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Poland Blocks European Software Patent Vote, For Now

Anonymous Brave Guy writes "Thanks to the Polish Minister of Science and Information Technology, Wlodzimierz Marcinski, Europe has dropped the current proposal for software patents. He made a special journey to Brussels to withdraw the proposal, basically in protest at the way the patents were being pushed through by the back door. Since the European presidency is about to pass to Luxembourg, this has effectively killed the idea, at least for the immediate future." More at FFII (Foundation for a Free Information Infrastructure). This means that the promised move to delay actually worked.

24 of 372 comments (clear)

  1. some people by Numtek · · Score: 1, Interesting

    Luckily some people still vote right

  2. EU pressure? by Jinjuro · · Score: 4, Interesting

    Maybe the EU saying no to software patents will have some sort of influence on the US. Especially if people in Europe could make it a point of contention.

  3. Thank Poland! by geegs · · Score: 5, Interesting

    EU readers please Thank Poland!

    1. Re:Thank Poland! by pe1rxq · · Score: 2, Interesting

      There is an checkbox option to indicate if you are from the EU... So indeed, don't hesitate if you are from outside the EU.

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      Secure messaging: http://quickmsg.vreeken.net/
    2. Re:Thank Poland! by Jugalator · · Score: 4, Interesting

      Make sure you thank them for last time too. :-)
      Yes, this is the second time Poland stalls this directive.

      Let's see if we have others getting this through their thick skulls so we don't always have to rely on Poland. :-) Not that they seem unreliable in this matter, but you never know, and I'd rather have a sizable group of countries against this so the companies interested in this directive will give up.

      --
      Beware: In C++, your friends can see your privates!
  4. Re:In Other News... by Rod+Beauvex · · Score: 2, Interesting

    Are there software patents in Canada?

  5. Go Poland by finkployd · · Score: 4, Interesting

    That is twice now they hav saved Europe's ass. Being the first to break the German's Enigma machine and now this.

    Granted in the whole scheme of things, that first one might have been a little more important.

    So I never understood this, why does Poland seem to end up being the butt of jokes? Or is that just a US thing?

    1. Re:Go Poland by pmc · · Score: 3, Interesting

      It's complicated.

      The enigma machine was a single component in a cipher system - the procedures by how the machine was used, how the rotors were selected, how the signal was set up were all other components.

      The Poles did two things - they broke an early cipher system based on the enigma machine, and to do this they had to figure out some things that, as it happened, remained the same during WWII - particularly the wiring of the machine rotor interface.

      They handed over all their work to both Bletchley Park and the French Intelligence Service because a) they were about to be invaded and b) recent changes in the cipher system used around enigma had changed, rendering their technique ineffective. The French didn't do much with it, but Alan Turing (amoungst many others) at Bletchley Park managed to figure out a systematic way of breaking any cipher system based on the enigma, and this intelligence - codenamed Ultra - was immensely significant during the war. Even with this head start there were still long periods during the war when enigma could not be broken due to system changes.

      So without Poland it is fair to say that the Allies probably would not have broken enigma. Bletchley Park had basically given up pre-war, and they would not have caught up if Poland hadn't shown them the way. Equally, for all the acheivement of the Poles, their breakthrough would have been for nought as the newer cipher system had surpassed their resources even before the start of the war.

    2. Re:Go Poland by elgatozorbas · · Score: 2, Interesting

      Can you please read my post again... the part about "Hollywood History of the World" in particular. I was referring to how in almost every Hollywood movie, the Americans are there to save the day/make the sacrifice. The major hollywood movie about Enigma wasn't about the Poles or Bletchley park, but a US submarine.

      Ok, in that case, please accept my apologies. I interpreted you statement as "You should not believe what Hollywood movies say [assuming they give credit to Turing], because actually the Americans cracked the Enigma".
      I have only read books on the topic, never saw the movie you're referring to. I should have known better than to think the Polish, French and Brittish contributions could not be overshadowed in any such movie... Naive indeed.

      Z

    3. Re:Go Poland by Sique · · Score: 2, Interesting

      No. The Silesian Knight Army was defeated by the Mongols at Legnica. It was just that the message of the death of Djengis Khan had arrived at the mongolian army at this time (even though Djengis Chan was dead already for 14 years), so the mongol leaders decided to go back to honor the grave of the great Khan (not so important) and secure their part of the heritage (probably the real reason for the retreat).

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      .sig: Sique *sigh*
  6. Why Poland ? by MosesJones · · Score: 4, Interesting


    Its unlikely that Poland would have done this as a pure solo effort, for fear of a backlash. There must have been others behind the scene agreeing with the position, with Poland making the defiant stance.

