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European Parliament Rejects Software Patents

heretic9 writes "The European Parliament unanimously rejected the software patent bill recently put before it. Hugo Lueders of CompTIA, a pro-patent lobby group, said that the benefits of the bill had been obscured by special interest groups, which muddied debate about the rights and wrongs of software patents." Meaning, essentially, that the Conference of Presidents got its way.

83 of 357 comments (clear)

  1. The Europeans Get It Right, Again by the_mad_poster · · Score: 4, Insightful

    Another example of the far more sensible approach our friends across the pond take to things. Even though the majority of people are citizens, not corporations, we only value the corporations when it comes time to protect "people" over here in america because they have the majority of money.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:The Europeans Get It Right, Again by JeremyGL · · Score: 2, Interesting

      I don't think you can attribute this to things being more sensible over here. In this instance I think we just got lucky (or got some politicians who have figured out that patents will mainly benefit large corporations, most of whom are American)

      Cheers
      Jeremy

    2. Re:The Europeans Get It Right, Again by stinerman · · Score: 5, Informative

      Thats just the thing. Corporations are legally entitled to all the rights of people. That is what makes them so powerful. You can't jail a corporation; indeed, the worst you can do is revoke its charter (which doesn't happen very often). Basically most corporate punishment comes down to fines, which, if not hefty enough, don't deter future misconduct.

      Read up on Santa Clara County v. Southern Pacific Railroad (1886). This is the case that defined corporations as legal people, with all the fun rights we enjoy.

      IMO, a constitutional amendment to revoke such rights is in order. I do recall presidential candidates David Cobb (Green), and Michael Badnarik (Libertarian) calling for those rights to be eliminated. Cobb asked for a constitutional amendment, but Badnarik did not endorse an amendment outright.

    3. Re:The Europeans Get It Right, Again by lspd · · Score: 2, Insightful

      Another example of the far more sensible approach our friends across the pond take to things.

      If you mean sensible because they because they rejected software patents....sure.

      But dear lord, look at how much trouble it is to kill this one stupid bill in the EU. How many times does a bill have to be rejected before it really dies over there?

    4. Re:The Europeans Get It Right, Again by jcdick1 · · Score: 3, Interesting

      The problem is that coporations pay taxes. As such, this entitles them to those rights. They pay, they gain. However, what they pay in taxes is minimal compared to what the citizenry pay. The solution is not a constitutional amendment. The solution is to eliminate corporate income tax. If they don't pay taxes, they would no longer be "corporate citizens."

      This would also go far in eliminating political finance problems. If they don't have that "freedom of speech" ability to make contributions, the parties would have to rely expressly on federal campaign funds and those from individual voters.

      --
      What?
    5. Re:The Europeans Get It Right, Again by Anonymous Coward · · Score: 5, Insightful

      But those same people aren't held responsible when the corporation harms someone or breaks the law. Limited liability gives investors all of the freedom and none of the responsibility that would normally go with a free market.

    6. Re:The Europeans Get It Right, Again by SunPin · · Score: 2, Informative

      What country are you in? Corporations don't pay taxes in addition to their many other benefits as "people." That's part of the problem. They have a million loopholes to get out of taxes.

      --
      Laws are for people with no friends.
    7. Re:The Europeans Get It Right, Again by the_mad_poster · · Score: 2, Insightful

      ...and those from individual voters.

      You are aware, I assume, that individual voters run corporations and that it would be a trivial book keeping matter to redirect the campaign funds business gives through the respective business owners who could, then, legally give them to the people running for office?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    8. Re:The Europeans Get It Right, Again by Lisandro · · Score: 2, Interesting

      For instance, why can't corporations wed? Why can't they adopt children?

      Wasn't this the driving idea behind The Truman show. Scary... let's not give them any ideas ok?

    9. Re:The Europeans Get It Right, Again by Pig+Hogger · · Score: 2, Insightful
      This bunko quasi-political rhetoric is getting tired. While in some cases there is a legal difference between people and corporations, who do you think makes up corporation?!?
      People!
      People with jobs, families, communities, little league teams, the works.
      This business of trying to make out corporations as some kind of faceless inhuman creature is just silly.
      Bourgeois nonsense.

      Business is what free people do. Business is an act, not something tangible.

      Businesses are NOT people anymore than the shopping spree you did last week-end is human.
      Corporations are NOT human, so they cannot enjoy any kind of human right whatsoever.

    10. Re:The Europeans Get It Right, Again by Anonymous Coward · · Score: 2, Informative

      wow you stupid?

      corperations are there to SHIELD the people behind it from penalty.

      without a corperation a scumbag CEO would think twice before doing something tha twill get his ass personally sued out of existance. under a corp he can do what he pleases without any reprocussions other than getting fired ...oooohhh so scary... Fired ceo's get hired as CEO at other places quickly. look at the enron Executive staff...

    11. Re:The Europeans Get It Right, Again by mOdQuArK! · · Score: 4, Insightful
      The problem is that coporations pay taxes. As such, this entitles them to those rights.

      Ah, no, whether or not a not-real legally-defined entity like a corporation pays taxes is pretty much irrelevant to whether the government considers corporations people. The problem is the Supreme Court decisions giving corporations "personhood". See this link for an interesting little essay on how the Supreme Court managed to "create" corporate personhood.

      They (the SC) may have successfully tied the concept of corporate personhood to enough precedents to make it "Constitutional", which means that the legislatures would have to pass a Constitutional Amendment to explicitly "undefine" corporate personhood. Of course, given corporate lobbying power, what do you think the chances of THAT happening is?

