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Dutch Parliament Reverses Software Patent Vote

Sanity writes "On May 18th, by a thin majority, the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe. According to an FFII press release, the Dutch Parliament yesterday voted to change its Minister's vote, which was in favor, to an abstension. This is an unprecidented move and a great coup for those fighting against software patents, never before has a country reversed a vote in this manner. While this is not sufficient to reverse the decision of the Council of Ministers, it does pave the way for other countries, many of which were pressured into an affirmative vote, to do the same. Now is the time for citizens of the EU to put pressure on their national governments to follow the Dutch lead."

301 comments

  1. Re:Never trust the Dutch by Atrax · · Score: 1

    > Evil Hollanders!

    That's "Netherlanders", actually ;-)

    --
    Screw you all! I'm off to the pub
  2. Re:Awesome by richdun · · Score: 4, Informative

    It says that the vote of the Council of Ministers was on May 18th, but that the Dutch Parliament's vote to change their minister's vote was yesterday...so it is current news.

  3. Re:Awesome by jodebaer · · Score: 2

    The news is that Holland is now maybe the first country EVER to change it's vote in this procedure.

  4. Re:Never trust the Dutch by pmhudepo · · Score: 4, Informative

    Actually, we are from The Netherlands. And don't forget our tulips. And we lured Andrew S. Tanenbaum to our Vrije Universiteit.

  5. Great News by XeRXeS-TCN · · Score: 4, Insightful

    It's a small step on it's own, but that's really good news :) Hopefully some of the countries who were unsure about it but ultimately pressured into agreement will now start to think twice about their choices, and maybe refuse to accept the motion, or abstain, removing the majority that the motion otherwise has.

    It'd be better if they had outright voted no, but an abstention is still better than a vote in favour.

    1. Re:Great News by Ignignot · · Score: 2, Insightful

      There is a big problem with this vote. It removes the concept of culpability for the minister who was "pressured" into voting. Ultimately how far is such a public figure from a vote of no confidence? When you implicitly say he didn't have a choice and then you go in and change what he did, you're saying he can't do his job right. This is big egg in the face of the minister.

      --
      I submitted this story last night, and it didn't get posted.
    2. Re:Great News by file-exists-p · · Score: 4, Interesting

      It may be a great news, but I wonder what a vote means then. I will not feel secure in the future if the same can happen when some GOOD decisions have been made. Does it mean that at any moment some heavy lobbying can change any vote ?

      I have to admit I understand nothing to the EU system...

      --
      Go Debian!!!

    3. Re:Great News by SillyNickName4me · · Score: 5, Informative

      You are mistaken and ignoring a rather relevant fact.

      The council of ministers IGNORED the explicit vote from the EU parliament in this matter. The minister did a bad job and the Dutch parliament told him so.

    4. Re:Great News by julesh · · Score: 2, Insightful

      You have to remember that the EU can only exist right now because there's a consensus between the states that its better for it to exist than for it not to exist. This means that the system must be designed to allow for this kind of thing, otherwise member states might feel trapped by it, and decide they're better off without it.

    5. Re:Great News by BlueUnderwear · · Score: 1
      Glad to see a story where this is ontopic.

      Note for the non-Luxembourgers: yes, we did have a general election in the meantime, and the guy in the picture's party lost big time, hehe. Our new government is not yet formed, but probability is quite high that this guy won't be butchering any penguins anytime soon!

      --
      Say no to software patents.
    6. Re:Great News by Arend · · Score: 5, Informative
      "Does it mean that at any moment some heavy lobbying can change any vote?"

      It means that something went really wrong. In our case, the Minister said to the Dutch Parliament that there was agreement between the European Parliament and the Council of Ministers, which was absolutely not the case.

      In our communications with politicians, it became clear that they had no idea what was going on. Because of the clear case of misinformation, we were able to get the attention of the Parliament, so we could inform them of the situation.

      What was really important was that we had the European Parliament on our hand.

      What hopefully happens now is that the Dutch decision triggers the attention in the other European Countries, so they start talking to their people in the European Parliament and to local representatives of the FFII and other organisations.

      In case you're interested: read all about our efforts at: osnews.com

    7. Re:Great News by TorKlingberg · · Score: 2, Insightful

      This is possible because the council has not yet formally voted for the directive. The voting was only preliminary, but usually, it is not changed before the formal vote. The formal voting for many issues is conducted at the same time, unless some issue requires seoarate voting. Hopefully, we can get issue voted separately. Also, the directive if not approved before is has passed the European Parliament, and they are a lot more anti-swpat than the council.

    8. Re:Great News by jilles · · Score: 2, Informative

      Legally, the minister has voted on behalf of the dutch government. All actions of the government are ultimately controlled by the dutch parliament. Now, the parliament has decided that the minister should excercise a legal loophole and revoke the the vote.

      Technically the minister can decide not to do this in which case a vote of no confidence may follow (after a debate with the minister on his reasons for not revoking his vote). However, given the political consequences of this scenario, this is unlikely to happen. A vote of no confidence would be rather damaging to all three of the coalition parties (given the recent polls) since it would likely result in new elections and result in a loss of the majority they are currently enjoying.

      Given this context there are two scenarios. Either the parliament will look the other way if the minister ignores them (this will be settled behind closed doors and the opposition will make lots of noise) or the minister will revoke his vote. Given his earlier comments, the minister will favour the first option and will put lots of pressure on the three coalition parties to look the other way.

      The only way to prevent this from happening is media attention. So far this has been pretty much a non issue in the media (few people understand what this debate is about). If this doesn't change, parliament won't work too hard on this issue. On the other hand if there is too much pressure on the minister, the coalition parties will likely back off to prevent a vote of no confidence.

      --

      Jilles
    9. Re:Great News by Anonymous Coward · · Score: 0

      a small step on it's own

      "its".
      No apostrophe.

    10. Re:Great News by Anonymous Coward · · Score: 0

      This is the start of the Bush global crumbling. The Rats are leaving the ship and denying they were ever on it.

  6. Changing votes? by mfh · · Score: 4, Insightful

    If you can change your vote after you see a reaction to it from your financial backers, how is it a vote anymore?

    Vote:

    1. A formal expression of preference for a candidate for office or for a proposed resolution of an issue.

    2. A means by which such a preference is made known, such as a raised hand or a marked ballot.

    --
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    1. Re:Changing votes? by BorgDrone · · Score: 2, Informative

      The vote was changed because the parliament was misinformed about software patents.

    2. Re:Changing votes? by Sanity · · Score: 5, Insightful
      Like most things in the EU, its complicated.

      I think the deal is that they have a "political vote", but the actual binding vote can only take place once the document has been translated into all EU languages. Historically the second vote has been a formality, but the big deal here is that the Dutch have demonstrated that if a Minister has voted against the wishes of their government in the Council, that vote can be changed.

      This is not only good for software patents, but its also a step forward for accountability in the EU.

    3. Re:Changing votes? by random_culchie · · Score: 1

      A change of mind maybe?

    4. Re:Changing votes? by CVD1979 · · Score: 1, Interesting

      I guess that's just politics. But according to the text, it was an informal vote. The actual voting will take place after the text has been translated in 20 languages.

      Yeah, I'm kinda proud to be Dutch :D

      --
      "Want some rye? 'Course you do!" - Return to Zork
    5. Re:Changing votes? by Halo1 · · Score: 3, Informative

      The correct term is "political agreement on a common position of the Council", which indeed still has to be formalised afterwards.

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    6. Re:Changing votes? by shepd · · Score: 1

      Politics is a science (albeit not an exact one), and so, as people become better informed, their opinions, and therefore their votes on matters will change.

      A minister unwilling to change their vote in some manner when they discover they were misinformed on an issue would be practicing religion, not science.

      That's not to say the results of some votes shouldn't normally be binding, however, those that are binding should still be reversible in some manner (ex: passing overriding legislation) if they turn out to be ill decisions. When they aren't, you end up with situations like Canada's (Section 93), where we are required, by locally un-reversible laws, to support religious school systems, despite us now being informed that this is definately not a good idea.

      In this case, it seems prudent just to cancel the ministers vote, rather than start getting reversals passed into law.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:Changing votes? by Anonymous Coward · · Score: 0

      The point is that they made an error that they were unaware of until now. They wanted to vote against it, but through accidental miscommunication it magically turned into a vote for it, as in "we never said that!"

  7. Better link by Halo1 · · Score: 4, Informative

    Please use this link instead, it goes to a static version of the linked page. It would be nice if an editor could update the story itself as well, thanks.

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    1. Re:Better link by Arend · · Score: 5, Informative
      Also see:

      The Inquirer: "A plan by the European Council of Ministers to force the continent wide adoption of the Directive on Software Patents suffered a blow yesterday when the Dutch Parliament ordered a minister to withdraw the country's support".

      Groklaw says "The Dutch parliament is making news. It has just withdrawn its vote for the Directive on Software Patents. It's a proof-of-concept vote, you might say, the first time such a move has been taken in the history of the EU, demonstrating that other countries are free to do the same, as we reported on June 22.".

      In Germany, Heise covers the story. In the Netherlands, the story is making headlines all over the place, lik e for example on webwereld and Tweakers.net.

      This sudden change of direction is a long story, in which a classic case of desinformation of the Parliament triggered a whole process of debates and motions.

  8. Dirty. by Anonymous Coward · · Score: 3, Interesting

    This is a filthy, dirty vote play. Really, it is.

    HOWEVER, it is totally justified.

    If your competitor plays dirty and wins, consistently, the only way you can compete is to be just as dirty, if not more-so.

    The upcoming USA election should be interesting.

    1. Re:Dirty. by AviLazar · · Score: 0

      The upcoming USA election should be interesting.
      Not it won't. It is going to be totally boring, probably more-so then the last one. Very unimpressive, by sub-par candidates

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    2. Re:Dirty. by Halo1 · · Score: 4, Informative

      It's not dirty at all. The Dutch minister misinformed the national parliament before the vote on the political agreement. This came to light, and now he has to bear the consequences. If anyone played dirty here, it's the minister.

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    3. Re:Dirty. by Mr.+Spontaneous · · Score: 1

      gah, if only the US was like this... we could have voted to change the vote of a member of the electoral college to one in favor of Gore...

      --
      Its all fun and games until someone loses an eye... then its just fun.
    4. Re:Dirty. by Jah-Wren+Ryel · · Score: 1

      The Dutch minister misinformed the national parliament before the vote on the political agreement. This came to light, and now he has to bear the consequences.

      That's not a problem, he's probably got a cushy golf-playing job already lined up at Microsoft or another similiarly nefarious organization, just waiting for him to take it whenever he feels like retiring from politics to, "spend more time with his family."

      --
      When information is power, privacy is freedom.
    5. Re:Dirty. by Anonymous Coward · · Score: 0

      Only in America can telling the truth be considered a filthy, dirty vote play. Really, it is.

  9. Ow! the pain! by Wylfing · · Score: 5, Funny
    the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe

    So they were for being against opposing patents. This is your brain on drugs.

    --
    Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    1. Re:Ow! the pain! by birdwax2k · · Score: 0

      So it sounds like they are voting against trying to keep software patents out of Europe. We want software patents in EU? So they want to keep software patents in EU? wtf...who wrote this?

      Obviously we want no software problems, just look at all of the problems they have created in America...

    2. Re:Ow! the pain! by sohp · · Score: 1

      There's a mistake in the number of negations somewhere, too. As near as my pre-coffee brain can puzzle out, it says the Ministers just voted for software patents. But that's wrong. I hated it when I missed a question on a math test because of an error in sign!

    3. Re:Ow! the pain! by Anonymous Coward · · Score: 0

      the European Council of Ministers and the European Parliament are two separate groups, which voted differently.

    4. Re:Ow! the pain! by maximilln · · Score: 3, Interesting

      So they were for being against opposing patents. This is your brain on drugs

      Agreed. If it weren't for the context my initial reading was to think that corporations had gotten the better of politics. Perhaps it should read: "the European Council of Ministers, to keep software patents out of Europe, voted in favor of throwing out the European Parliament's efforts".

      The issue is the prepositional phrase "to keep software patents out of Europe". Is it serving as an adjective or an adverb? Does it modify "efforts", meaning the European Parliament had been striving to keep software patents out of Europe, or does it modify "voted", meaning the action of voting served to keep software patents out of Europe? The meaning of the prepositional phrase, in its published position, does not become apparent without the context around it.

      --
      +++ATHZ 99:5:80
    5. Re:Ow! the pain! by Anonymous Coward · · Score: 0

      Do you not oppose the proposed legislation prohibiting the restriction of further legislation that outlaws software patents? Or are you not on the side that opposes the restriction against outlawing legislation that prohibits the opposition of software patents?

  10. From the /. posting you'd never know... by radoni · · Score: 0, Redundant

    ...if this was a good thing (get rid of software patents we don't want them) or a bad thing (yay software patents let's go crazy).

    i did not rtfa i'm just commenting on the /. post.

    --
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    1. Re:From the /. posting you'd never know... by geoffspear · · Score: 0, Offtopic

      If you want your news source to tell you what to think about a story, watch Fox News. Some of us prefer the facts without having an editorial opinion attached to the story.

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    2. Re:From the /. posting you'd never know... by AviLazar · · Score: 1

      Then why did you read the associated article? The only way to get the real facts is to be there and witness it, otherwise, you are reading/listening to someones take on the story - and that could be maligned in many ways (be it purely accidental or on purpose).

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    3. Re:From the /. posting you'd never know... by geoffspear · · Score: 1

      I prefer to get my information from several different sources, all of which I judge to be relatively less biased, and then form my own opinion. If a story about legislation reports on what the legislation is and then says "this legislation is bad", I won't trust that source anymore, unless it's clearly labelled as an editorial comment. The grandparent poster complained that he's not being told what to think, which is just stupid.

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    4. Re:From the /. posting you'd never know... by AviLazar · · Score: 1

      I envy you having the time to read up on multiple articles for the same topic. I usually try and read between the lines, but do not have the time to read two+ articles for one story :(

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    5. Re:From the /. posting you'd never know... by geoffspear · · Score: 1

      Well, without Google News it would be a pain, but they do a really good job or presenting a ton of articles from different sources all over the world grouped together well.

      --
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  11. Software patents are evil anyways. by arieswind · · Score: 2, Insightful

    Hopefully more countries will follow the Dutch lead, and loosen the grasp of proprietary software in Europe, leading to more competition in the market, and ultimately Microsoft's downfall *evil grin*

  12. May be of little use by pigpilot · · Score: 5, Insightful

    If they had changed their vote to a negative instead of just abstaining then it might have some influence, but the Dutch chose to act as if their man wasn't at the vote.

    This won't make any difference the UK vote on patents although the Eurosceptics might enjoy the idea of putting a spanner in the works of the commision on other issues.

    1. Re:May be of little use by CVD1979 · · Score: 4, Informative

      Read the article, it'll probably make a difference (at least the FFII seems to think so). Besides, it still can become a 'negative'. The parliament choose for abstaining, since they were misinformed by the Minister and needed more time to read through the text. Although I'm not aware if the vote from yesterday will now be final, or is a preliminary vote. I'll get back to you on that...

      --
      "Want some rye? 'Course you do!" - Return to Zork
    2. Re:May be of little use by BlueUnderwear · · Score: 4, Informative
      In the Council, a negative vote and an abstention count the same. Indeed, only yes votes are counted; and both an abstention and a negative are a missing yes.

      The difference is mostly psychological/politcal.

      --
      Say no to software patents.
    3. Re:May be of little use by MartinG · · Score: 1

      It could do. Now is the time to write to your MP again reminding her/him of what you said before. (you did write before, right?)

      Explain that it is now becoming clearer than ever that software patents will be damaging and that the pro-patent lobby has failed to mis-lead governments in the way it wished to.

      Make it clear that govermnents are starting to realise this, starting with the Dutch, and ask your MP to urge your government to do the same.

      --
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  13. Its a dangerous precedent by Timesprout · · Score: 2, Insightful

    Topic of this vote aside how is Europe supposed to get anywhere if a country votes one way and then a couple of months later changes its decision? They had time enough to make up their minds. Decisons this will only undermine political credibility in Europe.

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    1. Re:Its a dangerous precedent by Sique · · Score: 4, Informative

      It was the Minister, who voted in favour of software patents. The Parliament told him: You voted wrongly. Two different things.