    Does this mean that Poland acted as the front for a number of smaller countries. Or did a politician REALLY make a stand based on principle against all commers.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Why Poland ? by e6003 · · Score: 2, Interesting

      Apparently (according to the nosoftwarepatents.com link posted earlier) FFII Poland has been particularly active in helping Polish ministers to understand the issues. It could also help that Poland has no real hi-tech industry of its own (AFAIK) to lobby FOR patents but may see its future economic growth as being in that direction. I'm still angry with my own (UK) Government for refusing to listen and blatantly following the UK Patent Office's agenda (the UKPO has been one of the strongest pushers FOR software patents) - after the meeting organised earlier this month I still can't decide whether it's malice or just incompetence. Reports are that experienced software developers almost fell about laughing at the Government's proposed "technical effect" test, which is what they use to distinguish patentable from non-patentable software: the only trouble being that they refuse to define "technical" and the European and UK Patent Offices have made it plain that they consider almost any software to have a "technical effect"...

  7. Great day :-) by Jugalator · · Score: 4, Interesting

    He made a special journey to Brussels to withdraw the proposal, basically in protest at the way the patents were being pushed through by the back door

    Cool, someone got it.

    Here's hoping this action by Poland will make MORE clueless ministers go "huh? why did he feel it so necessary to stop that" and actually start reading up on the subject.

    I fear the software giants will bring up this over and over again as long as EU says "no" though. :-/

    --
    Beware: In C++, your friends can see your privates!
  8. What about international agreements? by Lodragandraoidh · · Score: 2, Interesting

    Given the recent bittorrent raids in Europe at the behest of the MPAA etc..

    What agreements are there between Europe and the U.S. concerning patent law?

    I know the Berne Conventions have established parity between the U.S. and Europe regarding copyright law - essentially making U.S. copyrights enforceable in Europe and visa-versa. Are there similar agreements regarding patents?

    If so, European developers may not be off the hook. Sure European companies won't be able to create software patents - but that wouldn't stop Microsoft or other U.S. companies from enforcing their patents.

    Is there a lawyer (or someone that passes for one) in the house?

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    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  9. Re:Only Twice? by Anonymous Coward · · Score: 1, Interesting

    And don't forget about the Battle of Vienna.

  10. Wlodzimierz Marcinski - He understands IT! by Handbrewer · · Score: 5, Interesting

    He has been an IT manager in private business and studied Mathematics - i almost wet my pants of happiness as i read his CV.
    This is one politician i want to decide such matters as he actually has knowledge of what he is doing. Im so glad Poland is now in the EU :) - Heres to Wlodzimierz Marcinski!

    I wish we had politicians like him in Denmark when we decide IT politics :\

  11. Agriculture and Fisheries?! by CrazyWingman · · Score: 2, Interesting

    The Software Patent Directive has been withdrawn from the Agenda of the Council of Agriculture and Fisheries.

    Have I really not been paying enough attention to realize that when people said, "it's being pushed through the back door," that this is what they meant? Or does the EU have strange, overgrown branches of government (such that Agriculture and Fisheries really does control software rulings)? Or was this just a joke from the FFII?

  12. Re:Polish jokes by Bob+Lambeau · · Score: 2, Interesting

    Up here in the upper Midwest (for me and a lot of people being Polish) the Dumb Polack (DP) jokes ended Dec. 13 1981.
    I heard a couple a day or two later but it really came to a halt with that. I don't know what it was like on the east cost, but here it was like just being a Pol meant your WERE and always would be stupid
    Thank You Gen. Jaruzelski

  13. Re:Software patents make more sense than copyright by Pantheraleo2k3 · · Score: 2, Interesting

    One argument I use against software patents is what happened in the 80s with the IBM PC. They had a monopoly on that particular architecture. So another company (I think it was Phoenix, please correct me) did some clean-room engineering and produced a compatible BIOS, enabling competition. Had IBM patented the BIOS, there would have been no competition and the entire PC industry could have turned out differently

  14. Re:Well by Bingo+Foo · · Score: 1, Interesting

    Poland once again shows its resolve to stand against totalitarianism.

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    taken! (by Davidleeroth) Thanks Bingo Foo!
  15. An unusually insightful post - MOD IT UP please by Anonymous Coward · · Score: 1, Interesting

    This is one of the better posts I've seen on Slashdot, and about the chilling effects of software patents.

    Thank you for making it. It ought to go into a compendium of the negative effects on Software Patents.