      Actually, a Constitutional Amendment to restrict personhood to real-life individuals makes a _lot_ more sense to me than a stupid amendment to define marriage as "between one man and one woman". Hey, if corporations have personhood, can you marry a corporation?

    12. Re:The Europeans Get It Right, Again by LaCosaNostradamus · · Score: 2, Informative

      Strangely enough, I don't believe you. If a corporation has the same rights, it should have the same responsibilities. That's so obviously not true that I leave it to you to demonstrate to your own curiosity.

      Furthermore, if a corporation kills, it should be jailed for it. When's the last time that happened? Right, it never has.

      Until the Corporate Death Penalty is explicitly enacted de facto or de jure, then I'll start believing in a corporation's "personhood".

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    13. Re:The Europeans Get It Right, Again by David+Leppik · · Score: 4, Insightful
      Thats just the thing. Corporations are legally entitled to all the rights of people. That is what makes them so powerful.


      (Disclaimer: IANAL.)



      That's not entirely true. Corporations have the right to enter into contracts as people. They like to pretend to have other rights, such as freedom of speech. As I understand it, the NRA tried to get a radio station last year to bypass restrictions on their speech-- that is, the tried to join the constitutionally protected press.



      Despite the corporate personhood implied by Santa Clara County v. Southern Pacific Railroad (1886), corporations have not been allowed to vote or excercize similar rights.



      If you honestly believe that corporations have all the rights of a person, try to get married to a corporate entity. If Starbucks spurns you, try a non-profit entity such as the ACLU.


    14. Re:The Europeans Get It Right, Again by Qzukk · · Score: 2, Interesting

      People with jobs, families, communities, little league teams, the works.

      I don't see anyone calling for people to lose the right to vote because they work for Wal-Mart. I don't see people calling for the end to individual donations to campaigns.

      Get a grip! Corporations are a way to pool resources to get tasks completed in an efficient manner

      Yes to "get tasks completed". Not to bribe public officials. No, government subsidies to companies/people that provide the president/congressman/whatever-voting-official a hefty kickback are bad on any continent.

      This business of trying to make out corporations as some kind of faceless inhuman creature is just silly.

      Penny Arcade has a good tutorial on this. These CxOs and what have you get behind the corporate veil and go hog wild. When they get caught behind the wheel after a drunken joy ride they go "I'm a an incompetent manager who had no idea what the people in my charge were doing. I guess I'll take my $20 million bonus for being a loser and go home now." And hey, thats ok, because even though they're paid to be the "face" of the corporation, they're just as blameless as everyone else in it.

      Maybe if the people in charge didn't hide behind the corporate veil when they screw up (or better yet, not screw up in the first place), people would quit calling them "faceless inhuman creatures".

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    15. Re:The Europeans Get It Right, Again by EiZei · · Score: 2, Interesting

      But in europe they necessarily are not considered to have all rights. The finnish constitution explicitly states that the same rules do not apply to corporations for example.

    16. Re:The Europeans Get It Right, Again by Em+Adespoton · · Score: 3, Insightful
      Corporations aren't mindless automatons, they're groups of people who've agreed through their charter to share financial responsibility. If a crime is being committed it's not by a corporation, it's by a subset of the people in the corporation.

      As far as what you say goes, this is true. However, let's say that you and 3 other people all give Harry $200 each, and say that you expect $250 each back after a specified time, as long as he handles the money the way you want him to. You then tell Harry that you've all decided together (with you personally being a bit unsure about this, but the other two overruled you) that you'll pull your money out unless he gets your interest money very soon, and if you don't see that he has a gun and a mask in his posession within 3 hours, you'll pull out your money immediately.

      You see, although a lot of people look on the stock exchange purely as a way to grow their money, investing in a company involves becoming part of the group that decides how that company is run. The Board is responsable to the shareholders, and the employees are responsable to the Board. The Corporation is made up of the shareholders and the Board, and they hire employees. It is ultimately the shareholders as a body who are responsable for what happens in a company. If the Board does something against the wishes of the shareholders, the Board bears full responsability for those actions. If the employees do something against the wishes of the Board, those employees bear responsability for those actions. Thus, just as parents (the corporation) are responsable for the actions of their children, investors are responsable for the actions of the corporation -- and the individuals are also responsable for their individual actions.

    17. Re:The Europeans Get It Right, Again by Lysol · · Score: 2, Insightful

      First off, yes, people make up corporations. However, it was also people that worked for Bechtel that decided it was ok to own all the rain water in Bolivia. Of course, so did their government, but those people went home and slept well at night knowing that they ok'd owning the rain water of another country.

      While corps are a way to pool resources, they also grant legal rights combined with (usually) vast cash resources. Combine those two and you have an entity that pretty much does what it wants (see Microsoft:MSFT).

      I've been to the EU many times and can definitely feel the 'work to live and not live to work' vibe. In fact, I'm ok with some of the US capitalist ideals and values. I definitely believe in hard work and have no prob putting as much as I can into projects I see worthy.

      However, the way the US capitalist system is now, is unbalanced and not sustainable. While EU does have corporations, you don't see any CEO's of energy companies here talking about green energy like the CEO of BP does. After two world wars, the EU and its people finally understands that they are here for the long haul.

      Their rejection of patents isn't a us vs. them thing, it's more like, they understand the importance of software in the coming future and instead of allowing the priviledged, wealthy few (corporations), to control it all, they'd rather let everyone compete on a more equal level.