      --
      .sig: Sique *sigh*
    2. Re:Its a dangerous precedent by radja · · Score: 1

      they had time, but the first decision turned out to be based on false information, delivered by minister Brinkhorst. it was decided to look at the case again, based on correct information

      --

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    3. Re:Its a dangerous precedent by ObsessiveMathsFreak · · Score: 4, Interesting

      The only reason that the vote was passed in the first place was because the then European presidency in Ireland was being sponsered by Microsoft.

      And people are attempting to change these rules, for just the reasons that this debaukle has highlighted, regarding both the reversal of the parliments decisions by the council and the reversal of the dutch vote.

      --
      May the Maths Be with you!
    4. Re:Its a dangerous precedent by Anonymous Coward · · Score: 5, Informative

      The decision to originally vote for the software patents directive was based on incorrect information. When this was clear they changed their mind.

      ffii

      "The European Parliament's version asserted that patents would only be allowed for industrial inventions (e.g. washing machines) and would not be made possible for pure software. All these adaptations were removed in the Council of Ministers' controversial version.

      Earlier, Brinkhorst described the Council proposal to the Dutch Parliament as a compromise with the EP. In recent legislative debates, Van Gennip was forced to admit that this was incorrect information, and attributed it to "an error in the word processor." "

      -doh!

    5. Re:Its a dangerous precedent by dvoosten · · Score: 3, Informative

      I think you don't understand the political process in Europe. When the European "government" makes a rule, this means all European countries have to implement laws that take this rule into account. This is why governments can change their opinions, when the national governments decide that this rule is not consistent with the rest of the laws.

      I agree that this is a lengthy process, but since Europe is trying the harmonize the legislation of a lot of countries, hickups like these are to be expected, and it is in fact frightening that it does not happen more often. There is, for instance, a sort of European arrest warant, as a consequence of which any european country is required to arrest and handover a citizen if this person is to appear in a court of a different country. Given Amnesty Int.'s recent negative report on criminal prosecution in many European countries, this might not have been such a good idea.

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    6. Re:Its a dangerous precedent by Timesprout · · Score: 1

      So what you are saying is that the plenipotentiary of the Netherlands Government votes on major issues either without consulting his government or by ignoring them. This might be slightly different but its still unacceptable political farce.

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    7. Re:Its a dangerous precedent by Halo1 · · Score: 5, Informative
      Actually, it's worse: the Dutch minister told the Parliament before the vote that there was a compromise between the European Parliament and the Council, so that it would simply be a formalisation. After the vote it came to light the minister had lied (explained as "an error in the word processor" by his State Secretary), so the Parliament asked the minister to retract his vote (because if they had known the truth beforehand, they would have been against voting in favour as well).

      Note however that the vote was on "a political agreement on a common position of the Council", and that until this political agreement is formalised, no official vote has taken place yet. Of course, it's very much "not done" to change your stance after a political agreement has been reached, but there are no juridical hurdles which prevent you from doing that.

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    8. Re:Its a dangerous precedent by AviLazar · · Score: 2, Insightful

      God forbid someone re-evaluating their decision and changing their vote. What is wrong with this? They generally have a time-frame. So the minister made a vote, the other politicians that he represents didn't like his choice, and told him to do otherwise.
      I would rather have our politicians have the ability to change their vote, then to force them to stick with a vote that could be a mistake.
      Imagine this - a politician votes today on passing a law - tomorrow it dawns on him that the law is TERRIBLE...wouldn't it be a shame if he couldn't go back and change his vote for the better? Maybe I am just optimistic...

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    9. Re:Its a dangerous precedent by AviLazar · · Score: 1

      unless he just misunderstood their wishes. There are so many things discussed, conveyed, requested and demanded - mistakes happen. It's OK - as long as it can be corrected and nobody was hurt - no big deal.

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    10. Re:Its a dangerous precedent by Anonymous Coward · · Score: 1, Insightful

      So what you are saying is that the plenipotentiary of the Netherlands Government votes on major issues either without consulting his government or by ignoring them.

      Actually he purposly mislead them. He lied.

      This might be slightly different but its still unacceptable political farce.

      You're right, and the minister should be kicked out of office.

    11. Re:Its a dangerous precedent by Sanity · · Score: 1, Informative
      it's very much "not done" to change your stance after a political agreement has been reached, but there are no juridical hurdles which prevent you from doing that.
      Given the underhanded tactics? used to get this passed in the first place, I think the actions of the Dutch are more than justified.
    12. Re:Its a dangerous precedent by Bazzargh · · Score: 1

      EU-wide elections took place quite recently. The original vote was before the elections, this decision is after. The (usual) mid-term swing against the governing party in pretty much all EU countries was bound to have some political fallout.

      A similar thing could happen in the states; a bill passed by Congress could be passed to an outgoing president, who leaves it to the incoming president to sign up... the incoming president can then still veto the bill.

      Its unlikely in the US system, as a bill becomes law after 10 days if the president doesn't sign it, or is stopped by the 'pocket veto' if Congress adjourns during those 10 days - but I'd guess Lyndon Johnson was left with unsigned bills by JFK.

      -Baz

    13. Re:Its a dangerous precedent by Anonymous Coward · · Score: 0

      Actually the fact that the patents bill went through was in direct conflict with what the parliament elected by the Europeans had decided. Furthermore the bill went through supposedly because the Danes in the Ministerial Council voted in favour of the bill. Remember the peoples representatives voted No and the Governments representatives voted yes. Take into account the ties between a certain Redmont company and the fair island called Ireland which by coincidence held the chairmanship at the time of the vote it kinda makes you think how the will of the people was overthrown by the upstairs people...

    14. Re:Its a dangerous precedent by John+Betonschaar · · Score: 1

      In the Netherlands we have this thing called a parliament. They monitor and control the administration to make sure no decisions are pushed through that are against what the voters (ie: the Dutch people, not some EC Ministers that are not chosen but assigned) expressed they want to see done.

      This is called democracy, some other 'democratic' nations might actually learn something from it...

    15. Re:Its a dangerous precedent by Yaa+101 · · Score: 1

      Nah, the current members of the Europeean comission don't need help to undermine credibility.
      They are doing a fine job at that themselfs.

    16. Re:Its a dangerous precedent by Anonymous Coward · · Score: 0

      Topic of this vote aside how is Europe supposed to get anywhere if a country votes one way and then a couple of months later changes its decision?

      Yes, but is that worse or better then having a minister vote along with a law that isn`t supported by the european pairlement and then "lying"* about it to the national pairlement?

      *read: "misinforming" in a "all is right citizen, our laywers didn`t see the problems your analysis pointed out, and I dont know where you got your crackpot microsoft conspiracy theory we are concearned with your small business/medium business/something else (circle what is applicable) and wish to come and kiss babies in the near future somewhere near you" letter.

    17. Re:Its a dangerous precedent by vidarh · · Score: 5, Informative
      EU is not a country. As a result the legislative process is complex because it needs to take into account the fact that no member state can be forced to accept a law, and so to make it palatable for the member states to accept EU law even when it is not in their national interest the process has a lot of extra checks and balances (I'm sure I've messed up parts of this description...):

      Typically the EU commission (the commission is the closest thing to a EU cabinet) will propose a new law. The proposal will be considered by the EU Parliament (elected by popular vote), which will issue an opinion. In this specific case the Parliaments opinion included a wide number of changes to prevent software patents.

      After the parliament decides on their opinion, the Council of Ministers (ministers of the governments of the member states) vote. In this case the council decided to disregard parliaments opinion and their changes.

      However, since it is usually impractical to make official translations to all the official languages, the council needs to vote again on the officially sanctioned translated texts. Only this vote is binding. This is what gave the Dutch a chance to force their minister to change the vote.

      Once the Council has voted, the law goes to the EU Parliament for a second reading. If the Parliament approves the legislation or does nothing, the law goes to the Council which can then approve the law by qualified majority. Once so approved, it is the duty of the member states to change their national laws to be consistent with the EU law where needed.

      If the parliament REJECTS the law with absolute majority, the council can still adopt the law, but only with unanimity. So if the parliament rejects this law with absolute majority on the second reading it's dead.

      If the parliament amends the law with absolute majority, the changes go to the commission. If the commission accepts the changes, the council is authorised to approve the law with a qualified majority. If the commission rejects the changes, the council can only approve the law with unaminity.

      In this case the commission is likely to reject any significant changes suggested by the parliament on the second reading, since it wanted the law in the first place.

      So it's not as if this change would have automatically become law if the Dutch hadn't changed their mind - it was only about halfway through the process.

    18. Re:Its a dangerous precedent by mmclar · · Score: 0, Offtopic
      After the vote it came to light the minister had lied (explained as "an error in the word processor" by his State Secretary)

      Was this word processor Microsoft Word, by any chance?

    19. Re:Its a dangerous precedent by CDR-80 · · Score: 1

      Mmm, if his word processor makes these kinds of errors, it's most likely patented...

    20. Re:Its a dangerous precedent by flagboy · · Score: 1

      It's not a good idea in general, but in this specific case it is. The minister voted without consulting Parliament and in doing so misled Parliament.

  14. opportunity lost by jdkane · · Score: 3, Funny

    Darn, I wanted to be the first one in Holland to patent the grouped task bar buttons.

    1. Re:opportunity lost by Paul+Jakma · · Score: 1

      FWIW, The country is not called Holland, it is called the Netherlands. Holland refers to a region within the Netherlands (the region of the provinces of North and South Holland). The electronics giant Philips is not based in Holland (they're in Eindhoven, Noord Brabant), the dutch TT grand prix race at Assen is not held in Holland (despite what Mr P5NIS and friend commentating on the BBC might think: "We're here at Assen in Holland"), Assen is in Drenthe, etc. The dutch beer Grolsch is not from Holland, it's brewed in Enschede, Overijssel and Groenlo in Gelderland. Heineken is made in North Brabant as well as in (south) Holland. etc.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    2. Re:opportunity lost by johannesg · · Score: 1
      Do you honestly think anyone cares? In other countries they think of the Netherlands as Holland. Only people from the province seem to experience this fetishistic need to say they live somewhere else. Its rather pathetic, really.

      Oh, and Philips moved to Amsterdam years ago...

    3. Re:opportunity lost by greenrd · · Score: 1
      It's just wrong. It's like saying Cardiff is in England.

    4. Re:opportunity lost by Paul+Jakma · · Score: 1

      Do you honestly think anyone cares?

      Well, I do, but i've had the point drummed into me by my father (a Hollander btw, as am I by birth) who had it drummed into him by his uncle (not a Hollander ;) ). It's not a matter of caring, it's of ignorance that needs to be corrected. Referring to the the Netherlands as Holland, and hence leading to things like hearing "We're here at Assen in Holland" is akin to saying "We're here at {Cardiff, Glasgow, Belfast,etc} in England". It's incorrect and it's ignorant and there are some outside of Holland who would be insulted by it.

      In other countries they think of the Netherlands as Holland.

      They didn't though, the dutch created the misconception. Particularly from 60s on, when international tourism started to grow, and tourists would arrive in Rotterdam or Schiphol and be welcomed to Holland by posters, etc. The dutch themselves obviously know the difference but never bothered explaining it to the foreigners, and hence allowed the usage to gradually become corrupted.

      Only people from the province seem to experience this fetishistic need to say they live somewhere else.

      It's a matter of misrepresentation. It's incorrect to use the term "Holland" to refer to the state, especially if talking to a non-dutch person who doesn't know the difference.

      Its rather pathetic, really.

      Ignorance can be more pathetic.

      Oh, and Philips moved to Amsterdam years ago...

      Their pride-and-joy, and huge, Philips Research R&D facilities are in Eindhoven. Head office is now in Amsterdam (but who cares where the PHBs are located ;) ).

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  15. Speaking as an American... by halivar · · Score: 5, Insightful

    Please learn from our mistakes. Don't let stealth legislation ramrod you into 1984. It starts with patents and ends with your freedom. Don't let this opportunity slip by.

    If you're a democracy, then you're a constituent, and your opinion matters, as long as it's heard. E-mail works good, but snail mail works better. Better than all of that, however, is a phone call.

    1. Re:Speaking as an American... by nkh · · Score: 2, Funny

      E-mail could work if politicals had computers (and knew how to use it). Snail could work if it was not thrown in the trash bin (don't you ever hope that someone important will read your mails). Phone call? you must have a phone number for that.
      It's really different from the USA, where you can write your congressman as easily as buying food.

    2. Re:Speaking as an American... by Anonymous Coward · · Score: 0

      If you're a democracy, then you're a constituent, and your opinion matters, as long as it's heard. E-mail works good, but snail mail works better. Better than all of that, however, is a phone call.

      Unless of course you're in the UK with President "I'll pretend to listen but then I'll do what I want any way" Blair.

    3. Re:Speaking as an American... by Ignignot · · Score: 1

      That is exactly what a president is for. To make choices that the public would dislike in the short term or dither about(mostly the later, of course). It is a representative democracy. I'm not saying that later on the UK will be happy with some of the things that Blair did. If you aren't happy later then he didn't do his job well. However, you can't complain about them not listening. They don't have to, as long as they don't care about being re-elected.

      --
      I submitted this story last night, and it didn't get posted.
    4. Re:Speaking as an American... by halivar · · Score: 1

      Because really, software patents are the mechanism by which governments crack down on their citizens. Absolutely.

      No, but it sets a broad ranging precedent. You fail to see the big picture.

      Oh and the European legislation certainly is stealthy, except for it being widely covered in news stories, well, kind of like this one. So you're spot on once again.

      Really? Care to take a short walk outside (assuming you're Euro) and ask some people on the street what they think of software patents? Widely covered, indeed.

      And ALL software patents are evil. Not just the stupid ones, but the ones in which actual non-obvious invention is ocurring.

      "Grouped taskbar icons" is not anymore an invention than the unique shade of pink Crayola uses for its "mauvelous" crayon.

      Slashdot groupthink gives you +5 Insightful!

      Godzilla shows up, pretty much everyone gets concerned, and you call that "groupthink." It's no wonder you protected your karma with the AC post.

    5. Re:Speaking as an American... by azaris · · Score: 1

      It starts with patents and ends with your freedom.

      That's not quite right. Actually it's:

      1. Patents
      2. ???
      3. Your freedom
      4. Profit!

    6. Re:Speaking as an American... by Arend · · Score: 1

      A visit to your local MP followed by the offering of a petition signed by over 340.000 people at the right moment at the right place works even better ;)

    7. Re:Speaking as an American... by 12357bd · · Score: 1

      They don't have to, as long as they don't care about being re-elected.

      Sad, but true......, but still even on representative democracies it should hold what a philosopher said:
      "Democracy is something more than to elect a dictator every few years."

      --
      What's in a sig?
    8. Re:Speaking as an American... by SillyNickName4me · · Score: 1

      emailing the Dutch prime minister about a political issue earlier this year got me an email reply the next day detailing how my question was going to be handled, and after about a month I got a letter with a very detailed answer. My discussion is still running, but I get sick of people suggesting that there is no way to reach Dutch politicians when they obviously never tried. This specific case is just another example of that.

      I also bet this is not unique for the Netherlands.

    9. Re:Speaking as an American... by Anonymous Coward · · Score: 0

      You may be right, but calling him "President" Blair is (in the UK at least) an insult (insult probably isn't quite the right word, "pejorative" would be better but then it sounds like I swallowed a dictionary).

      A response that justifies him in terms of what a "president" should be doing is sort of amusing in a decidedly anti-Blair way.

  16. I thought software patents were bad? by tigershark97 · · Score: 1

    voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe voted to throw out the efforts to keep software patents out? so, now the efforts to keep software patents out have been thrown out, software patents have no resistance? this is good?

    1. Re:I thought software patents were bad? by ESD · · Score: 1

      Yes, the /. post is a bit hard to understand. What you say is right, but NL did not do this, the council of Ministers (European executive branch) did, against the will of the European Parliament. Unfortunately the European Parliament has hardly anything to say in Europe, at least not until there is a decent European constitution.

      The next sentence says what NL did: they revoked their vote on the council of Ministers, thereby weakening the decision and perhaps even paving the way for a reversal of the decision, if enough other countries follow.

      Gtnx
      Marcel

  17. I don't get it... by Gaima · · Score: 1

    voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe

    They've voted in favour (u!) of *throwing out* the effort to *keep software patents out* ?
    So they want software patents now?

    1. Re:I don't get it... by Halo1 · · Score: 1
      The European Parliament voted against software patents. The Council simply disregarded all research taken into account by the EP (some of which was even ordered by the Commission), and went for unlimited software patents (without justifications, except generalisations like "patents are important for innovation", without backing up those statements with economical research). This was supported by the Dutch minister Brinkhorst, who represented the Netherlands at the Council.