    I'd only add the effects on Digital Cash as well. This was locked up until the past few years. But during the late 90's, it was a prime reason why no one else pushed the idea much. And then the company which owned the Patents folded, no less.

    A case of stopping the development elsewhere; and hindering the assets that it had. Oh yeah, another classic case of how Software Patents can have a very negative effect on development.

  16. Re:atmospheric pressure by Doc+Ruby · · Score: 2, Interesting

    I agree. I want the US to be part of Kyoto, and have posted extensively so on Slashdot. I also want to be realistic about the nature of our problem: those American cars contribute to much of the productivity, as well as the electricity (eg. aluminum refining is a huge electric consumer). And American power generation/consumption, largely led by California, is among the cleanest in the world. It's not clean enough, and I want the US to lead the world the way California leads the US.

    The US "economy" (there are actually many here, more separated every day) represents the main problem: overconsumption and waste. Not necessarily inefficient waste of energy, but the overall waste of vast disposable unnecessary consumption. Many social problems are ignored by consuming instead, like an alcoholic from a broken home, perpetuating the problems. We need to fix those, before we've used up the resources we've already pushed to the breaking point. But exaggerating the problems, especially America's role, is a sure way to alienate the worst victims/perpetuators of these problems: the ignorant, alienated Americans who get nothing but corporate propaganda from their monopoly media. We're all connected - we need to stick together to get through this nightmare.

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    make install -not war

  17. Re:I've understood differently by NoOneInParticular · · Score: 3, Interesting
    Good question.

    The difference lies in the pressure from their home markets and the place where they can develop software. EU companies can safely develop their software for their home market undisturbed by considerations of patent law, and even get a few strategic patents in the US. Once they grow big enough to make the jump over the big pond, they have plenty of time to prepare themselves to cope with US patent law. They will also be big enough to start cross-licensing agreements etc. If need be, they can buy the licenses for the rights they miss. Only for the USA.

    No such luck for US companies. They will have to cope with software patents from day one if they want to grow in their home market. This will hamper their growth and potentially kill their business early on. Furthermore, if they survive this and want to start selling their software abroad, they can not easily ignore patent law, even for software only sold outside of the United States. This because the software will be *developed* inside the US, and on this the patent holder can but a stop to it. Even if it's not sold in the US, patent law makes it illegal to actually manufacture it.

    So if they want to make the move to the rest of the world with patent encumbered products, they'll have to move the development (design, architecture, etc.) to a place outside of the US as well. In practice they will cease being an US software company. Of course they can also obtain the necessary licenses for the patented software, but they will be competing in the rest of the world with local companies (that are not operating in the US) that do not have to pay this patent tax.

    Most importantly however, certain types of software will simply not be made in the US. I personally was involved in a scheme like this, where in the early nineties I worked for a company that independently developed something that turned out to be patented in the US. The one that patented the general technique did not really build a business out of it, but the existence of the patent itself has kept all possible competition from the US at bay. Nobody would invest in anything remotely connected to it because there were litigation issues involved.

    The only competitor this company has seen in the US that uses a technique similar to the one we've been using all this time went to great lengths to establish a patent of their own that was significantly different from the original patent. We however could safely develop the technique, use and sell it in Europe, grow, develop alternative techniques as a second plan, attract investors, while in the meantime we've collected sufficient prior art to annihilate this particular patent if need be. This company is now operating in the USA as well without any problem or direct competition as the US inventor has preemptively killed all US competition.

  18. Re:atmospheric pressure by Doc+Ruby · · Score: 2, Interesting

    I didn't say that the US is the best at making money, therefore most environmentally friendly. What I said was that the US produces 35% of the product, with 25% of the energy. That's productivity. The hundreds of millions of Chinese and Indian people who don't produce, but endure the consequences, are also bearing the consequences of their Chinese and Indian neighbors, who pollute much more: per capita, per production, per watt, any way you slice it. In that respect, the "us" and "them" lines drawn by country are aribitrary, except as a solution to the pollution problem: national governments have the power to improve productivity per pollution. Since macroeconomics limits the total production, that means lowering pollution.

    I'd like to see China and India apply California emissions standards to their cars. And I'd like to see the USA join the Kyoto regime, as a start. Later the regime, or another that follows once we're doing that kind of thing, can more agressively reduce global pollution - for example, by making India and China meet the same kinds of standards as the USA. We're already more productive per pollution, per watt, per dollar - we ought to get them to join the playing field where we can outcompete them, benefiting economically, and reduce pollution, too. The world is becoming so small that pollution control ought to reflect the same practice as a party: the reduction in smoke is determined by those most sensitive to smoke- not determined by who's got the biggest cigars.

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    make install -not war