      Granted, Europe is not the holy grail of life. And they have bad guys there too. But at some point you have to go in another direction. You can't keep going in a straight line and hope u don't run into a wall. The capitalist system has served the US pretty well (some would argue not) up to this point. But Bush's ownership society and collapsing of social programs will hurt only the poor and elderly even more. And what good is a society that doesn't help the poor and elderly? It's in the best interest of everyone that we are all taken care of to some point. Of course how much is always the debate.

      While I don't see the law governing corps being substantially changed by government - ever - it will be up to those not just on the inside (cuz, hey, why should they change when they got it good?) but by those outside as well. They'll demand more responsibility, integrity, and ethical behavior from the corps. And it'll happen because not only is it happening elsewhere - like the EU - but because it's just plain not sustainable.

      So, sure, give credit to the fact that people do make up a corporation. But hold them accountable for what they're involved with. And bring down some of the barriers that protect them so easily and thusly encourage them to step over the line.

      How much does that VP soccer mom, whose 'group of people' (did) own all the water rights to Bolivia's water, feel for those other children? No much because she has no one to answer to. She is shielded behind laws designed to protect that behavior and the bottom line.

    18. Re:The Europeans Get It Right, Again by LaCosaNostradamus · · Score: 3, Interesting

      If a person can be jailed, then we can clearly see that their freedoms can be taken away. Hence, to "jail" a corporation, we should similarly take away their freedoms. After all, we have long had the precedents of "receivership" and other forms of managed bankruptcies; therefore, some variant could be used for the jailed corporation.

      In other words, the corporation that breaks the law to the degree where jail seems necessary, should effectively be nationalized for a period. That should be a sufficient scare tactic to convince them to obey the law; after all, that's the philosophy of individual legal punishments, right?

      So ... are you really so lacking in enough imagination that you can't come up with these kinds of solution? If anything, you appear to be under the impression that We The People simply cannot apply controls to corporations. We can. And unless we want to continue sinkling into economic slavery, we should.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  2. benefits of the bill?! by Anita+Coney · · Score: 4, Funny

    Doesn't he mean benefits to Bill!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  3. 1-0 by bogaboga · · Score: 3, Interesting

    That's a 1-0 for FOSS. But let's keep in mind that the other side will not give up that easily.

    1. Re:1-0 by Anita+Coney · · Score: 5, Insightful

      They will only give up when software patents are legal. This is going to be a LONG fight.

      And I just don't get why Europe would EVER legalize software patents. Right now they are legal in Australia, India, the US, and Japan. So basically, right not, Europe is the only place in the industrialized world which can do something simple like include a help icon in its software.

      Without software patents, Europe will become a Mecca of software development!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:1-0 by Anonymous Coward · · Score: 2, Insightful

      This is *not* OSS vs Commercial soft, it's smaller software companies (and OSS) vs the big multinational corporations.

    3. Re:1-0 by back_pages · · Score: 5, Informative
      In an effort to advance the discussion and understanding of the American patent system, I would like to point out that software is actually not patentable in the US.

      Here are some relavant portions of the Manual of Patent Examining Procedure (the bible by which patents are examined in the US.)

      The USPTO's public MPEP
      From MPEP 2106, all emphasis added
      The claimed invention as a whole must accomplish a practical application. That is, it must produce a "useful, concrete and tangible result." State Street, 149 F.3d at 1373, 47 USPQ2d at 1601-02. The purpose of this requirement is to limit patent protection to inventions that possess a certain level of "real world" value, as opposed to subject matter that represents nothing more than an idea or concept, or is simply a starting point for future investigation or research (Brenner v. Manson, 383 U.S. 519, 528-36, 148 USPQ 689, 693-96); In re Ziegler, 992, F.2d 1197, 1200-03, 26 USPQ2d 1600, 1603-06 (Fed. Cir. 1993)). Accordingly, a complete disclosure should contain some indication of the practical application for the claimed invention, i.e., why the applicant believes the claimed invention is useful.

      ...

      A process that consists solely of the manipulation of an abstract idea is not concrete or tangible. See In re Warmerdam, 33 F.3d 1354, 1360, 31 USPQ2d 1754, 1759 (Fed. Cir. 1994). See also Schrader, 22 F.3d at 295, 30 USPQ2d at 1459. Office personnel have the burden to establish a prima facie case that the claimed invention as a whole is directed to solely an abstract idea or to manipulation of abstract ideas or does not produce a useful result. Only when the claim is devoid of any limitation to a practical application in the technological arts should it be rejected under 35 U.S.C. 101. Compare Musgrave, 431 F.2d at 893, 167 USPQ at 289; In re Foster, 438 F.2d 1011, 1013, 169 USPQ 99, 101 (CCPA 1971). Further, when such a rejection is made, Office personnel must expressly state how the language of the claims has been interpreted to support the rejection.

      ...

      There is always some form of physical transformation within a computer because a computer acts on signals and transforms them during its operation and changes the state of its components during the execution of a process. Even though such a physical transformation occurs within a computer, such activity is not determinative of whether the process is statutory because such transformation alone does not distinguish a statutory computer process from a nonstatutory computer process. What is determinative is not how the computer performs the process, but what the computer does to achieve a practical application. See Arrhythmia, 958 F.2d at 1057, 22 USPQ2d at 1036.

      ...