      Now, the Dutch parliament has told the minister to retract his support, because he misinformed the Parliament before the vote (he told them there was a compromise between the EP and the Council, while their positions are completely contrary).

      --
      Donate free food here
    2. Re:I don't get it... by Anonymous Coward · · Score: 0

      These things are just too complicated :(

      There are different groups that work with the law.

      European Parliament are the people that we vote in and they worked with the law and added some statements that software itself wasn't patentable. They can also fight that this law will eventually be thrown out. Parliament can't make new laws by itself but there are other groups that actually present them first. MEPs (Members of European Parliament) just work with the actual text.

      Then there is this other group (European Council of Ministers) that voted to disregard the work that European Parliament has done and to use original text (before it went to Parliament) and therefore to make software patentable in EU.

      Now Dutch are changing their vote (in Council of Ministers). Perhaps this means that there will not be software patents .. or perhaps there will in some other form. Who knows..

      Btw. even most MEPs don't actually even know what they can and can't do.

  18. uhh by beattie · · Score: 1

    Uhh, voting in favor of throwing out legislation to keep patents out of europe is the same as voting in favor of keeping legislation to keep software patents in europe. This is what we dont want, right? Stupid double negatives.

    1. Re:uhh by AviLazar · · Score: 1

      You know, I have to break out my discrete math books to try and decipher this thing.
      Ok so parliament WANTS software patents?
      Netherlands does NOT want software patents?
      Netherland minister voted in FAVOR of software patents?
      Netherland gov't smacked the Netherland minister and said RETRACT your vote?
      I don't consider myself to be the smartest person in the world, but I am not dumb either - it just took me about 15 posts to realize who was voting which way - damn gov'ts and their trickery. I hate double negatives.

      --

      I mod down so you can mod up. Your welcome.
    2. Re:uhh by Alsee · · Score: 1

      Helpful score card:
      European Council, the US government, a handful of large corps, and the European Patent office are pro-SW-patents. Pretty much everyone else is opposed.

      The EU patent office (EPO) has been issuing SW patents arguably in direct violation of the Europeant Patent Convention (EPC). The EPC explicitly forbids patents on:
      discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; presentations of information.
      However the next clause says that patents are only prohibited on those things "as such". The pro-SW-pat argument is that a patent on executing software is not a patent on software "as such", in effect claiming that clause of the EPC is and always was entirely meaningless.

      The EPO has issued about 30,000 such patents. Those those patents have rarely gone before any court, but when they do they are often thrown out as invalidly granted.

      The European Council introduced a patent directive merely to "clarify and codify existing practice", supposedly "to limit and restrict the patentability of software" and to "avoid the broken US system". What the directive in fact was written to do was to "clairfy" that those software patents were not illegally granted, and to specificlly legalize software patents rather than to restrict them. In effect instituting a US system in Europe. So the only truth to thier claims is that they were codifing existing practices - practices which often got tossed out as illegal.

      So this directive goes to the European Parliment who were pretty much all set to pass it. However once debate began it became obvious that there was large oppsition from programmers and from small and medium sized businesses and that the directive was hardly maintaining the status-quo.

      It turns out that one UK patent office call for public comment that supposedly showed majority support of SW-patents had actually found 94% opposition. They had reported finding an "economic majority" in support of SW patents. Riiight, 6% magically becomes majority support when it includes Microsoft and IBM.

      The European Parliment was so persuaded by SW-patent opposition and revelation of missleading information coming from the pro-SW-patent side that the Parliment completely reversed the text of the directive. They "clarified" that the EPC does in fact forbid software patents and that any such patents issued by the EPO are indeed invalid. In particular they wrote that:
      "technical field" means an industrial application domain requiring the use of controllable forces of nature to achieve predictable results. "Technical" means "belonging to a technical field". The use of forces of nature to control physical effects beyond the digital representation of information belongs to a technical domain. The production, handling, processing, distribution and presentation of information do not belong to a technical field, even when technical devices are employed for such purposes.

      So the Parliment is strongly anti-SW-pat.

      This amended version went back to the European Council. The Council simply tossed aside every amendment from Parliment and proceeded to add amendments making it radically pro-SW-pat, to the extent of eviscerating the interoperability clausee and effectively making it patent infringment to publish the patent itself. They then proceeded to label this version a "compromise".

      Now we come to the Netherland minister. He reported home that the Council version was a compromise with general Parliment consensus, that voting for it was pretty much a formality. I'm not clear on a general Netherland-government position on SW-patents, but they were quite outraged to learn their minister's report was a direct lie. The minister's explanation was that the false report was a "word processor error", LOL. They were not amused.

      Since then the Parliment has remained anti-SW-pat, but the

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  19. holy triple negatives batman by scrytch · · Score: 4, Funny

    The Dutch parliament moved against (well, abstained) the vote against the motion against software patents in europe?

    Oh that was clear.

    --
    I've finally had it: until slashdot gets article moderation, I am not coming back.
    1. Re:holy triple negatives batman by Vexler · · Score: 0, Offtopic

      Actually, in the Greek language a double negative is not a sign of incorrect grammar or even "street Greek": It turns the statement into an emphatic negative.

  20. In other news... by artemis67 · · Score: 4, Funny

    Microsoft has purchased the Netherlands and has patented throwing out software patents.

  21. Seriously... by GillBates0 · · Score: 4, Insightful
    When I envision a high-tech future of mankind and earth, the thought of mega-rich, profiteering, monopolisitic corporations never enters my mind.

    If we survive long enough to make the floating cities and flying cars a reality, it will be because inventors, software developers and corporations were open-minded and generous enough to give away their inventions/creations for the benefit of everybody, albeit in exchange of a reasonable amount of compensation, but above all the satisfaction of having done something good for the betterment of others.

    The current trend seems to be headed in a completely opposite direction - profit (hate that word now) seems to be the only motivating factor (if not for individuals, atleast for the corporations binding creative humans by heavy handed employment contracts/etc) for any development we're seeing at all.

    It's about time we got over this short-sightedness and moved towards a society which is not encumbered by flimsy lawsuits, overstepping patents, profit mindedness, or constant fear of the former two. Information should be free.

    /end rant

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:Seriously... by Austerity+Empowers · · Score: 1

      All I know is my own situation, but I suspect it's common:

      -> I get a great idea for something the world needs

      -> I need to prototype it, but have grossly insufficient funds

      -> I seek people with money who are willing to loan me some $$$ if I pay them back more than they gave me

      -> Now I must build the device on the capital given to me, and figure out how to make more $$$ from it than I put in to it, to pay off my loan AND continue to eat for the next 2 years.

      -> I have 2 choices, prototype and sell my invention itself (actually the "IP" behind it), or go in to business as an equipment maker. If I do the former, I can sell the invention and pay off my debts, some other company then makes the $$$ from it. If I do the latter, then I will require even MORE investment, and require even MORE profits to stay afloat.

      Enter profit, aka "no good deed goes unpunished".

      There is a big gap in the universe between the people with good ideas, and the people with money. Maybe the right thing to do is prohibit companies from owning patents.

    2. Re:Seriously... by Ignignot · · Score: 1

      The quest for profit is ultimately a quest for more efficient markets. That means that as people try to get more money they are (in the long run) making things better for other people. There are exceptions of course, which is where government legislation comes in. But don't ignore how much greedy people can improve your life given the right market. Take for instance commodity exchanges. Every day people work there trying to put more dollars in their pockets. But they are only rewarded for making the market more efficient - for example, keeping the price of oil steadier. Ultimately this benefits you. When Honda comes out with a new engine that gets 10 more mpg and costs the same as a regular engine, they are trying to get money. Ultimately this benifits you - even if you don't buy their car. So don't hate the concept of profit. Don't hate anything. Our world is a continuing, imperfect, improving system. Try to fix it and you'll get paid.

      --
      I submitted this story last night, and it didn't get posted.
    3. Re:Seriously... by AviLazar · · Score: 1

      software developers and corporations were open-minded and generous enough to give away their inventions/creations for the benefit of everybody,
      In all honesty, the only way this will work is in a community where everyone is given an equal quality of living, and everyone contributes. This assumes two things:
      1) People are not greedy and want more then everyone else (i.e. you have $10.00 I want $30.00) 2) Everyone contributes (i.e. we are not lazy, and by our very atomic nature, let alone human nature, we all desire to be lazy).

      While I would love to be a part of this society, it only works in Star Trek (and barely at that).

      In reality, you cannot expect some company that spent millions of dollars in R&D to give the stuff away for free. They have families to support, goals to reach, etc...
      In other words, put it in this perspective. Would you go to work everyday and not get paid for it? Unless your answer to that is "Yes" then you cannot expect someone else to do the same (unless you are an idiot, and I do not think you are).

      --

      I mod down so you can mod up. Your welcome.
    4. Re:Seriously... by Dutch_Cap · · Score: 2, Insightful

      "The quest for profit is ultimately a quest for more efficient markets."

      The error in your reasoning is that you assume efficiency always benefits everyone. Working for lower wages is more efficient, but not beneficial for a lot of people. Microsoft abusing it's monopoly is not beneficial to most people. Making cars that breaks down quicker sells more cars, but is not beneficial for most people.

      A free market works relatively well, but please don't pretend that it's perfect.

    5. Re:Seriously... by Anonymous Coward · · Score: 0

      "If pigs had wings, they could fly. Pigs should be able to fly! And everyone should plant flowers and own a puppy, too!"

    6. Re:Seriously... by Saeger · · Score: 1
      Exactly. The economy is not a person.

      When you hear "the economy is doing great!", especially these days, that doesn't necessarily mean that PEOPLE as a whole are better off, it means corporations are disproportionately concentrating wealth at the highest rate in recent history.

      Our increasingly efficient, insanely productive economy doesn't NEED that many human jobs anymore, but our society is still structured in such a way that humans still need jobs to justify their share of scarce resources.

      --

      --
      Power to the Peaceful
    7. Re:Seriously... by jsebrech · · Score: 1

      The error in your reasoning is that you assume efficiency always benefits everyone. Working for lower wages is more efficient, but not beneficial for a lot of people.

      But in a free job market, jobs will balance out at a point that is acceptable to both sides, employers and employees.

      Microsoft abusing it's monopoly is not beneficial to most people.

      And their monopoly was handed to them in the form of copyrights and patents by the us government, and is being continued to exist by the government by giving them a get out of jail free card in the anti-trust case.

      Making cars that breaks down quicker sells more cars, but is not beneficial for most people.

      And if people are aware some company makes shoddier cars than other companies for the same price, they won't buy those cars.

      A free market works relatively well, but please don't pretend that it's perfect.

      The problem is not that a free market is somehow inadequate, it's that a market is never free, and over time becomes less free. Government has to step in to make sure that all the market players are aware of the full cost of everything, and that the barrier to entry for the market stays low. If government had done its job with respect to microsoft then the anti-trust legislation would have forced microsoft to behave. It's when legislators claim the market should be free that it loses its freedom and becomes a bad thing for the people.

  22. Abstention? by VapourFloppy · · Score: 2, Insightful

    OK, so they're voting "yes" any more, but they're hardly fighting back. What help is an abstention? Surely what we really want are "no" votes? Maybe it was just too much to do a *complete* turnaround...

    --
    -- "There's no explaining the things that might happen; there's now a new home for technology in fashion."
    1. Re:Abstention? by radja · · Score: 2, Informative

      there were 2 motions. the motion to abstain (by PvdA, dutch labour party) made it, the motion to completely reverse the decision (done by SP, the socialist party) was turned down.

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    2. Re:Abstention? by Halo1 · · Score: 3, Interesting
      OK, so they're voting "yes" any more, but they're hardly fighting back. What help is an abstention?
      It's a very strong political signal (because it's normally "not done" to change your vote between the political agreement on a common position and the adoption of the common position). And the directive needs a qualified majority in the Council, which means that an abstention has the same effect as a no-vote.

      We still need more no-votes to break the qualified majority, but thanks to this victory, getting those votes now is actually realistic.

      --
      Donate free food here
    3. Re:Abstention? by bill_of_wrongs · · Score: 1

      In this case an abstention is almost as good since the only things that mattered was the number of "yes" votes. Unfortunately the retraction of the Dutch "yes" vote is not enough, a few more are still needed.

  23. Welcome to the EU by Sanity · · Score: 0
    So they were for being against opposing patents. This is your brain on drugs.
    The EU's politicians have come up with a great way to prevent those pesky voters from interfering with their important work; they the whole system by which laws are passed so damn complicated that nobody but them has the time to understand it.

    Our only option is to get into their warped way of thinking, and what better way to start than by using their language in /. stories! ;-)

    1. Re:Welcome to the EU by Anonymous Coward · · Score: 0

      The OP was commenting on the way it was written, not what it said.

    2. Re:Welcome to the EU by Sanity · · Score: 1
      The OP was commenting on the way it was written, not what it said.
      So was I
  24. The story: by Anonymous Coward · · Score: 5, Informative

    Our dutch political groups were (alomst) all oposed to the law.
    The person who was going to vote is the leading person of one of our political groups (that group was oposed to the new law even more than most others)
    He decided to vote in favor if the proposal would be changed to be a much nicer law.
    The proposal was changed to some extend, but not as far as what he descussed and promised to the rest of his group and the other groups.
    He voted in favor of the law, and everyone was stunned!
    Things started to rumble as his own party was starting to ask questions.
    A dutch digital freedom organisation made a propsition to the different party's to change the vote.
    The voter replied that he would not change his vote as that could be harmfull to his party and carreer.
    And now all of sudden, probably after more talking and lobying he did change, (or someone else made him)

    1. Re:The story: by rasz · · Score: 1

      Sounds like the same as happened with Polish vote. "We" were going to vote against if the proposal wasnt changed, it was "customized" and BAM.. a vote for the patents .. what a MORON. The funniest thing was that Poland had a plan to vote the same way as Germany .. now thats really democratic, to vote as your neighbour, not as your own people want you to :/

      All in all those politics are bastards, almost as corrupted and sick as lawyers, I just wish them death.

  25. Re:Nederland by Anonymous Coward · · Score: 0, Troll

    Shut up: You lost from Portugal, 2-1.

  26. That's Understandable by The+Viking · · Score: 4, Funny

    Wow... the Dutch Parliament reversed a European Council of Ministers vote that had been in favor of throwing out the European Parliament's efforts to keep software patents out of Europe.

    In other news, my best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with a girl who saw Ferris pass out at 31 Flavors last night.

    1. Re:That's Understandable by mandolin · · Score: 1
      In other news, my best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with a girl who saw Ferris pass out at 31 Flavors last night.

      It's understandable if you're from Alabama. Since you are guaranteed to be at least three of those people.

    2. Re:That's Understandable by Anonymous Coward · · Score: 0

      In other news, my best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with a girl who saw Ferris pass out at 31 Flavors last night.

      You know Rick, too? That crazy fuck, always tell stories to get Ferris into trouble...

  27. Although by binkzz · · Score: 1

    it might not change the outcome directly, I would like to believe this will cause other members of the EU to wonder why they changed their vote; perhaps they will wonder if what their patent lobbyists are saying might not be the total truth?

    --
    'For we walk by faith, not by sight.' II Corinthians 5:7
  28. I love the Dutch! by Dutchmaan · · Score: 4, Funny

    The Netherlands never ceases to impress me with the decisions they make.

    1. Re:I love the Dutch! by BerntB · · Score: 0, Offtopic
      The Netherlands never ceases to impress me
      It's Friday. Do they have any good beer?

      I'll be out drinking with a potential girl friend today.

      (-: Skip the "I don't believe you're a geek" jokes, plz. My creds are fine -- Perl, Emacs, C[++] and I've even installed Debian multiple times. :-)

      --
      Karma: Excellent (My Karma? I wish...:-( )
    2. Re:I love the Dutch! by smoking2000 · · Score: 1

      Do they have any good beer?

      Yes we do: Columbus from Brouwerij 't IJ (9%)

      Forget Heineken, Amstel, Grolsch etc.
      This beer is traditionally brewed, and the brewery is located in a windmill. How Dutch!

    3. Re:I love the Dutch! by Anonymous Coward · · Score: 0

      Did they cease to impress you when they initially voted in favour of patents?

    4. Re:I love the Dutch! by Kippesoep · · Score: 1

      Impress? Sometimes. Despite being Dutch myself, I can certainly say that the Netherlands never cease to amaze me with the decisions they make... Come to think of it, that goes for any government.

