Slashdot Mirror
EU Software Patent Law Moves Forward
Zygfryd writes "Just when we were all celebrating, the Polish Press Agency (PAP) reports that the Patent Directive is not likely to return to the first reading as the Commission may ignore the Parliament's vote on restarting the process. Revisions are said to be still possible, but under political pressure the Polish government stated they would no longer oppose the directive's adoption and support the former agreement made in May. Polish diplomats will, however, support any opposition initiated by other countries on the February 17 meeting." At the same time, drseuk writes "The Spanish Senate has just voted against Software Patents. This should hopefully require the Spanish EU representative to vote against any attempts by the Council of Ministers to ignore the will of the European Parliament's Legal Affairs Committee."
So what point is the Parliament if it doesn't even have the capability to influence procedural issues within the EU superstructure?
Though I am afraid I don't know as much about how all of this works as I should, it seems this entire mess ought to be a real wake-up call to the people of Europe that they have given too much power too quickly to an entity without enough democratic safeguards. Either the EUs power needs to be scaled back, or the democratic influence needs to be expanded to give the EU responsibilities to the people in proportion to the powers it holds. Unfortunately I fear that this is an issue that the average person will not understand well enough to realize the significance of what has happened.
Hey, Europe, do you want to be a significant software player, or do you want America to have the ability to artificially lock you out of the market? Because the ONLY people who benefit from this patent directive in ANY way, and the only people who are promoting it, are American companies... and they are NOT promoting it for YOUR benefit.
The EU system has been shown to be such that American companies can engineer and pass EU-wide legislation for their own benefit and there is apparently nothing either you, or your elected local governments, can do to stop it.
The current EU system looks geared towards creating corporate legislation. My observations are based, though, on only the tiny press the EU government gets in the US, and seen largely through the prism of this ongoing EU patent debate. Please correct me where I'm wrong.
Every time the EU government demonstrates that it rejects patent law, it springs up again immediately. Why not? Just a cost of doing business, until it finally passes. Meanwhile, people without a profit motive get "opposition fatigue" - some of the outrage at first being confronted with these artificial monopolies goes away merely with repeated contact, though the opposition remains. Something like a "three strikes and you're out" rule for laws, where a policy repeatedly fails in its process, should be applied. At least such failed policies attempts should produce a new policy statement, to the effect that no such policy is in effect, despite much deliberation. To be considered the next time such a policy is attempted.
And how can it be possible that the Spanish EU rep can misrepresent the Spanish Senate decision for Spain? Or that Dutch traitor last year? That sounds like sedition to me. What's the power hierarchy here? The parliament exerts its power, merely to suggest something to an unelected bureaucrat, who's unaccountable when ignoring it? The whole contraption is completely geared in favor of corporate gaming, and against any sensible representation of the people.
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make install -not war
"apparently nothing either you, or your elected local governments, can do to stop it."
Actually, the problem is that you, your elected local goverments, et. al. could stop this if you wanted to badly enough to actually try, instead of just moaning about it.
Those who want software patents are taking positive steps ( $$$ ? ).
What are YOU doing?
There is not nearly enough love in the world, but there is far too much trust.
Originally the commission called the shots and Parliament just monitored them.
Then the commission grew too strong and the countries objected, so a co-decision process was created to bring more democracy into the EU.
The Parliament and Commission are supposed to agree a compromise under the co-decision process.
The Council of ministers can bypass this (which they did thanks to Brinkhorst telling porkies).
JURI has concluded that Commission are misleading Parliament and the wording they want DOES make software patentable. Commission still claims it does not.
Commissions response to Parliaments request to restart in a more honest transparent way seems to be a diplomatic "FUCK YOU".
Its no longer about patents its about accountability, democracy and the Commission walking all over the co-decision process.
If the Commission can walk all over the Parliament like this then the Parliament has to be strengthened. It is the only democractic part of the EU.