      For such subject matter to be statutory, the claimed process must be limited to a practical application of the abstract idea or mathematical algorithm in the technological arts. See Alappat, 33 F.3d at 1543, 31 USPQ2d at 1556-57 (quoting Diamond v. Diehr, 450 U.S. at 192, 209 USPQ at 10). See also Alappat 33 F.3d at 1569, 31 USPQ2d at 1578-79 (Newman, J., concurring) ("unpatentability of the principle does not defeat patentability of its practical applications") (citing O'Reilly v. Morse, 56 U.S. (15 How.) at 114-19). A claim is limited to a practical application when the method, as claimed, produces a concrete, tangible and useful result; i.e., the method recites a step or act of producing something that is concrete, tangible and useful. See AT&T, 172 F.3d at 1358, 50 USPQ2d at 1452. Likewise, a machine claim is statutory when the machine, as claimed, produces a concrete, tangible and useful result (as in State Street, 149 F.3d at 1373, 47 USPQ2d at 1601) and/or when a specific machine is being claimed (as in Alappat, 33 F.3d at 1544, 31 USPQ2d at 1557 (in banc). For example, a computer process that simply calculates a mathematical

    4. Re:1-0 by k98sven · · Score: 2, Interesting

      They will only give up when software patents are legal. This is going to be a LONG fight.

      Perhaps a long fight, but not a constant one.

      Firstly.. the EU almost certainly going to have a directive on the patentability of software. Whether that directive allows or bans software patents isn't determined. But both sides want a directive, and that's what's going to happen.

      Once a directive is passed into law, the issue will be buried for several years. It's the rules of the game. Once an issue has been settled, the politicians won't bring it up again for a while, no matter how strong the lobby. It's how politics works. They don't have time to sit around pushing the same issues back and forward. There are other things to do.

      And I'm not sure it will go on forever anyway. I think that in the long run, the folly of software patents will prove itself.

  4. It is not over yet... by Synli · · Score: 3, Insightful

    From the article: "The latest rejection means that now the bill on computer inventions must go back to the EU for re-consideration."

    --
    "Two things inspire me to awe -- the starry heavens above and the moral universe within." - Albert Einstein
  5. Double standard by CaptainAlbert · · Score: 4, Insightful

    So, when he writes to lawmakers asking them to consider his point of view, it's called "lobbying".

    How come when I do it, it's called "muddying debate"?

    Sheesh...

    --
    These sigs are more interesting tha
  6. Microsoft by roman_mir · · Score: 5, Funny

    So, will Bill Gates close all his European operations now, that Europe is clearly Communist?

    1. Re:Microsoft by LaCosaNostradamus · · Score: 2, Interesting

      If Billy Boy really found such things offensive, he wouldn't be doing the Chinese wong as much as he has. It's all about mo' money for Billy Boy, and the "Communist" label only matters when he doesn't get his way.

      Communist Chinese = capitalist innovators
      Communist Europeans = regressive throwbacks

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  7. So why s this bill such a bad thing by 91degrees · · Score: 3, Interesting

    Certain types of software inventions can be patented in Europe, as long as the have a "technological effect". The rules differ between countries (which is presumably why this bill is seen as needed), but what would this legislation permit that isn't already allowable in most countries?

    So why is this such a bad thing?

    1. Re:So why s this bill such a bad thing by 91degrees · · Score: 2, Insightful

      Surely the problem with US patents isn't that they're software based but because there's a lack of novelty. This is a problem in all areas of inniovation, not just software.

      Why was the RSA public key encryption patent such a terrible thing, whereas a patent for a hardware encrytion device is a good thing?

    2. Re:So why s this bill such a bad thing by Ed+Avis · · Score: 5, Informative

      The doctrine of 'technical effect' is a bizarre example of how a patent office, left to its own devices, will reinterpret the law in increasingly creative ways to expand its own powers.

      As the thread http://www.aful.org/wws/arc/patents/2000-06/msg000 65.html explains, first of all the EPO made a ruling that although programs for computers are explicitly excluded under the European Patent Convention, this did not apply when the computer program could be shown to have a 'technical effect'. This 'technical effect' is nowhere mentioned in the EPC's exclusion; it is an invention by the patent office to have some reason to grant patents on software.

      So for a few years you could get software patents in Europe if you could include some reasoning in your application to say that your program has a 'technical effect' when loaded onto a computer. Since the idea of technical effect is so vague, this allows through any software patent.

      Then a few years later the EPO decided that they might as well drop the pretence, and made another ruling which assumes that all computer programs have a 'technical effect'. So the explicit exclusion in the EPC is being ignored.

      Now, patents granted under this dubious reasoning are not very enforceable. National courts tend to interpret the law as it is written, and not the EPO's creative interpretation. However, if the directive is passed then the already-granted software patents in Europe (which are just as silly as those in the US, see the FFII horror gallery) will become legal.

      The European law on patentability of software does not need 'clarifying', it is already quite explicit. We need to make the patent office follow the law as it stands.

      --
      -- Ed Avis ed@membled.com
    3. Re:So why s this bill such a bad thing by morganew · · Score: 2, Interesting

      Important distinction:

      You don't patent code, you patent the _method_ for doing something.

      This is a HUGE difference.

      If the patent were just on the code, you could change just a few variable names, and sell it as your own.

      By patenting the method, then you control the very idea.

      Theoretically, it could lead to openness (not Open like OSI) because you have to disclose the method in the patent application. But unfortunately, software method patents take 40 months to get processed, so by the time your method is actually granted a patent, the state of the art has far surpassed your idea.

      --
      A sig?!? I don't think so.....
    4. Re:So why s this bill such a bad thing by earthbound+kid · · Score: 2, Insightful
      If the patent were just on the code, you could change just a few variable names, and sell it as your own.
      If The Beatles are allowed to keep DJ Dangermouse from releasing "The Gray Album," which sounds only vaguely like the "The White Album" but used sounds from it in its construction, I'm sure that copyright is sufficient to cover the simple renaming of variables. Software patents are basically unnecessary. Trade secret and copyright laws are more than enough to ensure due compensation is given to the creators of software. Adding patents into the mix just lets people monopolize very broad concepts, like Priceline's reverse bidding patent or Eloas' web browsing patent.
    5. Re:So why s this bill such a bad thing by morganew · · Score: 2, Interesting

      Actually, this is a great example of the difference!