    5. Re:I love the Dutch! by Anonymous Coward · · Score: 1, Funny

      I dunno, Davids' decision to mince about propping up the post with one hand on his hip recently was a bit dubious.

      Not as bad a decision as a certain Swiss Ref's, though.

  29. Double negative by Threni · · Score: 1

    >On May 18th, by a thin majority, the European Council of Ministers voted in
    >favor of throwing out the European Parliament's efforts to keep software patents
    >out of Europe

    Uh..doesn't that mean they voted to NOT keep software patents out of Europe?

    1. Re:Double negative by Hakubi_Washu · · Score: 0, Offtopic

      Just add a comma, then it makes sense again :-)
      >...efforts_,_ to keep software patents...

    2. Re:Double negative by Halo1 · · Score: 1
      Uh..doesn't that mean they voted to NOT keep software patents out of Europe?
      Yes, it does. In other words: they voted in favour of software patents.
      --
      Donate free food here
    3. Re:Double negative by vidarh · · Score: 1
      No, if you add in that comma you change the meaning. The EU Parliament had made an effort to keep software patents out of Europe by modifying a proposed patent directive. The European Council of Ministers voted in favor of throwing out the modifications that the EU Parliament had made to the proposed directive.

      In other words, the EU Parliament opposed software patents, and the Council trampled all over them and ignored all the parliaments concerns.

    4. Re:Double negative by alerante · · Score: 1

      The important part is "on May 18th". In other words, the article is talking about something that preceded the Dutch reversal.

      The Dutch, instead of voting for software patents, have now abstained from that vote.

    5. Re:Double negative by Hakubi_Washu · · Score: 1

      You have seen the smiley, haven't you?

  30. Corporate representation by Doc+Ruby · · Score: 4, Interesting

    This vote shows that the Dutch rep to the EU Parliament defied the government, therefore the people, he "represents". While politicians are sent to lead the people, even when leadership is controversial or unpopular, Dutch minister Brinkhorst blamed his "maverick" vote on a typo. The Dutch, with their traditional prudence and deft style, have reversed the result, without even reversing their vote, by appropriately abstaining when their own vote was dysfunctional. Now the question is: who got to this weasel? Who paid him off? Could it be M$, adding his bribe to the big, yet acceptable, bill they're liable to pay the EU for running a foreign monopoly against their people? How much does it cost a corporation to rig property laws in their favor for decades in Europe? And for the politically ambitious European, does Brinkhorst get to keep his bribe, even though he botched the delivery?

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    1. Re:Corporate representation by Halo1 · · Score: 1
      This vote shows that the Dutch rep to the EU Parliament defied the government, therefore the people, he "represents".
      Not in the EU Parliament, but in the Council of ministers
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    2. Re:Corporate representation by Doc+Ruby · · Score: 1

      Ah - the European federal government is even more complicated than it appeared to me. National governments (typically parliaments) decide, then instruct their minister(s) to the EU Parliament, which votes to propose a law. Meanwhile, national governments also instruct their minister(s?) to the EU Council of Ministers, which selects from proposed laws, including those proposed by the Council, for a final candidate law for passage. Then the Council votes again, binding them to accept or reject the accepted candidate law. Is that correct? Is that the format for every law?

      Then, does each national government vote to accept or reject the EU law? And if an existing national law is said (by people, lawyers, governments, courts?) to conflict with the EU law, how is the conflict resolved? And is there a schoolhouse rock ditty that explains all this to children?

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    3. Re:Corporate representation by Halo1 · · Score: 2, Informative

      Ah - the European federal government is even more complicated than it appeared to me. National governments (typically parliaments) decide, then instruct their minister(s) to the EU Parliament, which votes to propose a law. Meanwhile, national governments also instruct their minister(s?) to the EU Council of Ministers, which selects from proposed laws, including those proposed by the Council, for a final candidate law for passage. Then the Council votes again, binding them to accept or reject the accepted candidate law. Is that correct? Is that the format for every law?

      First of all, the Players:

      • The Commission: a bunch of unelected people, who get their position by horse trading among the different national governments, with some influence from the large political groups in the EP.
      • The Council of Ministers: not really one body. There are several Council formations (e.g. there's one on competitiveness, which is the one handling this directive), but they're all called "The Council of Ministers". Every formation consists of ministers (sometimes State Secretaries or even just civil servants) delegated from the national governments, and depending on the subject, these are other people. One always talks about "The Council has decided that ..." though.
      • The European Parliament: the only body among the three which is directly elected.

      Next, there are several possible decision procedures, but I only know one in detail: the co-decision procedure, which is what the software patents directive goes through. It's actually the procedure most directives go through nowadays. It works like this:

      • The Commission proposes a directive text (or in our case: the BSA, after which the Commission comes forward with a copy of this text and claims it's its own), along with several studies (which in this case univocally stated that economically, software patents are a bad idea). I think they do this on initiative of the member states, but I'm not sure.
      • This text gets an opinion from the European Economical and Social Committee (which completely blasted the Commission text in this case)
      • The text goes to two advising Committees of the European Parliament, in this case the Committee of Culture and Youth (CULT) and the Committee of Industry and Trade (ITRE), which both heavily amended the Commission proposal (one removed pure software patents, the other guaranteed the right to publication and interoperability).
      • The text goes to the responsible Committee (Committee on Juridical Affairs and Internal Market (JURI) in this case), which created a text more or less identical to what was approved in the Council, except that they accidentally left in the interoperability amendment).
      • The text goes to the plenary of the European Parliament, where the amendments from the responsible Committee (JURI) are voted on, along with all amendments proposed by either a political group, or a group of 32 or more MEPs. The result was a definite "no" to software patents.
      • Then the original Commission text goes together with the EP text to the Council, for which the resulting text of the EP is just an "advice". The Commission sent along a list of all unacceptable EP amendments.
      • The Council lets its "Working Party on Intellectual Property (Patents)" formulate a counterproposal for the EP text. This Working Party mainly consists of civil servants from national and even the European Patent office, i.e. the people that started giving out software patents in the first place.
      • The Council votes about this counterproposal, whereby the national delegations are mostly advised by those same people who wrote the counterproposal. They accept a text which is even more pro-software patents than the original Commis
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    4. Re:Corporate representation by a_n_d_e_r_s · · Score: 1

      EU has a 2 chamber system:

      - The EU parlament is voted in directly by the people in a large election last held in june this year. They vote on an issue as they see fit.

      - The EU Council of Ministry is the ministers of respective countries who vote accordingly how the national parlaments instruct them to vote.

      Both must accept the same document for it to become a directive - first the parlament and then the council. The directive is not final until both chambers accepts the same version of the directive.

      Thereafter the national parlaments must incorporate this directive into into their national law - i.e. directives are like multi-national treaties between all EU countries.

      The EU parlemnt changes the propsed law and removed software patents - the ministers then took back those changes allowing software patents thus forcing a re-vote in both chambers.

      Now what has happend is that the netherelands parlament has changed the instruction for the minister from vote for to abstain. This happennd because the minister 'lied' to them.

      Thus making it less certain that the directives will pass both chambers intact.

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      Just saying it like it are.
  31. So unless I am wrong by AviLazar · · Score: 1, Interesting

    This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written?
    Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?
    Let them recoup their costs. If I write some software, I be damned if someone is going to tell me how to market/sell/utilize it (short of national security breach).

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    1. Re:So unless I am wrong by Anonymous Coward · · Score: 0

      The problem with software patents is that it allows trivial concepts to be patented by big companies with big budgets. Think of amazones "one click shopping" patent. These kind of things are not new in any way, but from one day to another you'll have to pay a licence fee to use these concepts in your small software project, or face trial. You can imagine the damage this causes to the open source movement, since most os project don't have any budget for paying licences.

      Iwan (and yes, i'm dutch :)

    2. Re:So unless I am wrong by Halo1 · · Score: 2, Informative
      This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written? Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?
      You have apparently no idea of the economics of writing software. Have a look at these studies the EP took into account when voting against software patentability... And that doesn't even include the FTC study that was published afterwards.
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    3. Re:So unless I am wrong by Stokey · · Score: 1

      Patent != copyright.

      You don't have to patent it to be protected from some one else stealing it. The reason you shouldn't be able to patent it is because it will become almost impossible for any hobbiest to write any software that does not infringe on a patent once all the big players have filed all their patents. If I set out to write a web application from scratch, but it turns out that IBM patented a technique (say, of nesting selectable options in a menu), after I have clean room developed something similar then I am going to have my ass kicked as their lawyers sharpen their knives.

      What do you intent to patent anyway? You get into a whole MS Patents Grouping Icons debate and whether it makes any sense to be able to patent something so trivial. Laws exist to protect you, the developer, from having your stuff nicked and used by someone else, why patent it?

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    4. Re:So unless I am wrong by mczak · · Score: 2, Interesting
      This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written?
      They already get copyright on the code they write, you seem to confuse that with patents...
      Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?
      The problem is software is basically algorithms. You should not be allowed to patent business methods, mathematics et al. This just serves the big guys with lots of lawyers (since it's already impossible to write any piece of software without violating some trivial patents).
      Let them recoup their costs. If I write some software, I be damned if someone is going to tell me how to market/sell/utilize it (short of national security breach).
      You don't need a friggin patent to market/sell/utilize the software you wrote in any way you want. Copyright (which you get automatically) already grants you everything you need.
    5. Re:So unless I am wrong by AviLazar · · Score: 1

      Nope I have no idea of economics - non whatsoever (pfft).
      What I do know: Some Company X makes a product that costs them some amount of dollars (investment). They work to intellectually protect their product *god forbid* & investment. Then they go to produce (supply) and sell (sell cost) to make the most amount of profit.
      Consumer A - views the product, determines if he wants it (demand). If the demand value is equal to or greater then the price (sell cost) the consumer buys it. Hopefully the sell cost >= investment.
      Now if Company X wants to sell a product that has less functionality then a four digit calculater for $500.00 and someone buys it - whose fault is that? Some other company Y can come out and invent a NEW product that is better then Company X's product. They can sell it for less or sell it for more.
      It's that simple. We show all this angst and snot towards software companies from making profits on their product - and then we turn around trying to make as much money as possible when we go to work.

      Eliminate the product for a moment (software). In the end, some company is trying to make a profit - just like *YOU* do when you go to your boss and ask for a raise.
      Take that into account.

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    6. Re:So unless I am wrong by AviLazar · · Score: 1

      1)Invent something original and place it open source if you choose to. This prevents from IBM patenting it and suing the users
      2)Come out with a work around. If you can't use nesting selectable options in a menu, come out with a better method
      3)The most important issue - the patent office hire people who are qualified, and not overburdeoned to rush - who will register legitimate patents - not retarded ones (hmm can I patent the method for breathing air???) :)

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    7. Re:So unless I am wrong by Halo1 · · Score: 2, Informative
      What I do know: Some Company X makes a product that costs them some amount of dollars (investment). They work to intellectually protect their product *god forbid* & investment. Then they go to produce (supply) and sell (sell cost) to make the most amount of profit.
      A company can get all the protection it needs to realise what you describe by means of copyright. Software patents in fact undermine its investments: it spends a lot of money on R&D and writing a program, brings it on the market and then gets sued into oblivion because apparently this program infringes one or other obscure (or not) software patent.

      Even if the patent is invalid, a law suit to get the patent invalidated costs between $US 1,500,000 and $US 2,000,000 depending on who you listen to. Great protection of investment...

      Summarised: patents have both good and bad effects. The economic studies from my previous post show that the bad effects are worse in case of software patents than the good ones (and undermine other forms of already existing protection for investments in software). So the logical conclusion is: no software patents.

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    8. Re:So unless I am wrong by BillyBlaze · · Score: 2, Insightful
      I believe that copyrights are much better suited to reward the investment in software than patents. Frankly, patents are a kludge for industries where copyright wouldn't make sense. In the software industry, patents have a chilling effect on innovation, and they prevent computers from being user friendly and compatible with each other.

      In literature, the media to which copyright originally applied, an idea is worthless but it's expression is valuable. You can't patent the idea of a story about star-crossed lovers, but you can copyright your expression of it. This dichotomy is present in copyright law, and it applies to software as well. The investment in producing, say, a word processor isn't the idea of a word processor, it's the programmer-years of effort to required implement one, and that is exactly what copyright rewards.

      By rewarding the idea instead of the implementation, patents hinder innovation. If you had patented the idea of a word processor, then with just few lawyer-weeks of non-productive labor, you would have precluded everyone else in the world from investing in the implementation of a word processor. To say nothing of having harmed the job market for programmers, you now totally control every word processor ever built, despite having done nothing! Now anyone who wants to write a word processor has to find you and pay you (if you even decide to license the patent), which will surely limit the number of word processors written. With central control and without diversity, innovation suffers. If I have an idea for a feature, but you don't like it, there's nowhere else I can go, and my innovation will be lost.

      Patents also harm innovation by increasing the legal risk of writing software. Many people write software for fun or to scratch an itch. Many small companies write software for small profits in niche markets. This is a big source of innovation. These people and companies don't have the resources to search for patents they may unknowingly be infringing, the money to license them, or the lawyers to defend themselves if they don't. Writing software is fun, but getting sued isn't, and if writing software puts one at constant legal risk, it won't happen.

      Finally, patents prevent computers from being compatible with each other and easy to use. You suggest that if IBM patents "nesting selectable options in a menu," then we should all come up with a better way. And suppose someone patented scroll-bars -- we should all put them on different sides, or use the scroll-wheel (if we've licenced it, that is), or scroll-buttons. But users would confuse scroll-buttons with close-bars ("scroll up, then down to close"), which were used instead of the "X in the top-right" to evade a Microsoft patent. My point is, copying ideas, such as scroll bars, menus, plugin APIs, etc. is absolutely necessary for software to work together and for computers to interface with users in a standard way. Copyrights respect this and allow companies to make profit anyway, but patents do not.

    9. Re:So unless I am wrong by Alsee · · Score: 1

      I am a software author. I am protected by copyright. The phrase "software inventor" is nonsensical, I doubt you can find actual programmers using it.

      what is the problem with it being patented?

      Because any software patent is actually a mental process patent. You don't need a computer to run a program, any programmer can can run software purely mentally. Yes, mentally running software is slow, and you may need pencil and paper as a memory aid, but you really *can* run absolutely any program mentally. As a matter of fact running code mentally is a routine part of writing and debugging software. Every programmer does it.

      It is absolutely LUDICROUS to even suggest that a sequence of thoughts could be patented, or that a person sitting motionless and just thinking could violate a patent.

      Hopefully you agree that you cannot patent a sequence of thoughts. Hopefully you agree that a person sitting motionless and just thinking cannot commit a patent violation.

      That brings us back to running the software on a computer. Well, there is absolutely nothing novel or non-obvious about using a computer to compute those calculations faster and more reliably. It is bloody obvious to do so. More specificly, there is nothing inventive in doing so.

      There is no such thing as a "computer implemented invention". The only thing a computer can implement is a calculation, a fancy math equation. You can invent and patent a robotic arm and attach it to a computer, but you cannot invent or patent pure math equations for the motion of that robotic arm. You can invent and patent a speaker and attach it to a computer, but you cannot invent or patent pure math equations involved in an MP3 sent to that speaker. You can invent and patent a monitor and attach it to a computer, but you cannot invent or patent pure math equations for the spreadsheet displayed on that monitor.

      You can invent keyboards and mice and harddrives and attach them to a computer. But the computer itself can only implement calculations. Any program really is nothing more than a fancy math function.

      Software and programming is not a feild of technology. It is a feild of mathematics.

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    10. Re:So unless I am wrong by AviLazar · · Score: 1

      Because any software patent is actually a mental process patent.

      Software is a process, done physically by a machine. I would like to see you run Quake II in your head, and make it work. You can't your example, at least to me, is not making any sense. We coders run segments of code in our head (barely), it is not humanly possible to run millions (billions) of lines of code in our heads.

      You don't need a computer to run a program, any programmer can can run software purely mentally.

      Not possible. Prove it.

      Yes, mentally running software is slow, and you may need pencil and paper as a memory aid, but you really *can* run absolutely any program mentally.

      Being on paper means it is no longer absolutely or purely mental now is it?

      But the computer itself can only implement calculations

      1 + 1 = 2...I implemented a calculation, I can run this calculation in my head over and over. On a more "non-nitpicking" point, your statement contradicts your above statements. In this most recent statement "the computer itself can only implement calculations", but in your above statements people can run "any" code "purely" mentally. Code is calculations

      Software and programming is not a feild of technology. It is a feild of mathematics.

      This is a pure statement of your opinion, and many many many people would argue you (and win) wrong.

