably tomorrow.

    During the day, we were kept informed through our mobile phones. It was nerve wreckening. We kept receiving conflicting reports about wether we would be getting a majority against or not. Near the end, we even heard that the Netherlands would probably have the deciding vote! You can understand that nearly drove us crazy. :)

    Eventually, the news broke...

    And again, mister Bolkestein seems to have played a crucial role on the side of the software patent supporters. :(

    On behalf of all the people in the Netherlands, I would like to apologize to all the people of Europe for mister Bolkestein. He makes me ashamed to be Dutch. :(

    The fight is not over, however! It will be more difficult now, but the European Parlement seems to be really pissed, and most Eastern members that are joining the EU now (and will be part of the parliament after the next elections in June) appear to be opposed against software patents.

    Also, it amazed me how easy it can be to get in touch with influential people, as long as YOU KNOW THE RIGHT PERSONS that have the relevant connections!

    In spite of the defeat, I'm still impressed with the difference we managed to make today. At least more people in our government are informed now. And we won't be giving up the fight! We made a few mistakes the last few days (hey, we were new at this), but we also accomplished a lot and also learned A LOT of lessons.

    I would like to end this post with two pieces of advice:

    1) I'm calling upon ALL European Citizens to VOTE IN THE NEXT EUROPEAN ELECTIONS! Even though there is much wrong in European politics, not using your vote and at least applying that little influence you do would be insanely foolish!

    2) Let's all coordinate our lobbying efforts! If you have even just one or two hours a week available to help out, spend it by contacting certain EP's (preferably try to start a dialogue with one or two specific EP's, so you can concentrate on them and build up more personal relations) and contact FFII to notify them of your efforts and inform them who you are in contact with. There were only five of us, and look how far we have come in only 5 days time!

    Let's get to work! Autumn will be upon us before we know it! And the elections are even less than a month away!

    --
    "Oooh, does that mean we get to kick some puffy white mad zionist butt?"
  11. "open source and anti-globalisation movement" by alexborges · · Score: 5, Insightful

    Thats from the article....

    Now WHO THE FUCK told them they could throw those two cats in the same bag?

    --
    NO SIG
  12. Re:Different laws... by Znork · · Score: 5, Insightful

    Because software patents cover concepts themselves. If it were allowed in literature, youd have patents for 'novel where a person gets murdered', 'novel based partially in historic facts', etc. With the current rate of software patenting it already is pretty much impossible to write any program doing anything without violating several patents.

    Software is already covered by copyright, which protects a certain implementation of something, so the intention of software patents implicitly is to extend beyond the implementation to the very concept of doing or accomplishing something.

    Software, unlike pretty much any other field, becomes twice-covered by both patents and copyright.