      "The Gray Album" is a copyrighted work, but the _method_ of producing music was not prevented by that copyright.

      So while the copyright might protect your code from just changing the variables, it wouldn't protect it from being analyzed for how it does what it does, and them being copied in every aspect of functionality.

      Trade secrets can be used to do that, but then sharing the code gets to be problematic. You have to show to the court that you are vigorously protecting that secret.

      Patents _could_ offer an alternative whereby the method is made public, and you only retain the right to collect rents from people using your idea for a limited time. but it makes sharing with a broad audience very easy.

      This is part of why MOST standards bodies deal with patents and why standards participating companies love patents as well. they can sign the right to the patent over in such a way that it protects them and still allows them to collect money from competitors, but get the idea into the broadest circulation.

      --
      A sig?!? I don't think so.....
    6. Re:So why s this bill such a bad thing by bbc · · Score: 2, Interesting

      "We need to make the patent office follow the law as it stands."

      I thought so too, but from what I understand, the EPO is outside the law. (There is even a story going around how the CEO of the EPO physically assaulted on of his co-workers, and nothing could be done against it--that's how much the EPO is outside the law.)

      So how could the EPO be made to follow the law?

  8. Good. by Jack+Taylor · · Score: 2, Informative

    Very good. Now that it has definitely been rejected, it will be much harder for a software patent bill to be passed through the European Parliament again without the wording being changed significantly. This probably won't happen any time soon...

    --
    One good turn - gets all the covers.
  9. Oh, The Horror by CastrTroy · · Score: 5, Insightful

    a pro-patent lobby group, said that the benefits of the bill had been obscured by special interest groups, which muddied debate about the rights and wrongs of software patents

    How dare they discuss the bad points about software patents. Isn't the pro-patent lobby group a special interest group? What makes them think they have a right to present their views, while groups which are against software patents do not?

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:Oh, The Horror by aastanna · · Score: 4, Interesting

      They're paid to convince people to adopt software patents, not to be logical. Don't imagine that what a lobby group says is actually someone's real point of view.

    2. Re:Oh, The Horror by squiggleslash · · Score: 2, Insightful

      It's really no different to one political party accusing its biggest opponent of "playing politics" when they do something it doesn't like. It's part of the game and is usually played by out-of-touch been-in-it-too-long hacks who do not realise how silly their remarks look to people on the outside.

      --
      You are not alone. This is not normal. None of this is normal.
  10. Not as great as it looks by vidarh · · Score: 5, Informative
    The BBC article is perhaps the worst piece of journalism I've ever seen come out of the BBC.

    The directive was NOT rejected by the EU Parliament, but by the Conference of Presidents - essentially the group leaders of all the various parliamentary parties. It's still a good step, but it's misleading to claim this was an action by the Parliament as a whole.

    This does NOT mean that the bill "is thrown out". It means that the EU Parliament is supporting it's own legal affairs committee's call for the EU Commission to restart the process and have directed the President of the EU Parliament to officially request a restart.

    The bill must not "go back to the EU" for reconsideration - the EU Commission must decide whether it wants to accept the restart vote by parliament, ignore it, or overrule it. The latter two would mean the Council would go ahead as before.

    1. Re:Not as great as it looks by Halo1 · · Score: 2, Informative

      The European Parliament also has veto power to reject it (in either first, second or third reading). In fact, that's exactly what they'll do if the Commission and Council gang up against them according to at least one MEP.

      --
      Donate free food here
  11. Re:Constitution by iapetus · · Score: 4, Insightful

    Software patents as implemented in the US do not promote the progress of science and useful arts, and are therefore not covered by this.

    --
    ++ Say to Elrond "Hello.".
    Elrond says "No.". Elrond gives you some lunch.
  12. Re:I Love How Many US Folk Still Don't Get The EU. by Urger · · Score: 4, Funny

    Yes, but us American's have, truth, justice, and the American way on our side, well, at least untill those are outsoursed to India.

  13. What site am I on again? by CrashPoint · · Score: 5, Funny
    I swear, all these Slashdot articles on software patents in Europe are blending together to the point where I start to think I'm reading Fark. Might as well title all future articles like this:

    "European software patents, formerly dead, then not dead, dead again, buried, ressurected, now dead yet again. Pope sucks. Duke surrenders. Still no cure for kitttens."

  14. good move by coolcold · · Score: 2, Insightful

    I think this is a good move for EU since it does not benefit them at all nor their citizen. US, on the other hand, do benefit even if they (US) passed the law since the M$ is in US itself thus also paying tax to the US.

    --
    I am harvesting funny/good quotes. Please help by putting them in your sigs :)
  15. Re:Constitution by johannesg · · Score: 4, Insightful
    My right to patent my idea is granted to me by the Constitution.

    Maybe, but not in Europe. Your laws end where your borders end. Outside the US, your constitution has about as much value as a sheet of toilet paper.

  16. Pressure on EU to vote this Software Patent Law by Jimpqfly · · Score: 5, Interesting

    According to Michel Rocard (former France Prime Minister, now European Deputy), companies like US Majors (Microsoft & Co), Nokia or Alcatel exerted pressure on european commission to have a second look at the pattent issue. In this interview (French) Michel Rocard says that the expert group that was supposed to help the commission, was in fact formed by Microsoft and other IT companies.