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    11. Re:So unless I am wrong by brlewis · · Score: 1
      1)Invent something original and place it open source if you choose to. This prevents from IBM patenting it and suing the users

      No it does not. It might prevent IBM from winning should the users choose to gamble money on resisting the lawsuit, but the USPTO won't turn down the money they get from accepting an application just because of some prior art.

      2)Come out with a work around. If you can't use nesting selectable options in a menu, come out with a better method

      You then have to check the patent literature to make sure that your "better method" hasn't also been patented. This turns an activity (software development) that is fun for many people to do in their spare time into an activity that requires arduous, boring research.

      3)The most important issue - the patent office hire people who are qualified, and not overburdeoned to rush - who will register legitimate patents - not retarded ones (hmm can I patent the method for breathing air???) :)

      No software patents are legitimate. Software is not statutory material for a patent. The US Supreme Court has consistently seen it that way, and they were right.

    12. Re:So unless I am wrong by Alsee · · Score: 1

      Software is a process, done physically by a machine

      No, software is a set of instructions which can be followed by a brain or by a chip. The chips may certainly be faster and more reliable, but there is nothing they can do that a brain cannot do.

      Quake II in your head

      It would take a staggeringly long time. So what? It is neither novel nor non-obvious to use a computer to get the results more quickly.

      Not possible. Prove it.

      Ok, I'll quote you: "We coders run segments of code in our head". Point proven. The fact that it would take years or centuries to run larger "segments of code" merely makes it rather impractical, chuckle. It is neither novel nor non-obvious to use a computer to get the results more quickly.

      Buy heay, forget long slow "segments of code". Software patents often amount to absolutely trivial code. The original US software patent, the one that went before the US Supreme Court in Diamond v. Diehr, the one that blow open the door for US software patents (which were previously and properly and consistantly ruled non-patentable subject matter), it was nothing but a basic integral. Integrate heat over time. One equation, essentially one line of code. Nothing extrodinary required there.

      The RSA public key cryptography code is absolutely trivial. The only "hard" part is doing basic mathematical exponention. Not that that is a problem. (1) You could use pencil&paper, (2) You could take one of those advanced memory training courses, or (3) you can simply use single digit numbers! The patent does not require you to use huge encryptions keys. Using single digit numbers in RSA encryption merely means it won't be as hard to crack by brute force attack.

      Or how about the XOR cursor patent? You look at one number, look at another number, and XOR them. Indisputably runnable purely mentally with only modest effort.

      Answer me this:
      If someone does in fact manage to mentally execute so much as a single existing software patent, even the simplest of all such patents, has he commited patent infringment? Is it ever possible for thought itself to be against the law?? And if not, then how the heck does it become patent infringment if he then takes the blatently obvious step of using a computer to do it again faster?

      I do not believe you can reasonably answer that. You either trip over the first part saying that thought itself can be against the law, or you have to say it is patentable to take the obvious and non-novel step of using a computer to speed up something which you have just admitted was not patentable!

      >But the computer itself can only implement calculations
      1 + 1 = 2...I implemented a calculation, I can run this calculation in my head over and over... Code is calculations


      I don't know what you are trying to say, but what you just wrote is exactly my point. The only thing computers can implement is code. Code is nothing but calculations. And as you just said you can do calculations mentally. Computers cannot implement anything that cannot be implemented mentally. All software is fundamentally mental processes. Any software patent is fundamentally a mental process patent. Using a computer to carry it out faster is NOT inventive.

      Computers acn only implement calculations. They cannot implement inventions because math is not an invention, a calculation is not an invention.

      your statement contradicts your above statements

      Huh? What contradiction?? Either I must have missread what you wrote or you must have missread what I wrote. I have a feeling it's the latter.

      >Software and programming is not a feild of technology. It is a feild of mathematics.

      This is a pure statement of your opinion


      Nonsense.

      For starters, the colleges I am familiar with have either have it directly within the math department, or spun off as it's own department but still recognized as being within mathematics. But h

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    13. Re:So unless I am wrong by AviLazar · · Score: 1

      No, software is a set of instructions which can be followed by a brain or by a chip. The chips may certainly be faster and more reliable, but there is nothing they can do that a brain cannot do.

      Software follows a set of instructions, it IS a process, however. One can easily state that a process follows a set of instructions. For example: every morning I have a process - my alarm clock rings, i get out of bed, i hit the snooze, i run back to bed, five minutes later the alarm clock rings, and the cycle repeats. There is a set of instructions ingrained in my head (turn the damn thing off), the process is me actually following these instructions.

      Quake II in your head
      It would take a staggeringly long time. So what? It is neither novel nor non-obvious to use a computer to get the results more quickly.
      Really you can run Quake II in your head? Where can I plug the joystick into? Your ass?

      Not possible. Prove it. Ok, I'll quote you: "We coders run segments of code in our head". Point proven.
      Thats a lame, and inaccurate, proof. Come on you shoudl be able to do better.

      The fact that it would take years or centuries to run larger "segments of code" merely makes it rather impractical, chuckle. It is neither novel nor non-obvious to use a computer to get the results more quickly.

      It is an impossibility to run this code without a computer. If I were to hand you seven hundred megabytes of code, of an unknown program, in paper to you. You could sit on it from now until the day you die and still not be able to "compile" it. You might be able to tell a few segments, even gloss what it does, but you could not come close to figuring out most of its features, drawing how it looks like, and most importantly utilizing the code (again, try and run Quake in your head and playing it, where does the controller go)?

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    14. Re:So unless I am wrong by Alsee · · Score: 1

      I asked you a direct question. I directly stated that I do not believe you can answer that question. I explained how that question defeats you no matter how you attempt to answer it.

      Your only response is to pretend I never asked the question. If you continue to ignore the question I will simply continue to repeat the question and continue to defy you to answer it:

      "Answer me this:
      If someone does in fact manage to mentally execute so much as a single existing software patent, even the simplest of all such patents, has he commited patent infringment? Is it ever possible for thought itself to be against the law?? And if not, then how the heck does it become patent infringment if he then takes the blatently obvious step of using a computer to do it again faster?
      "

      -

      Software follows a set of instructions, it IS a process, however.

      And my entire point is that software is not patentable because it is not a physical process. In Diamond v. Diehr US Supreme Court goofed. If you check countless US patent office rules and US court decisions prior to that, and check with the patent offices and courts of the rest of the freaking planet, it was bloody obvious to everyone that math itself is not patentable subject matter, that mathematical algorithms are not patentable subject matter, that mathematical calculations and information processing are not physical proccesses and are not patentable. In Diamond v. Diehr US Supreme Court screwed the pooch and upheld a patent on a calculation. That's the botched ruling that blew the doors wide open for US software patents, which the Patent Offices up until that points constsistantly and properly rules was not patentable subject matter. The US has extended patents to what is fundamentally mental processes, and that is fundamentally broken.

      Where can I plug the joystick into?

      Sigh. Now I'm just going to have to repeat myself from my post before last.

      You can invent and patent a robotic arm and attach it to a computer, but you cannot invent or patent pure math equations for the motion of that robotic arm. You can invent and patent a speaker and attach it to a computer, but you cannot invent or patent pure math equations involved in an MP3 sent to that speaker. You can invent and patent a monitor and attach it to a computer, but you cannot invent or patent pure math equations for the spreadsheet displayed on that monitor.

      You can invent keyboards and mice and harddrives and attach them to a computer. But the computer itself can only implement calculations. Any program really is nothing more than a fancy math function.


      A joystick is NOT PART OF SOFTWARE.

      Present the joystick values to me however you like, or even just let me see the joystick itself. So long as I can SEE those values then I can mentally plug those numbers into the software calculation in my head. If the value from the joystick is the "up" value then add one to X and branch to line whatever.

      Software is nothing but a math equation. Numbers go in and numbers come out. If you want to patent things attached to a computer, like a joystick, then go right ahead. The joystick is not part of the software.

      >Prove it. Ok, I'll quote you: "We coders run segments of code in our head". Point proven.
      Thats a lame, and inaccurate, proof.


      Saying I am wrong does not make me wrong. If you think I am wrong then you need to say HOW or WHY I am am wrong. Saying that it is wrong without giving any reason amounts to hot air.

      It is an impossibility to run this code without a computer. If I were to hand you seven hundred megabytes of code, of an unknown program, in paper to you. You could sit on it from now until the day you die and still not be able to "compile" it.

      I do not need to compile it. I merely need to follow it line by line.

      You might be able to tell a few segments, even gloss what it does, but you could not come close to

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    15. Re:So unless I am wrong by Alsee · · Score: 1

      Software is not statutory material for a patent. The US Supreme Court has consistently seen it that way, and they were right.

      Correct, at least up until Diamond v. Diehr.

      In Diamond v. Diehr the Supreme Court upheld a patent on doing a basic math integral to calculate a number. Sure the patent was on doing that calculation while manufacturing rubber, but it was the same old physical rubber process as ever. The only supposedly "novel" and "non-obvious" thing in the patent was doing that calculation to time the bake-cycle more reliably. Bake it too long and you get a rock. Bake it to little and you get soup.

      Their supposed "invention" lied purely in math, integrating heat over time. Absolutely non-patentable subject matter. Since that fuxored ruling the US has blown the doors wide open for software patents and 'business method' patents. US patent lawyers admit getting such patents approved is pure word games, that it's all about invoking the "magic words" to get the patent approved. Directly and clearly describe the exact same supposed invention without invoking the "magic words" and the patent office will throw you out on your ass as non-patentable subject matter. A word-games patent system, [sarcasm]wonderful[/sarcasm].

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    16. Re:So unless I am wrong by brlewis · · Score: 1

      Nope. I've actually read Diamond v. Diehr, and they clearly predicated their decision on there being nonobvious material that wasn't purely software. In fact, they had a whole section (IV) in there just to make sure that people didn't think they could make non-patentable things patentable by careful wording. Diamond v. Diehr didn't cause the problem. People failing to read Diamond v. Diehr caused the problem.

    17. Re:So unless I am wrong by Alsee · · Score: 1

      clearly predicated their decision on there being nonobvious material that wasn't purely software.

      Really? Where? I cannot find any portion of the 5 justice majority suggesting any such thing.

      What I see them saying is that a claim must be evaluated as a whole, that novelty and non-obviousness can lie entirely in non-patentable subject matter.

      The 4 justice dissent gives extensive judicial history of the "mental steps doctrine", that mental activities cannot constitute inventions. Section II of the dissent explains in detail that the only thing that the Diehr application claims to teach is a calculation - mental steps. That there is no nonobviousness or novelty anywhere except in software.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    18. Re:So unless I am wrong by brlewis · · Score: 1
      See section IV as a whole, and particularly the part of section IV that reads,
      Similarly, insignificant post-solution activity will not transform <450 U.S. 192> an unpatentable principle into a patentable process. Ibid. To hold otherwise would allow a competent draftsman to evade the recognized limitations on the type of subject matter eligible for patent protection.
      Yes, section II of the dissent says that the Diehr application's only non-obvious part is a calculation...and that is why they are dissenting! You will not find anyplace where the majority says the only non-obvious part was the calculation. Quite the opposite. From section I of the majority opinion:
      Because the temperature inside the press has heretofore been viewed as an uncontrollable variable, the conventional industry practice has been to calculate the cure time as the shortest time in which all parts of the product will definitely be cured, assuming a reasonable amount of moldopening time during loading and unloading....Respondents characterize their contribution to the art to reside in the process of constantly measuring the actual temperature inside the mold.
      The majority did not view this as a claim on software (a.k.a. a mathematical formula), but on a change in a process that removed the need to open/close the door. Yes, software played an important role in that process, but it was the process that was being patented, not the software. The dissent says,
      If the Court's reading of the claims were correct, I would agree that they disclose patentable subject matter. On the other hand, if the Court accepted my reading, I feel confident that the case would be decided differently.
      Both the majority and the dissent base their decision on the non-software parts of the invention. The majority wisely includes a section IV that warns against using their decision to try to make nonstatutory material statutory by an excercise in drafting. The dissent unwisely rails at length against the concept of software patents in general. I think many people read the dissent and expect everything in there to be disagreement with the majority, thust they misinterpret the majority opinion to be an endorsement of software patents.
    19. Re:So unless I am wrong by Alsee · · Score: 1

      Similarly, insignificant post-solution activity will not transform an unpatentable principle into a patentable process.

      With absolutely no requirement for novelty or non-obviousness in any physical activity. The physical activity can be entirely unchanged, and in this Diehr patent the physical process is identical to the existing physical process.

      The majority [viewed it as] a change in a process that removed the need to open/close the door.

      Huh? Perhaps this is the difference in our understanding? That's not what the patent says and that's not what the majority said. If some need to open/close was removed you're going to have to point it out to me.

      The exact same physical process is used both pre- and post- patent. You load the rubber, close the press, wait, open the press, extract the object, repeat. All while the press uses sensors and heating elements attempting to maintain temperature. No change.

      The majority quote you refferenced actually said:
      Respondents characterize their contribution to the art to reside in the process of constantly measuring the actual temperature inside the mold.

      However as the dissent says, the patent does not indicate any improvement in sensors or measurement at all. The only thing the patent adds is to repeatedly do calculations on those already existing measurements from already existing sensors to more accurately calculate the cook time.

      The only change introduced is not a change in physical process at all. The change only exists in mental steps, in better calculating the Arrhenius equation.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  32. Seriously... you're dreaming by NineNine · · Score: 1, Flamebait

    You obviously don't know much about history, do you? Most great inventions where created by large corporations that made all of that R&D possible. Most of those inventors benefitted *greatly* from those inventions (but not all). Or in many cases, a small guy invented something, then it was brought to market by a corporation which had the money to make it happen. Somehow, I don't see a guy in his garage inventing the next breakthrough in microprocessor technology, or space flight, or medicine, then giving it away. That's a fairy tale.

    1. Re:Seriously... you're dreaming by Anonymous Coward · · Score: 0

      Tell that one to Jobs and Wozniak. Seriously, how does a misinformed troll like yourself always manage to get modded up?

  33. I'm moving to dutchland! by Anonymous Coward · · Score: 0, Funny

    legalized weed and a sensible outlook on software patents, what more could a geek ask for?

    1. Re:I'm moving to dutchland! by Arend · · Score: 1

      Well, it's not exactly "legalized". It's "gedoogd", which means that it's actually illegal but they won't do anything about it.

      In practice, it's about the same for the end-user, but you've got the strange situation that on one hand you *can* buy weed at a coffeeshop, because that's "allowed". On the other hand, the coffeeshop has nowhere to buy its weed, because *that* is illegal.

      But it works, sort of.

  34. English, please? by JamesP · · Score: 2, Interesting

    The post is very confusing: he voted against the people that are against voting against being contrary to software patents, something like that...

    What the heck, can someone simplify it?

    --
    how long until /. fixes commenting on Chrome?
  35. Negative vote not in reach by KamuSan · · Score: 3, Informative

    I was at the previous committee meeting. All the MPs that were there were not happy with the minister and secretary, but the MP (Vendrik (sp?)) who proposed the motion came to the conclusion that a negative vote was unreachable. IMO primarily because of the CDA- and VVD-fractions, who were not happy with the way the EP-EC vote went, but only partially against software patents per se.

    1. Re:Negative vote not in reach by CVD1979 · · Score: 1

      Yes, that's the same impression I get from the minutes of yesterday's meeting. Ah well, at least it's clear The Netherlands aren't supporting the vote for software patents. I hope more countries will follow.

      --
      "Want some rye? 'Course you do!" - Return to Zork
  36. Re:Italy's furious! by Anonymous Coward · · Score: 2, Interesting
    Then there's Spain. I find the phrase "undermine political credibility in Europe" to be a laughable concept when an entire country changes its majority party in a radical direction because of a single terrorist bombing.

    Ehm, the majority of the spanish people were against Spain sending troops to Iraq in the first place. (I believe they stated they would let the troops stay if the United Nations took political and military control).
    The PSOE stated they would bring the troops home if they were elected. Maybe the bombing contributed to their victory, but AFAIR they were close in the polls even before the bombing. So it's not like the victory came out of thni air like you are implying.
    Sounds like how democracy is supposed to work to me. The party that went against the majorities opinion got slapped on the wrist.
  37. A mind is a terrible thing to confuse with an egg. by I+am+Jack's+username · · Score: 5, Funny
    the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe
    So they were for being against opposing patents. This is your brain on drugs.
    The Dutch parliament opposes their minister's opposition to the amendments which opposed software patents.
  38. Re:Italy's furious! by pubjames · · Score: 4, Interesting

    Then there's Spain. I find the phrase "undermine political credibility in Europe" to be a laughable concept when an entire country changes its majority party in a radical direction because of a single terrorist bombing.