    Rocard said : "We never could have talked a common language with the companies representatives we met - in particular those from Microsoft. Speaking about free ideas circulation, free access to knowledge, was like speaking chinese to them. In their way of thinking, everything that is not usable for immediate profit cease to be a growth vector. They don't seem to be able to understand that an invention which is a pure spirit creation can't be pattented. It's simply terrifying. Many of us, at the Parliament, agree to say that they never have know such a pressure and such a verbal violence during their parliamentary work. It is a huge case."

    18 may 2004, Commission presents a new text even more liberal than the first one, and try to impose it during Agriculture Minister Concil, which primary objective was FISHING. Thanks to Poland interventions, the vote is avoided.

    "Concerning France, no word from it. Jacques Chirac claimed himself against extensive software pattenting during his presidential campaing. But the current industry minister, Patrick Devedjian said nothing against the text."

  17. Don't worry. by game+kid · · Score: 2, Funny

    He'll put a positive spin on it, trying to look as "Communist" as possible in a sad attempt to fool us:
    "One job pulled from Europe is a tragedy; a million jobs pulled is an Innovation(TM)."

    --
    You can hold down the "B" button for continuous firing.
  18. A Question by gmknobl · · Score: 5, Interesting

    I'm all for limiting how and what can be patented in software as, at least in the U.S., to many suits and abuses have come from people trying to collect money on just a few lines of code anyone can easily come up with when they think (read one-click purchasing).

    But if someone does come up with something truly unique that is expressed in software, how can this be legally protected so someone else doesn't steal your work after one or one-half year?

    Perhaps there should be no software patents at all, just some sort of legal copyright protection for 5 years or so. But how is that uniqueness defined anyway? At what point does a subsection of code become unique enough to be protected?

    As me ol' chums would say, this truly is a sticky wicket!

    1. Re:A Question by erik_norgaard · · Score: 4, Informative

      The idea of one-click-shopping is not protected in EU, but a particular implementation is protected by copyright.

      Further, since you are not required to distributed code in source, it can be quite hard to copy your implementation.

      Software is protected by copyright which expires 70 years after the death of the author - if copyright is owned by a company, then 70 years after publication (AFAIK).

      Patents allow protection of ideas. These expires after 20 years from the patent being issued.

    2. Re:A Question by Halo1 · · Score: 3, Informative
      But if someone does come up with something truly unique that is expressed in software, how can this be legally protected so someone else doesn't steal your work after one or one-half year?
      People cannot steal something which is not your property (intellectual or otherwise). The question is not what you or someone else as an individual wants or feels he/she deserves, but about what is best for the economy and innovation.

      Study after study shows that software innovation does not happen because people want to get a monopoly, but because they have since otherwise the competition will catch up to them. The industry needs cheap, fast and narrow protections (similar to copyright), because patents are inherently so broad they are clogging up the system with thickets. The big companies aren't all cross licensing their patents just for fun.

      Perhaps there should be no software patents at all, just some sort of legal copyright protection for 5 years or so. But how is that uniqueness defined anyway? At what point does a subsection of code become unique enough to be protected?
      There is already copyright which provides for a protection until 75 years after the author's death. However, it only covers direct copying (partial or entirely), or plagiarizing (this can include reverse engineering and writing your own version based on the gained knowledge, if you don't take proper precautions)

      Independent writing of a similar program (which simply does the same, but otherwise is in no way based on the original program) is not covered by copyright. That's a feature of copyright, not a bug. As such, copyright does give you a short time span on which you are alone on the market with that feature.

      It definitely won't be 5 years in general, but even 5 years is an eternity in terms of software development.

      --
      Donate free food here
  19. Re:Constitution by RWerp · · Score: 3, Insightful

    As the Patriot act shows, inside the U.S. the U.S. constitution can be treated like a sheet of toilet paper, too.

    --
    "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
  20. A new patent bill is needed by erik_norgaard · · Score: 5, Insightful

    There is a clear requirement that the current patent laws in EU be cleared up! It is quite obscure and vague on some points and this has actually allowed for software patents to get through, just check the iiff.org website.

    The discussion is not whether new and uniform patent legislation accross EU is needed. It is about the content.

    The pros want EU to align with USA, in many other areas, aligning laws with important trade partners is beneficial for all parties. But with the development in USA in this case, the benefits of such alignment can be disputed.

    Unfortunately the continual rejections and attempts to force through a particular piece of paper has now become a dispute about democracy and who has the power - attention seems to be shifted away from the original content.

    I am looking forward for the process to restart so the discussion can get back on track.

  21. What? by Luscious868 · · Score: 2

    A bill being obscured by special interest groups? No ......

  22. TP by pjt33 · · Score: 3, Funny

    Nonsense. Toilet paper's useful.

  23. Corporate personhood the root of all evil by gonar · · Score: 3, Interesting

    that is, the root of all evil left over after organized religion has taken it's majority share.

    --
    The difference between Theory and Practice is greater in Practice than in Theory.
  24. not over until the fat commissioners sing by Phil+Hands · · Score: 5, Informative

    While JURI (a committee of Members of the European Parliament) and the Council of Ministers have both voted for a restart, the European Commission are still legally allowed to push this through to it's second reading if they manage to put it on an agenda as an A-item.

    A-items are a rubber stamping of translations, of previously agreed directives. So far, Poland have been blocking the A-item from getting onto any agendas, but they seem to have finally been nobbled.

    Just in time, Denmark have decided to dig their toes in, but if they fold there is still an oportunity to push the directive through.