    I live in Spain, and I lived through those days of the bombing and elections shortly afterwards. I can tell you something with certainty -- the election went the way it did not because of the bombing, but because of the governing party's response to it. They tried to very crudely manipulate public opinion in the aftermath of the bombing so that the elections would go in their favour. The public was responding to the governments blatent attempt to manipulate them, not the bombing per se.

    It's a real shame that it was presented in a lot of the American press differently, because Bush could learn a lot from the Spanish public's response to the governing party's attempted manipulation -- lie to the electorate, and they'll punish you for it.

  39. Official record of the vote? by flossie · · Score: 2, Informative

    Is there an official record of the proceedings of the Dutch Parliament, similar to the UK's Hansard, to which I can direct the attention of my MP? I'm not sure that a wiki page at the FFII website will carry sufficient authority to prompt her to try the same thing here.

    1. Re:Official record of the vote? by Anonymous Coward · · Score: 0

      There _was_ a live stream

      "Donderdagavond om 19:45 was een softwarepatenten kamerdebat, live te volgen: http://www.tweedekamer.nl/applicaties/livedebat/in dex.jsp (Thorbecke zaal)"

    2. Re:Official record of the vote? by TakaIta · · Score: 3, Informative

      The "uncorrected" version of the parliament's session is here. Of course it's in Dutch, and you have to find the issue between the other topics that have been debated. The discussion starts with this text "Aan de orde is het debat naar aanleiding van een algemeen overleg op 24 juni 2004 over software octrooien.", which is at about page 21.

    3. Re:Official record of the vote? by flossie · · Score: 1

      Thank you!

    4. Re:Official record of the vote? by Halo1 · · Score: 1
      And the note about the fact that the motion for abstention has been adopted, is on page 193:
      In stemming komt de motie-Van Dam c.s. (21501-30, nr. 52).

      De voorzitter: Ik constateer dat de aanwezige leden van de fractie van de VVD tegen deze motie hebben gestemd en die van de overige fracties ervoor, zodat zij is aangenomen.

      --
      Donate free food here
  40. Re:A mind is a terrible thing to confuse with an e by lucas+teh+geek · · Score: 2, Funny
    the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe
    So they were for being against opposing patents. This is your brain on drugs.
    The Dutch parliament opposes their minister's opposition to the amendments which opposed software patents.
    ahh... thank you, so much clearer now

    do we love or hate the dutch right now? im still lost :P
    --
    TIAEAE!
  41. Re:Italy's furious! by Weird+O'Puns · · Score: 1
    From the grandparent:
    Topic of this vote aside how is Europe supposed to get anywhere if a country votes one way and then a couple of months later changes its decision?

    What happened was that the minister representing the goverment voted against its wishes. They had every right to change the vote.

    Then there's Spain. I find the phrase "undermine political credibility in Europe" to be a laughable concept when an entire country changes its majority party in a radical direction because of a single terrorist bombing.

    The terrorist attack had insignifigant impact on Spanish electionts. The ruling party was already highly unpopular mainly because the troops in Iraq. Attempts to gain votes from the attacks didn't excactly help but they were going to lose anyway.

  42. Go Dutch by faxafloi · · Score: 2, Funny

    Finaally, some saanity haas been restored to the paatent debaate. Congraatulaations to our Dutch friends for their couraageous step forwaard.

    --
    Exit, pursued by a bear.
  43. whoops by bl8n8r · · Score: 2, Funny

    sounds like the check bounced to the Dutch Parliament

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  44. Re:Never trust the Dutch by Anonymous Coward · · Score: 0

    What gives? It was a pro-GNU comment! :)

  45. The title of the article is WRONG by Anonymous Coward · · Score: 1, Informative

    The title of the article says the Netherlands reverse their vote. That is just plain wrong. They actually are changing it from a "yes" to an abstention, not to a "no".It's good, but it's not a "reversal".

  46. Re:Italy's furious! by Anonymous Coward · · Score: 0

    > It's a real shame that it was presented in a lot
    > of the American press differently, because Bush
    > could learn a lot from the Spanish public's
    > response to the governing party's attempted
    > manipulation -- lie to the electorate, and they'll
    > punish you for it.

    Pa. Bush wouldn't learn anything from it. And, even if he did, it would be useless - in the US, the public are a lot more gullible.

  47. Mod this DOWN : -1 Flamebait by Anonymous Coward · · Score: 0

    > Explain how it is beneficial for your creation
    > to not be protected against theft by
    > competitors?

    You are a troll... but anyway...

    Software patents have been showed to be used
    now as a way to prevent innovation and NOT as
    a way to protect your invention. Oh and while
    I'm feeding the troll, there is indeed a way
    to protect your creation "against theft by
    competitors" : it is called copyrights...

    Here! So, does your belly feel satisfied now ?

  48. Re:How are "No Software Patents" a Good Thing(tm)? by Anonymous Coward · · Score: 1, Interesting

    Is this a troll? Well whatever, if you look at the economic figures you'll see that software patents don't add to inventiveness, but are actually an extra tax to pay to other people (a currently ever more popular tactic, companies that only earn money by claiming an idea without ever making anything, are becoming more common) as there is no need to have an actual working product or anything, this thus slows down overall innovation. None of the current big corps got big with software patents either, in generally they just use them to fence out competition, which is ofcourse what capitalism is about.

    Thus software patents are bad, because they harm the economy, the generation of new ideas and harm the general working of the capitalistic system. This doesn't mean patents are bad in all cases, but the way software patents have been introduced begat what is now an anti capitalistic system.

    Quickshot

  49. Great inventions by corps? Name one! by KamuSan · · Score: 2, Insightful

    "Most great inventions where created by large corporations that made all of that R&D possible."
    What great inventions?
    Steam engine? Nope, invented by a single man.
    Internal combustion engine? Again, nope.
    Penicillin? Not a corporation.
    Radio? Again, no.

    Corps only make inventions profitable.

    "Somehow, I don't see a guy in his garage inventing the next breakthrough in microprocessor technology, or space flight, or medicine, then giving it away. That's a fairy tale."

    Maybe not giving away, but my guess is that radically new technologies *are* invented in garages. Primarily because if you do R&D for a corporations, your boss expects you to find that lucrative new technology. So most things invented by corporations will be more or less gradual improvements of existing technology.

    The guy with his garage is free to create totally new things, so he is more likely to come up with something radically new.

    Then, after a while this new technology has to be improved, made more reliable, or cheaper, and that costs money. A lots of money. So then you would expect that only big corps are able to afford R&D.

    But the radically new ideas? Expect the genius with his garage.

    1. Re:Great inventions by corps? Name one! by Wudbaer · · Score: 1

      What great inventions?

      The transistor (Bell Labs, 1947) ?
      The microprocessor (Intel/Grumman Aircraft 1971) ?

  50. Re:How are "No Software Patents" a Good Thing(tm)? by Lonath · · Score: 2, Insightful

    If I get a machine and use it to create a string of bits that then gets used as a set of instructions to tell other machines what to do, then I do get protection for coming up with that string of bits. It's called "copyright". You patent inventions, you copyright expressions of thought. If software running on a computer is a patentable process, then why not allow patents on a new song or movie or picture? It's a string of bits that makes machines do useful, novel, and nonobvious things, so why not patent it?

    The issue I have with software patents isn't that patenting or IP is bad, it's that you have to separate IP into different categories for different situations. Or, if you don't want to do that, then be willing to take things to their logical conclusion and allow patents on music and movies and books and all other expressions of thought that happen to be recorded as strings of bits and happen to be used to make machines do things. When people allow patents on music and books and movies and such, I will support software patents. Because then the people who came up with this idea will prove to me that they get it.

  51. Not so impressive by Anonymous Coward · · Score: 0

    An abstenance vote is a cowardly vote, why couldn't they have simply voted against it.

    What is really bad is that the minister had to be forced to abstain. Initially the minister refused to change the vote because it would look bad. It's a pretty sick and sad world when our politicians choose to make a known wrong decision because to do otherwise would look bad from the perspective of looking indecisive. Pathetic!!

    I'm happy the vote for was dropped of course, but totally unimpressed at the ministers lack of guts and inability to admit when you are wrong. Spineless screwing with the economy of countries to save your own ego.

  52. Well said. by Featureless · · Score: 1

    Getting right to the point, we may occasionally laud the EU's political environment as somewhat superior to the American one, but whether the EU is getting better or worse depends to a great extent on whether this "Minister" will be investigated and prosecuted.

    To let "Mr. Typo" get off light, you have to have the kind of benighted self-contempt that Americans, Chinese and ex-Soviet citizens are really familiar with.

  53. Re:A mind is a terrible thing to confuse with an e by akadruid · · Score: 2, Funny

    Not sure... but at least we know why they call it double dutch.

    --
    "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
  54. Re:How are "No Software Patents" a Good Thing(tm)? by Random+BedHead+Ed · · Score: 1
    Look, if someone's political views go the line of Communism, that's all well and good. You can go live in China, where you will be told what software you are allowed to use, and when, and god help you if you make the mistake of complaining about governmental policy there. But if you're going to live in the capitalist world, you have to grow up and accept the fact that sometimes a company you personally don't like still has a right to exist, and has just as much right to protect its interests as the underdog.

    That's a bit of an exaggeration. "Lack of patents" and "communism" are not the same thing (at least, I don't think that the only difference between China and the US is a lack of patents in China). You clearly don't like the idea of government involment in software choices, why advocate a system in which the government is stuck with the task of enforcing artifical monopolies? If anything, a lack of patents is more of a free market than the beurocratic system you suggest.

    Software patents have been abused far too much, and opposing them has nothing to do with liking or disliking big business. It's a separate debate entirely. We've seen too much evidence that the software community (commercial and non-commercial alike) works better without them. My compliments to the Dutch.

  55. Not a type, she blamed it on the word processor by KamuSan · · Score: 1

    "who got to this weasel? Who paid him off? Could it be M$, adding his bribe to the big, yet acceptable, bill they're liable to pay the EU for running a foreign monopoly against their people"

    LOL, why believe in a monopoly? He (actually the State Secretary) didn't blame it on a typo, but actually blamed the *word processor*.

    Now somehow I don't get the feeling he used Open Office. And we all know who is the #1 word processor manufacturer in the world ;-)

    1. Re:Not a type, she blamed it on the word processor by KamuSan · · Score: 1

      Oops, didn't want to say 'monopoly', but 'conspiracy'.

  56. Re:Nederland by Mister+Liberty · · Score: 1

    't Erge is natuurlijk dat de altijd vriendelijk lachende Brinkhorst een leugenachtige gluiperd is. Dit is goed nieuws, voor wat het waard is, maar ik maak me geen illusies omtrent de afloop. In ieder geval zeer goed werk van Arend. BJ

  57. Re:Never trust the Dutch by Anonymous Coward · · Score: 0

    Sigh... Last week in the States I had to explain this over and over again: People who are living/born in "The Netherlands" are called "Dutch"; the Dutch people. The Netherland is also nicked "Holland". And no, Amsterdam is not a country itself, it's the capital of The Netherlands. In The Netherlands people speak the Dutch language, not to be confused with the German "Deutsch", although there are similarities. Don't confuse Dutch with Danish, which is spoken in Danmark.

    Now would you let me -perfectly legal- enjoy my Mary-Jane spliff while i 5h49 the brains out of this eastern-european rollergirl prostitute in toight pantz

    -- Isn't tzat weird ? Goldmember --

  58. Voted in favor of throwing out whatnow? by azaris · · Score: 1

    I see this writeup was written in the same straightforward style as is the norm in European Union legislative matters:

    "European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe."

    So they voted in favor. In favor of what? Throwing out something. So they voted against something. Against what? European Parliament's efforts to keep software patents out of Europe. So they voted in favor of software patents. Gotcha.

    1. Re:Voted in favor of throwing out whatnow? by avrincianu · · Score: 1

      Same opinion here. Yet the rest of the people seem to rejoyce. Are _we_ the lunatics ? Hm....

    2. Re:Voted in favor of throwing out whatnow? by avrincianu · · Score: 2, Funny

      After I've RTFA it's obvious, the original poster is probably a lawyer. The meaning is the complete oposite of his words.

  59. Re:How are "No Software Patents" a Good Thing(tm)? by Ice+Tiger · · Score: 1

    How do you think Microsoft started? It was two guys writing BASIC for the Altair. If software patents had been in around then, the first person to patent a BASIC interpreter for ANY computer could have stopped anyone in thier tracks from writing an interpreter for that language. Thus there probably would have been no Microsoft.

    Copyright is different from patents, the latter protects an idea the former an implimentation of that idea. Unfortunatly the broad nature of patenting ideas will lead to only those with lots of money (i.e. corporations) being able to reap the rewarsds of thier ideas. The barrier to entry will be too high.

    You comparison with China is quite apt because instead of the government telling you what software you would be allowed to use it would be corporations.

    --
    "Because we are not employing at entry level, offshoring will kill our industry stone dead."
  60. Re:Never trust the Dutch by Mister+Liberty · · Score: 1

    Yes, they always lie. BJ (Dutch)

  61. UKIP by Anonymous Coward · · Score: 0

    UKIP voted firmly against s/w patents last time when they had three seats. They now have 12. Greens and SNP are against s/w patents (but dont have many seats). There will hopefully be more opposition to s/w patents from the UK this time round.

    Time to write to UKIP, Green and SNP MEPS!

    (If voting doesnt work this way, apologies, politics isnt something i follow)

  62. Re:A mind is a terrible thing to confuse with an e by julesh · · Score: 2, Funny

    Ah, thank you. You put me in mind to go and look up this:

    Bernard Woolley: "Now, may I just have your approval for this Local Government Allowances Amendment Number 2 for this year's regulations."
    Jim Hacker: "What is it?"
    Bernard Woolley: "It is a Statutory Instrument to be laid before the House. As Minister responsible for local government we need you to authorize that the revised Paragraph 5 of Number 2 Regulations 1971 shall come into operation on March the 18th next, revoking Regulation 7 of the Local Government Allowances Amendment Regulations 1954(b)."
    Jim Hacker: "What the hell does all that mean?"
    Bernard Woolley: "It is all right, there is an explanatory note, Minister. These Regulations are to make provisions for prescribing the amount of attendance and financial loss allowances payable to the members of local authorities. Explanatory note: Regulation 3 of the Local Government Allowances Amendment Regulation 1971 ("the 1971 regulations") substituted a new regulation for Regulation 3 of the 1954 Regulations. Regulation 3 of the Local Government Allowances Amendment Regulation 1972 ("the 1972 regulations") further made amends Regulation 3 of the 1954 Regulations by increasing the maximum rates of attendance and financial loss allowances. Regulation 7 of the 1972 Regulations revoked both regulation 3 and 5 of the 1971 Regulations, Regulation 5 being a regulation revoking earlier spent regulations with the effect from 1st April next. These regulations preserve Regulations 2 and 5 of the 1971 Regulations by revoking Regulation 7 of the 1972 Regulations.
    Jim Hacker: "And that's an explanatory note???"


    From Yes, Minister (of course).

  63. Re:Nederland by Anonymous Coward · · Score: 0

    English only here! No soccer talk allowed! Mods, a yellow card for this person please!

  64. I don't call myself Dutch by KamuSan · · Score: 2, Informative

    English-speaking people do.

    1. Re:I don't call myself Dutch by endx7 · · Score: 1

      You appear to speak English.

    2. Re:I don't call myself Dutch by KamuSan · · Score: 1

      Nee, ik schreef het alleen.

  65. In yet other news... by Goonie · · Score: 1
    H.R. 6969, the Help Enrich Key Donors Act, was the subject of intense negotiation in the house Ways and Means Committee today. Rep. Fred Nurk (R-CA) stated that the bill would stay in committee unless his amendment to burn at the stake anybody that watches a rented movie twice before they return it is adopted, while Rep. June Cleaver (D-OR) echoed the concerns of teacher unions about a provision that required teachers to pass the standardised test they were giving to their student.

    Meanwhile, in the Senate, the equivalent version of the bill has been approved narrowly but looks set to cause considerable difficulties in conference if the House bill makes its way out of committee and is approved by the full House, due to an amendment sponsored by Sen. Edward Kennedy (D-MA) and Sen. Sam Brownback (R-KA) authorizing the expenditure of $50 million on lollipops for children with cancer and $50 billion for the continued development of the Ronald Reagan Memorial Non-Lethal (and non-functioning) Missile Defence Program. House Republicans are concerned about the lack of funding for a program with the name "Ronald Reagan" in it.