    Of course, flouting the wills of MEPs in this way might be enough to galvanise them into kicking the whole thing out in the second reading, despite the fact that the voting system at that stage is rigged against such an eventuality.

    --

    Debian: GNU/Linux done the Linux way
  25. Re:huh? by Spad · · Score: 2

    The last article on the EU Software Patent debate was with regard to this vote. This article is with regard to the /outcome/ of this vote.

  26. Re:I Love How Many US Folk Still Don't Get The EU. by A+beautiful+mind · · Score: 4, Insightful

    Yeah sure. It is not a troll just a different opinion. You should obviously read about how to make a difference between something you DO NOT agree with and something that has been created for the purpose to stir controversy. I have to conclude that it was rather the former.

    First, GP is correct imo. There are signs, which would be too numerous to detail here, indicating that the USA is behaving as an empire, not as a nation. In a democratic way the USA wouldn't ignore international laws and customs just because noone is in the place to punish them for doing so. If you would examine your economics textbooks a bit more in-depth, you would realise that Japan beat the US economy on a lot of points, pushed the usa out of a lot of markets in the 80ies. It needs a bit longer explanation. After WW2 USA administration assumed that the soviets are 20 years behind technologically at the time. They were proven wrong by the A-bomb two years after, the hydrogen-bomb and sputnik and Gagarin. The administration had a panic reaction and realised that they need to improve the education in the states drastically, which happened in the 60ies (i'm thinking about bleeding edge science here, so universities and laboratories mainly). They pushed a TON of money into the education system and into so called "base or basic research". They came up with a lot of progress and inventions, and the electronical industry LIVES from those inventiones UP UNTIL TODAY. The USA, however stopped these researches because of the economic changes, think of oil crisis, etc. This gave place for Japan in the 80ies to grab markets, because although japan didnt run any base research, they improved the technology they bought from the USA, so that's why it had a big impact on US economy. I have to note that most of these info is from a course i'm attending now and the reasoning i presented is from my teacher specialized in this subject

    I'm not saying that something similar is going on with the EU atm, just that there are consequences if someone ruins the education system and that the USA seems to make bad decisions when messing with the economy.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  27. Re:I Love How Many US Folk Still Don't Get The EU. by hey! · · Score: 4, Insightful
    Well, people will start to care when it affects their job prospects.


    "I'm going to get a job in manufacturing."

    Nope. Those have gone to South China.

    "OK, then I'll get a job that requires advanced education, like engineering."

    India.

    "Well, I'll get a job in an industry that has advantages from running in the world's largest first world economy."

    I'll see you in Brussels, then, because that'd be the EU.

    We're pretty much running along on the momentum of our past accomplishments here, although that momentum is considerable and should carry us for a decade or so before the decline becomes undeniable and the inevitable bickering about whose fault it is kicks in. The very idea of globalization is that countries do what they are undeniably best at. What is the US these days better at than any other country?

    That'd be spending money.

    So become an invetment banker, young man, and specialize in investing the accumulated wealth of two hundred years of domestic economic accomplishment overseas. Or if that career path is not open to you, there is always retail.

    There is no will to chart out a brighter course for the people who make their living by creating things or performing services. If you doubt this, look at education reform. Oh, I have no objection to "No Child Left Behind", other than its utter lack of boldness. I was born on the tail edge of the baby boom, so I know what serious, shitting-your-pants-because-of-sputnik education reform looks like, and that ain't it.

    Software patents are just another example of something that is good for capital but bad for people who create (although ostensibly it is for their benefit!). As innovation grinds to a halt because of legal uncertainty, companies can continue to exploit their past innovations without creating any new ones. For Joe Engineer, his job security is only good as his next innovation. His part ones are signed over to the company.
    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  28. It's a dead patent law by sepluv · · Score: 5, Funny
    The BBC article is a bit vague (although perfectly accurate). As Zonk says, this basically means that the Conference of Presidents has ratified the JURI decision to throw out the directive as explained better by the FFII.

    However there is a chance that the €C could, nonetheless, defy the Conference of Presidents, but it is very unlikely (and will cause even more backlash and probably eventually get the €C sacked).

    Also see details of the MEPs press conference and info. about the recent FFII demo by the €C HQ in Brussels which no doubt helped.

    I think this probably (you can't be sure of anything in Brussels) means the directive really is as dead as a dodo, so here's my dead patent-law sketch (apologies to Monty Python):

    The Cast:

    • Mr. Gates
    • A European Commissioner
    The Sketch

    A `customer' (with brown envelopes and chequebook aready) enters the €C in Brussels.

    Mr. Gates: 'Ello, I wish to register a complaint.

    (The commisioner does not respond.)

    Mr. Gates: 'Ello, Miss?

    Commissioner: What do you mean "miss"?

    Mr. Gates: I'm sorry, I have a cold. I wish to make a complaint!

    Commissioner: We're closin' for lunch.

    Mr. Gates: Never mind that, my lad. I wish to complain about this patent law what I purchased not two years ago from this very office.

    Commissioner: Oh yes, the, uh, the computer-implemented inventions one...What's, uh...What's wrong with it?

    Mr. Gates: I'll tell you what's wrong with it, my lad. 'E's dead, that's what's wrong with it!

    Commissioner: No, no, 'e's uh,...he's resting.

    Mr. Gates: Look, matey, I know a dead patent law when I see one, and I'm looking at one right now.

    Commissioner: No no he's not dead, he's, he's restin'! Remarkable law, idn'it, ay? Beautiful sophistory and ambiguity!

    Mr. Gates: The anbiguity don't enter into it. It's stone dead.

    Commissioner: Nononono, no, no! 'E's resting!