    The White House, whilst praising the addition of the RRMNMD program funding to the bill, nevertheless is under pressure by prominent Christian supporters to veto the bill over claims the it contains foriegn aid funding to countries where discussing birth control with teenagers is not a crime incurring the death penalty. In addition, a coalition of the ACLU, MPAA, and the AARP have announced they plan a court challenge to some of the bill's provisions. Likely to end up in the Supreme Court if the bill is ultimately passed, experienced court watchers are already placing their bets on the balance of the likely court challenge.

    Well-informed sources, when questioned about the issue, stated "what's this bill actually about again?"

    Sure, the wheels of European bureacracy are arcane, but the ones in Washington can be just as obscure.

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  66. Re:HA HA HA HA HA... by Anonymous Coward · · Score: 0

    It meant "it may sound funny now, but eventually that sort of thing will be commonplace".

  67. They voted...... by Anonymous Coward · · Score: 0

    originally for the opposite inclination to the reverse action of not acting against the motion to prevent software patents from not becoming contrary to the law in Europe.

    Yesterday, they changed their vote.

    Simple!

  68. Re:Annoyed by the soccer results? by l3v1 · · Score: 1

    when we was robbed by the fucking Swiss greengrocer bastard cocksucker of a referee [OFF] you most certainly know there are quite some of us out there who wouldn't agree with this neither the contents, nor the low language flambait/troll [/OFF] as for the hardly sudden Dutch opinion change, a very good thing in this case; but in my opinion a vote should be a vote, not a money/lobby-dependent joke - once cast, cast for good

    --
    I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  69. Re:Never trust the Dutch by pmhudepo · · Score: 1

    I guess most people wouldn't understand Free University Compiler Kit abbreviated like you did :-) At first, I thought you had flunked a few classes this year and wanted to share your unhappiness...

  70. Great! Will Denmark and Poland follow? by TorKlingberg · · Score: 1

    This is great! Hopefully, Denmark and Poland might follow. They were both very hesitant, but gave up to the pressure in the end.

  71. Software patents CAN'T work correctly by NigelJohnstone · · Score: 2, Insightful

    Even if you think there is something between the idea and the implementation, some sort of 'middle' uniqueness that can be patented, a patent is completely useless at protected it!

    Consider the Google pagerank patent, how can Google know if anyone other search engine is using pagerank?

    Even if search engines released their binaries, it would be next to impossible to reverse engineer all the binaries and locate the equivalent to the 'page rank' system in it.

    So any 'middle uniqueness' patents are worthless because infringements can't be detected.

    Setting aside all the history of algorithms not being patentable, this is a basic problem with software patents.

    That leaves patents on the idea itself, or patents on the implementation in code (which is already protected by copyrights, and trade secrets).

  72. 21st Century schizoid mean by Doc+Ruby · · Score: 1

    Why call it a "conspiracy", when the real word is "business plan", or "board meeting"? Why do candlelit anarchists get all the romance from "conspiracy" imagery, when fatcats do it every day in paneled boardrooms?

    --

    --
    make install -not war

  73. Re:Never trust the Dutch by Atrax · · Score: 1

    fffoooooommm

    -sound of humorous intent flying right overhead-

    --
    Screw you all! I'm off to the pub
  74. No "loss of softwware patents" by NigelJohnstone · · Score: 1

    "Okay, how is the loss of a software patent a Good Thing(tm) in a free-market economy? "

    Its not a "loss" of software patents, software patents are not permitted by patent law, the Commissioner concern and the EU patent office is trying to change it to *make* software patentable.

    All the software you see around today you was written without software patents.

    All the software you won't see around you tomorrow will be a result of software patents.

  75. Let's check International Law... by Anonymous Coward · · Score: 0

    Dutch Parliament Vs. European Council of Ministers

    Dutch Parliament - score 3
    European Council of Ministers - score 7

    ECM wins

  76. Re:How are "No Software Patents" a Good Thing(tm)? by Anonymous Coward · · Score: 0

    the point is, free market is the bad thing but if you change the point of view and look at it from a more non-immanent way of thinking you could understand.

    the point is, software can hardly be robbed, if you keep atleast one copy on your machine, for example. and well, the market will grow according to the need of software.

    you can spread your software widely over the internet with barely no costs.

    and liking someone for making workplaces is strange. i mean i wouldnt like microsoft for making nukes, even if they could give my friends some jobs.

    by the way, the most communists dont want maoism, or stalinism-leninism, but marxism (which has never existed like this, not russia, china, kuba and so on). and china is capitalistic too, but that's not the point of discussion. freedom of speech and so on are not part of the capitalistic ideology, its a economy model.

    oh and by the way, patents are non-capitalistic. it would be more capitalistic if any company could just take what they want from your ideas and then look who can sell better.

  77. I am officially confused by CrystalFalcon · · Score: 1

    The vote passed in May with the almost the minimum possible margin; only two votes above what was required. The Netherlands hold more than two votes.

    Changing the Dutch vote from an Aye to an Abstain (effectively a Nay, since it's the Ayes that count) should reverse the decision, withdrawing more than the two votes of margin. Something here just isn't factually correct.

    Perhaps someone from the FFII can shed light on the matter?

    1. Re:I am officially confused by Halo1 · · Score: 3, Interesting

      The problem is that Poland's vote (8 votes) was wrongly recorded at the meeting in May. However, in the mean time the Polish have gone from stating that they were still against but that there vote was not recorded, to stating that they were in favour of the "compromise". I don't know why or how, but the practical upshot is that we now need 5 more votes to break the qualified majority.

      --
      Donate free food here
    2. Re:I am officially confused by Anonymous Coward · · Score: 0

      Thank you for pointing this out! After reading up on this, I believe you might be right that the decision will be reversed.

      interesting URLs:
      http://kwiki.ffii.org/?Cons040518En (results of the vote)
      http://en.wikipedia.org/wiki/Qualified_Majo rity_Vo ting (explanation of the system)

  78. Re:How are "No Software Patents" a Good Thing(tm)? by Arend · · Score: 2, Interesting
    Because as an *author* of software I have certain rights. Copyright gives me certain privileges that I as an author of *my* work can expect to enjoy, like any other author.

    These privileges are taken away by software patents. Actually, some people go that far as to say software patents are illegal, because they breach international treaties:

    Article 10 WIPO, "Contracting Parties may, in their national legislation, provide for limitations of or exceptions to the rights granted to authors of literary and artistic works under this Treaty in certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.

    Software patents *do* "conflict with a normal exploitation" of your work as an author of a program, so Beauprez certainly has a point.

  79. Re:Nederland by Free+Bird · · Score: 1

    Either you're Dutch and really, really weird or you're just pretending to be. No native Dutch speaker would ever write anything like that.

  80. Re:Italy's furious! by ThinWhiteDuke · · Score: 4, Insightful

    Then there's Spain. I find the phrase "undermine political credibility in Europe" to be a laughable concept when an entire country changes its majority party in a radical direction because of a single terrorist bombing.

    Yeah. I always thought that the US reaction to 9/11 was such an impressive display of nuance, balance and wisdom.

    --

    It would be nice to be sure of anything the way some people are of everything.
  81. Re:How are "No Software Patents" a Good Thing(tm)? by CrystalFalcon · · Score: 1

    Okay, how is the loss of a software patent a Good Thing(tm) in a free-market economy?

    Short version:

    Patents are government-granted monopolies.

    Monopolies are bad for capitalism and the free market. Has been proven again and again and again.

    I can elaborate if you want, but that's what it boils down to.

  82. how can we tell? by samhalliday · · Score: 1

    so, is there a list somewhere where we can see each member's vote on the matter?

    1. Re:how can we tell? by TakaIta · · Score: 1

      Here's the result of the votes quoted from the proceedings. There wasn't an individual vote. One party, the VVD, voted against, all other parties were in favor. The VVD has 28/150 seats. On the English site of the Dutch parliament, you can find a list of all members.

  83. It wasn't a troll. My mistake, then... by TheTXLibra · · Score: 1

    Rather than answer each individual reply, I'll just do a blanket one.

    Oops, then. My bad. I was thinking of copyrights vs. patents. Obviously I misunderstood. My post was not intended as a troll, but rather a defense of the wrong idea. I remain unconvinced that patents are a bad thing, but I was unfortunately defending them while thinking "copyright".

    --
    -The Libra
    "Please be patient--The future will begin momentarily."
    1. Re:It wasn't a troll. My mistake, then... by Jane_Dozey · · Score: 1

      Patents arn't bad....at least not for real, physical, inventions. However, _Software_ patents arn't a good idea. They have a habit of inhibiting innovation and progress instead of encouraging it.
      It's a bit like patenting a book. It's silly. Copyright gives sufficiant protection to the authors.

      --
      Silly rabbit
  84. the scheme by Anonymous Coward · · Score: 0

    "The Dutch parliament opposes their minister's opposition to the amendments which opposed software patents."

    PRO - Software patents
    ANTI - the amendments oppose (software patents)
    PRO - the minister opposes (amendments opposing (software pattents))
    ANTI - The Dutch parliament opposes (the minister opposing (amendments opposing (software patents)))

    Ok, there. I think I understand.

  85. Re:HA HA HA HA HA... by Anonymous Coward · · Score: 0

    what do you mean?

  86. Re:Nederland by Anonymous Coward · · Score: 0

    I think he's Flemish.

  87. So if all this goes through .. by The+MESMERIC · · Score: 1

    By me just writing some excelling software I can get sued?

    Is that it?

    1. Re:So if all this goes through .. by Jamie+Lokier · · Score: 1

      You can always be sued. Even when you are completely in the right, and 100% legal, you can be sued. The question is whether there is any danger of you losing, or being caught in an expensive process which you cannot afford.

      If the European parliament position becomes law, then no, in theory you cannot lose a lawsuit for just writing excellent software.

      If the European Council of Ministers position becomes law, then yes you can be sued - for publishing your excellent software on your own web site, among other things.

      The latest Dutch Parliament decision is one positive step towards the first result: where you are relatively safe from lawsuits. However it is not yet enough; more steps of a similar kind from other countries are needed to ensure your safety.

      -- Jamie

    2. Re:So if all this goes through .. by The+MESMERIC · · Score: 1

      It is extremely unfair and barbaric if such law becomes true.
      I mean I might as well patent "a system whereby a software gets installed from a physical medium (CD, Flash, tape, etc)" - it's that stupid.
      Such law would only push good programmers to become illegal hackers - for sheer survival or sheer frustration.
      I am ashamed of living in a country that voted yes for the law. The Irish are the worse, real soul-prostitutes.
      English politicians have been pricks anyway for the last 20 years or so. First they destroyed our once excellent medical reputation; then our education; then scientific research - and if that wasn't enough; something that the English were pretty good at (computing) has been slaughtered by that Bush-Arse-Licker named Blair.
      From fast-track-Visas to IR35 they stiffled innovation/motivation and now this.
      I can't wait to get out of this shit-hole, England is dead.
      We have a moronic Queen that knighted Bill Gates ffs.
      My father fought the war for this? My uncle gave up his life for this? I should have moved to Australia when I had the chance.

  88. Re:A mind is a terrible thing to confuse with an e by pommiekiwifruit · · Score: 1

    I support the Dutch parliament in their opposition to their minister's opposition to the european parliament's formerly denied ammendments to the proposed legislation in favour of ammending the existing patent legislation to include software patents rather than just patents that include software. Do you support me?

  89. Re:they gave me the double double double double by Anonymous+Custard · · Score: 1

    Um... that wasn't offtopic, I was asking someone to clarify the confusing logic of what was voted on and what it means...

  90. Re:How are "No Software Patents" a Good Thing(tm)? by daijo78 · · Score: 1

    A simple analogy I think is correct. A songwriter can have copyright on his work for instance a blues song. But it would be very bad if he could patent the twelve bar blues, the technique of rap or perhaps a specific chord progression. Even if he invents a whole new way of playing like Jimmy Hendrix did it would be sad if that was enough for a patent wouldn't it?:) Same applies to software. You can protect your work (implementation) from copying but you shouldn't be able to protect the idéa like the wordprocessor, web browser, internet bank service, see-through windows, desktop themes, firewall etc.

  91. minutes of the parliament discussion by Anonymous Coward · · Score: 0

    Of course, these can't miss: Minutes of the parliament discussion.

    The secretary of state says she doesn't want to ask for a new voting procedure ("it would be quite strange if I would ask for a new voting procedure and abstain from voting myself"), but she does want to send a letter to her colleagues in the other member states.

    The supported motion is motion-Van Dam, #52.

  92. Re:A mind is a terrible thing to confuse with an e by Anonymous Coward · · Score: 0

    Do you support me?
    No, but I will oppose any opposition to you.

  93. Re:The use of butchers in international politics by Anonymous Coward · · Score: 0

    How is this offtopic? It is clearly trollspeak.

  94. Re:How are "No Software Patents" a Good Thing(tm)? by sploxx · · Score: 1

    I see it this way:

    Software patents are laws in the software world - laws which you can buy if you have enough money!

    Not that laws are not bought nowadays in other fields, but I have a problem with explicitely allowing that!

  95. But Blair is not a president. by reality-bytes · · Score: 1

    Blair is nothing of the sort. He is a Prime-Minister or 'First' Minister. He does *not* have any legal right to make arbitrary decisions like a president does.

    At best he has to agree emergency decisions with the civil service first.

    --
    Ripping an new rectum in the fabric of spacetime.
  96. Re:Never trust the Dutch by Anonymous Coward · · Score: 0
    >The Netherland is also nicked "Holland"

    'Holland' is actually two provinces in the Netherlands - 'North Holland' and 'South Holland' (Amsterdam - the capital city - is located in North Holland).

  97. Re:Never trust the Dutch by Anonymous Coward · · Score: 0
    Actually, 'Vrij' is Dutch for fuck. It sounds a bit like 'Vrije' as in 'Vrije Universiteit' whuch means 'free'.

    I wanted to go to university to get laid, but I only realised too late why it was called "The fucking university".

  98. BAN SOFTWARE PATENTS by BrahnTelpefin · · Score: 1

    Then our protests in the Hague weren't in vain!

  99. Now see I by Anonymous Coward · · Score: 0

    So to the Dutch
    George Lucas went
    to find those Star Warsy names.

  100. I voted... by Pflipp · · Score: 1

    ...for the EU council.

    For a party other than VVD (which contains many stupid cows, but not the least of them Bolkestein, who came up with the shitty patent idea in the first place).

    For a party which had an explicit statement on the Software Patents issue (SP), thereby being one of the very few with more than just general statements concerning the EU.

    This certainly feels like my vote was worth it.

    --
    "We can confirm that Debian does *not* ship the version with the trojan horse. Our version predates it." [CA-2002-28]
  101. Re:A mind is a terrible thing to confuse with an e by stuktongue · · Score: 1

    To paraphrase...

    "There are only two things I can't stand: People who are intolerant of other people's culture... and the Dutch!"

    -- N. Powers

    Toit since 1965 :-)

  102. governance by Doc+Ruby · · Score: 1

    I'm guessing you live under that system you described in such clear detail (thanks :). Do you like it? As an American, I like the idea of making government jump through hoops to make laws, as long as the hoops are out in the open, the same for everyone, and accept laws initiated easily by members of the public (with no "official" standing, though through official channels). It's expensive and time consuming, and subject to inefficient "design by committee", but that seems better to me than the kind of efficiency desired by people with power.

    --

    --
    make install -not war

    1. Re:governance by Halo1 · · Score: 1
      I'm guessing you live under that system you described in such clear detail (thanks :).
      I indeed live under it (I'm from Belgium), but the only reason I know it in detail is that I've been following this directive so closely for the last year. Before that, I had no idea at all how things worked.
      Do you like it?
      Not really. The Commission and Council are too powerful, the Parliament too weak. It's great there is a Parliament though, without them we'd be lost completely. They'll get slightly more power when/if the European Constitution is voted, but not much. It'll mainly codify the current power relationships, and add a few other undesirable things (like bluntly stating "Intellectual property has to be protected", without even defining what intellectual property is... I.e., banning software patents may even become unconstitutional)
      --
      Donate free food here
  103. Oh yes someone IS going to tell you... by brlewis · · Score: 1
    If I write some software, I be damned if someone is going to tell me how to market/sell/utilize it (short of national security breach).

    Oh yes they will tell you how to market/sell/utilize it. If the USPTO has accepted their patent application and they think you've reinvented the same thing, they'll try to tell you exactly what you have to do before any kind of marketing/selling/utilizing of your software.

    Never mind that software is not statuatory material for a patent in the US. Unfortunately, the USPTO and lower courts have contradicted the Supreme Court on this issue, and nobody has gotten a case back to the Supreme Court since 1981. Expect to be sued anyway.

  104. You are mostly wrong by Too+Much+Noise · · Score: 2, Insightful

    Some nitpicking first, as you seem pretty confusing (if not confused):

    Software is a process, done physically by a machine.

    really, now! Software is a set of instructions. What the GP meant is (I presume) that you can emulate the effect of executing those instructions on a cpu, in your head - very slowly indeed, but that's not the point.

    Software and programming is not a feild of technology. It is a feild of mathematics.

    This is a pure statement of your opinion, and many many many people would argue you (and win) wrong.


    This is a big confusing point. In most industries, the 'research' part and the 'implementation' part are treated separately. The first one is science, the second is engineering. The software industry choses to blur the line between 'computer science' and 'software engineering' to serve their benefits. Thus, while coming up with, say, a better crypto algorithm, belongs to applied math, implementing it belongs to programming.

    This leads to the main line of inquiry: which part of the software is being patented, the science one? the engineering one? both? The accepted rule was supposed to be that pure science does not get patented, as that would block scientific progress. This is quite blurred in applied science, which is what makes the debate open.

    The other point about software patents is the dynamics of the software field. History showed several times that active fields become stagnant when burdened with long-term patents - a short-term patent system is better for the market, as it forces the inventor to move forward instead of encouraging the current 'patent pooling and litigating' business model.

  105. Re:Awesome by Anonymous Coward · · Score: 0

    Uhhmm... I wouldn't be so sure about that. You see, theoretically, the minister can ignore the will of the parliament. If that would happen, they can vote to remove him -or the entire government- from power.

  106. This is not about proprietary software by Anonymous Coward · · Score: 0

    This is not about proprietary software but about software patent.

    Software maker (proprietary or not) and software user/customer should fear software patent.

    Software patent do interest IP lawyer and might interest monopolistic or wanna be monopolistic software maker... But even Microsoft can suffer software patent, maybe they benefit more than they suffer it.

  107. Re:How are "No Software Patents" a Good Thing(tm)? by Jorj+X.+McKie · · Score: 1

    Good analogy. I think that the basic principle should be that you can protect the expression (copyright) or the implementation (patent) of an idea, but you can't protect the idea itself. This is why "one-click ordering" was a bad patent. Sure, protect Amazon's implementation, but if anyone else wants to build their own, they should be free to do so.

    --
    I remember your eyes, on the twelfth of July...
  108. Good Troll; responders missed the best part by brlewis · · Score: 1

    You set everybody up with a great troll, but none of the first twelve responders even brought up the connection between Microsoft's success and the anti-trust suit against IBM. I'm afraid that carefully crafted "they are the reason you have a job" part of your troll just fell on deaf ears.

  109. slight correction by brlewis · · Score: 1

    Even though nobody mentioned the anti-trust suit, I should correct myself: there was one response to that part of the troll, the "what if someone else patented BASIC" post.

  110. Minister _not_ forced to abstain from voting by baafie · · Score: 1

    Both this /. article and the title of the FFII press release are misleading.

    "According to an FFII press release, the Dutch Parliament yesterday voted to change its Minister's vote, which was in favor, to an abstension."

    This is not correct. The Dutch Parliament does not have the power to change its Minister's vote.

    The FFII new release title: "02/07/04: Dutch Parliament forces Minister Brinkhorst to withdraw support for software patents directive"

    However, the first line of the same press release states: "..the Dutch Parliament voted to urge Minister Brinkhorst and Secretary of State van Gennip (Economic Affairs) to withdraw the Dutch vote in support of the Council of the European Union's text for the Directive on Software Patents."

    In other words, the Dutch Parliament has urged the Minister to change the Dutch vote. The Minister has the right to disregard the Parliament's urging and keep the Dutch vote as it is (in favour of software patenting).

    However, if the Minister disregards the Dutch Parliament, he risks a motion for his own dismissal. If the parliament files this motion, though, it risks getting the entire government dismissed, if, and only if, the Prime Minister resigns because of the upstir. The Dutch Parliament may not be willing to take that risk, because many of the MP's are members of parties that are in the government.

    The battle on Dutch ground is not over yet. Freedom wins the first round, though.

    1. Re:Minister _not_ forced to abstain from voting by Halo1 · · Score: 1
      In other words, the Dutch Parliament has urged the Minister to change the Dutch vote. The Minister has the right to disregard the Parliament's urging and keep the Dutch vote as it is (in favour of software patenting).
      The State Secretary has literally stated they will abide by the motion, so it is correct to state that the Dutch support for software patents has been withdrawn. The parliament did not force them in a juridical way, but in a political way.
      --
      Donate free food here
    2. Re:Minister _not_ forced to abstain from voting by baafie · · Score: 1

      Are you sure that's not an error in the word processor used on the transcripts? ;)

  111. Incorrect information! by j8)st · · Score: 1

    I went on and read the transcript available from the Dutch Parliament website and it appears there have been TWO motions, the first one (motie-Gerkens/Vendrik, 21501-30, nr. 51, ordering the minister to change his vote) was not accepted, the second one (motie-Van Dam c.s. 21501-30, nr. 52, ordering the minister to communicate the parliament's concern and to not support the patent law proposal in the future) was accepted. Sorry to disappoint everyone (including myself), but that's what the transcript says.

    1. Re:Incorrect information! by baafie · · Score: 1

      I'm afraid you misinterpreted the transcript.

      The first motion (motie-Gerkens/Vendrik, 21501-30), was not to order the the minister to change his vote to no; it was to urge the minister to change his vote to no. This motion was not accepted.

      The second motion (motie-Van Dam c.s. 21501-30, nr. 52) was to urge the minister to abstain from voting. This motion was accepted.

      A clarification of the second motion (Dutch): "De heer Van Dam (PvdA): Zal ik dan helderheid bieden in deze discussie? Wat mij betreft kunt u de motie als volgt interpreteren. Er komt nog een formele bekrachtiging. Ik vraag van u niet meer dan dat u aan de andere lidstaten laat weten dat u geen steun geeft aan het raadsvoorstel. Ik vraag u dus niet om per se stemming aan te vragen. Ik begrijp ook dat het raar is om stemming aan te vragen en vervolgens niet tegen te stemmen. Wel vraag ik dat u op dat moment laat weten aan de andere lidstaten dat u niet kunt instemmen met het voorstel."

      Do your homework properly :)

    2. Re:Incorrect information! by j8)st · · Score: 1
      I think I did! Yes, I wrote 'order' where 'urge' is used.

      But that's not the essence of what I was saying. The essence is, there is a lot of fuss about the Parliament changing a vote that the minister already did, and that has not happened. So, the vote stays as it is, unless another vote occurs. In the explanation you quoted they even specifically state that they are not asking to ask for another vote. Typical Dutch compromise.

      To be 100% correct on the homework: The motion asks, not urges, the government, not the minister, to communicate the opinion to the other memebers of the EU, and asks, not urges, the government, not the minister, to act from this opinion and starting from this moment to abstain from voting on the current proposal.

      I don't know enough about the proceedings to know what the effect will be, but it looks to me that if nothing triggers another vote there will be no effect of this.

    3. Re:Incorrect information! by Anonymous Coward · · Score: 0

      Surely EU procedure requires a vote on the proposal? The previous vote in favour of a political position of the council can't have the effect of law can it?

      Confused.

    4. Re:Incorrect information! by Halo1 · · Score: 2, Informative
      But that's not the essence of what I was saying. The essence is, there is a lot of fuss about the Parliament changing a vote that the minister already did, and that has not happened. So, the vote stays as it is, unless another vote occurs. In the explanation you quoted they even specifically state that they are not asking to ask for another vote. Typical Dutch compromise.
      This is correct.
      To be 100% correct on the homework: The motion asks, not urges, the government, not the minister, to communicate the opinion to the other memebers of the EU, and asks, not urges, the government, not the minister, to act from this opinion and starting from this moment to abstain from voting on the current proposal.
      State Secretary Van Gennip has stated they will do both these things.
      I don't know enough about the proceedings to know what the effect will be, but it looks to me that if nothing triggers another vote there will be no effect of this.
      That letter and all this press attention is a huge effect. It's the first time a government publicly changes its opinion between coming to "a political agreement on a common position of the Council" and the formalisation of this position. The fact that they send this letter to other member states, is very bad for Brinkhortst's reputation and shows to other countries that it is still perfectly possible to change their opinion.

      Given that the Netherlands changed its opinion, they may also start thinking about the reason for which this happened. I.o.w.: a pretty serious political event, lots of press attention, a change for the good in the Dutch position. What better PR could you want?

      --
      Donate free food here
  112. The country is called Holanda in Spanish. by jotaeleemeese · · Score: 1

    Holland in English, use the other term and nobody will find it on a map....

    --
    IANAL but write like a drunk one.
    1. Re:The country is called Holanda in Spanish. by Paul+Jakma · · Score: 1

      You are wrong, the Netherlands is called el Países Bajos in Spanish.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    2. Re:The country is called Holanda in Spanish. by Paul+Jakma · · Score: 1

      Oh, and it's le Pays Bas in French and der Niederlanden in german, Ie "the low countries".

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    3. Re:The country is called Holanda in Spanish. by Paul+Jakma · · Score: 1

      I'm replying to this, rather than the actual (AC posted) post I should be replying to, so that you get to read it ;)

      The Netherlands/low-countries did once upon a very long time ago consist of more than it does now. However, the French spun off several provinces into the seperate states of Belgium and Luxembourg. See the wikipedia entry for the seventeen provinces. As that entry notes, one must be careful if one wishes to distinguish between the Netherlands as it was then and the Netherlands as it is now. However, this problem applies to nearly all European countries, as, other than countries whose borders are immutably defined by geography (eg island nations such as Ireland and Britain, and even these two have different borders and state of nationship at differing points in history.), borders, indeed entire states, have waxed and waned through history, including Spain.

      However, the fact remains that there is no such country as Holland or Holanda and that the name of the country is Nederland (in dutch), the Netherlands in english and, most definitely, los Paises Bajos in Spanish :). Just to emphasise the point, please visit the website for the website of the dutch embassy in madrid, http://www.embajadapaisesbajos.es/.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  113. Re:Never trust the Dutch by Anonymous Coward · · Score: 0

    I always thought it was "holes"

  114. MOD DOWN: Troll or Overrated by Anonymous Coward · · Score: 0

    The parent poster is a regular astroturfer. Please mod the parent down.

  115. We (US) AMERICANS have saved their Dutch .....\ by Anonymous Coward · · Score: 0


    We (US) AMERICANS have saved their Dutch butts in WWII and again in Korea. What have they done since? Smoke POT and put a SLUT on the ground floor of every APARTMENT building. ... hm, now that's not bad but neither is SITTING on your ass all day.

  116. Do it yourself... noone is forcing you by r6144 · · Score: 1

    Generally you should not expect the laws to help you profitting from your invention/software/whatever, just as they usually should not hinder you from making profit. People have had profit from their inventions before patents ever existed, they just have to do all the protection themselves if they want to limit the use of their technology, and one reason patent laws (and also copyright laws in this respect) are created is just because it seems to be inefficient (not really unfair) to have everyone do the protection themselves. You should also rely on yourself rather than blaming the laws not containing explicit provisions to help you.

  117. Re:A mind is a terrible thing to confuse with an e by richmaine · · Score: 1

    Yes, we have no bananas.

  118. According to an FFII press release by Genza · · Score: 0

    According to an FFII press release
    A press release in which you collect items and gain experience for multiple characters in order to defeat progressively more difficult opponents. Coming soon for Game Boy Advance!

  119. Re:Italy's furious! by Anonymous Coward · · Score: 0

    Then there's Spain. I find the phrase "undermine political credibility in Europe" to be a laughable concept when an entire country changes its majority party in a radical direction because of a single terrorist bombing.

    Ill informed as that comment may be, its a very very crude but somewhat apt comparison to the patent topic.

    About bombs
    In case of spain there was a bombing, some bombs failed to detonate leaving the cell phones that were supposed to be the trigger intact. Tracing the origins of those phones must have taken minutes. They belonged to known suspected muslim fundamentalist (iirc even came from a phone shop owned by one). Yet the elected government kept claiming that they suspected ETA was behind all this. Now when no one knew about the collected evidence people toke these government comments very serious. Then slowly the idea began settling that the ETA which Aznar had been fighting harshly may not be behind the bombing. During this Aznar kept claiming it could very well have been the ETA. Aznar had lied not to protect his people or whatever, he had lied to win have a chance at the election. He didn`t lie about his own past, he didn`t lie about business dealings of himself or friends/relatives, he didn`t lie about his sex life. He lied about a national tragedy that upset *everyone* just to have a chance at saving his power.

    Now for the US centric readers another crude "translation" in the tradition of slashdot: Imagine a huge bombing in the US killing hundreds a week before the presidential election. Bush is on the rubble in seconds, vowing to destroy ever left bit of al qaida, hunt "them" down etc. Slowly rumors start to appear that Christian fundamentalist are behind the bombing, perhaps even associated with groups that got controversial funding from the bush administration..... Bush says: It wasn`t Americans, its those al-qaida people I have been fighting so hard, join me in the fight vote for me and I will finish this. Then the arrests of Christian fundamentalist start.... Will you vote for bush after "only two" major terrorist acts? (to quote "wag the dog", "changing a bet mid race?")

    I know this isn`t a "nice" neat and PC story but I hope it tickles the imagination just right. Also about the "change to.... a radical direction" wording, few people in spain supported the invasion of iraq. They were not likely to vote for Aznar becouse of his support to the US even before the bombings. (btw: spain wasn`t the only European country that was not mentioned by bush during his infamous irish interview. "Really what you're talking about is France, isn't it?" priceless, where do you get such a guy? Though now somehow half the US seems to think most of the world agrees with them.

    Back to patents
    In the Netherlands a minister voted in the european commision. He just needed the backup of his national pairlement. He claimed he voted on a technicality (Who cares for "minor" changes to patend law anyway) and that he voted in line with the wishes of the (elected and after some debate clued in ) European pairlment. Thing is if there was consensus in the EP then it would be that the patent law proposals needed lots of amendments to make it work (ie no to software patends instead of yes). Amendments that werent there in the text voted on. Some dutch slashdot readers (You are here right?) dressed up, went to the pairlement explained they were misinformed (lied to) by a minister. Rather then having the minister fired which is the usual procedure. he was send back to brussels to change his erroneous vote. (stupid word processors, who makes these things anyway, on an unrelated note, microsoft will be sponsoring the dutch presidency/hosting of the European commission this year just like the irish one).
    The slashdot geeks even toke the time to figure out that changing ones promised vote before the formal vote may be unconventional

  120. wrong, indeed by Anonymous Coward · · Score: 0

    "Software is a process, done physically by a machine. I would like to see you run Quake II in your head, and make it work. You can't your example, at least to me, is not making any sense. We coders run segments of code in our head (barely), it is not humanly possible to run millions (billions) of lines of code in our heads."

    I find this an extremely irrelevant argument. You say you can run segments of code in your head, well then, logic dictates, since the smallest software can only involve a few lines, it is fully possible for a coder to at least run simple progs in your head.

    A brain is in essence nothing more then a biological computer, which is, indeed, slow and not very good at running complex code. So?

    In that case, while your example of 'running Quake3 in your head" on itself true might be true, it has no argumental value. Software patents do not, and can not, set an arbitrary line on the amount of codelines to determine if it can or can not be patented. Therefor, if you patent software, you also patent software that is simple enough to be run in the head of a coder.

    Thus, all of the above arguments of the former poster stands, and you did nothing to actually counter them in a meaningful way.

  121. Just Holanda in Spanish. by Anonymous Coward · · Score: 0

    I am Spanish. The country name is 'Holanda'. 'Países Bajos' or 'los Países Bajos' is the literal translation to Netherland. It is another to call it, but the official name of Holland in Spanish is 'Holland'. Sometimes 'Países Bajos' not only refer to Holland, but also some parts of Belgium.

    1. Re:Just Holanda in Spanish. by Anonymous Coward · · Score: 0

      Ok sorry, y missed previous post. Then true 'Países Bajos' is exactly 'Netherlands'.

      Saludos.