    Mr. Gates: All right then, if he's restin', I'll wake him up!

    ...

    Mr. Gates: You let the European Parliament kill 'im, didn't you!

    Commissioner: I never!!

    Mr. Gates: Yes, you did!

    Commissioner: I never, never did anything...

    (Mr. Gates takes patent law out of briefcase and thumps it on the desk. Throws it up in the air and watches it plummet to the floor.)

    contd...(due to limit on post size)

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  29. Dead Patent-Law Sketch contd... by sepluv · · Score: 5, Funny

    The Sketch (contd...)

    Mr. Gates: Now that's what I call a dead patent law. The JURI is no longer out on that patent law...its most definitely deceased.

    Commissioner: No, no.....No, 'e's stunned!

    Mr. Gates: STUNNED?!?

    Commissioner: Yeah! 'E was stunned by all the public backlash! Patent laws stun easily, major.

    Mr. Gates: Um...now look...now look, mate, I've definitely 'ad enough of this. That patent law is definitely deceased, and when I purchased it not two years ago, you assured me that its total lack of movement was due to it bein' tired and shagged out following prolonged internal diplomacy.

    Commissioner: Well...uhhh...we prefer to do things dead slow and sure like in the EU!

    Mr. Gates: Well...the dead bit is most certainly right. Look, why did it fall flat on his back the moment I got home last time? I never had these problems with Congress...

    Commissioner:Remarkable patent law, id'nit, squire? Lovely contradictions and those beautiful convoluted sentences!

    Mr. Gates: Look, I took the liberty of examining that patent law when I got it home, and I discovered the only reason that it had got as far as it had in the first place was that no one had actually READ it.

    (pause)

    Commissioner: Well, o'course they don't! They're not payed enough for that...at least they are, but we pay 'em NOT to read 'em. That's the trick, you see. Trust me...that patent law will fly straight through as an A-item in the fisheries committee...just like...a parrot, sir...you know parrots love a bit of fish...the great thing is, sir, that the ministers and MEPs avoid it like the plague on account of it stinkin' to 'igh 'eaven...

    Mr. Gates: Never find how 'igh your damn committee stinks, this patent law wouldn't fly through your committee if you put four million volts through every minister present! 'E's bleedin' demised!

    Commissioner: No no! 'E's just a li'l slow!

    Mr. Gates: 'E's not slow! 'E's passed on! This patent law is no more! He has ceased to be! 'E's expired and gone to meet 'is maker! 'E's a stiff! Bereft of life, 'e rests in peace! 'E's pushing up the daisies! 'Is metabolic processes are now 'istory! 'E's off the twig! 'E's kicked thebucket, 'e's shuffled off 'is mortal coil, run down the curtain and joined the bleedin' choir invisibile!! THIS IS AN EX-PATENT LAW!!

    (pause)

    Commissioner: Well, I'd better replace it, then. (he takes a quick peek round the back) Sorry squire, I've had a look 'round the back , and uh, we're right out of patent laws.

    Mr. Gates: I see. I see, I get the picture.

    Commissioner: I got a HIPC initiative. Uhhh...your good...ummm...friend, Mr. Brown had this idea you see but he hasn't got the means...

    (pause)

    Mr. Gates: (sweetly) Pray, will it take out my competitors?

    Commissioner: Nnnnot really.

    Mr. Gates: WELL IT'S HARDLY A BLOODY REPLACEMENT, IS IT?!!???!!?

    Commissioner: N-no, I guess not. (gets ashamed, looks at his feet)

    Mr. Gates: Well.

    (pause)

    Commissioner: (quietly) You know I thought that uhhh...spread in Teen Beat was rather good...uhhh...D'you.... d'you want to come back to my place?

    Mr. Gates: (looks around) Yeah, all right, sure.

    Copyright

    The original dead parrot sketch was written by Graham Chapman, et. al. for Monty Python's Flying Circus and is © 1989 Pantheon Books/Random House, Inc. My modification of it is co

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
    1. Re:Dead Patent-Law Sketch contd... by advocate_one · · Score: 2, Funny

      bally cheek... you posted that exact same skit not hust the other day... talk about blatant Karma whoring...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  30. Re:big deal by Jack+Taylor · · Score: 4, Interesting

    Well, I *do* live in the E.U. and I also like open source, so it's actually quite relevant. I know that most slashdotters live in the good old U.S. of A., but Europeans are quite a large minority, I should think. I also know that it wouldn't affect many people *right now* if the bill were passed, but in a few years it might be altogether different if lots of trivial patents were accepted...

    --
    One good turn - gets all the covers.
  31. Programmers are affected by BlackHawk-666 · · Score: 2, Interesting

    And programmers tend to hang on slashdot and other techie sites, so it is quite relevant to us. If patents are allowed to run their course, then there will be almost no chance of a single coder being able to innovate and bring a new product to market without being sued to crap by a heartless monolith. That's why programmers should care, unless they only want to work for mega corporations...

    --
    All those moments will be lost in time, like tears in rain.
  32. European Freedom by Space_Soldier · · Score: 3, Interesting

    Is it me, or is Europe more free than USA? We all know that many Europeans migrated here during the colonies because of tyranny. But they came here to create their own oppression. We got religion everywhere, censored television/radio/newspapers. We also got oligarchs telling us what we can and can not do with the shitty patent system. We need to take the USA back from this people.

  33. Don't worry, it will come back. by Pig+Hogger · · Score: 2, Insightful
    Never underestimate the resolve of big money to keep subverting the legal process (in this case, they were not able to subvert the democratic process) to buttress their short-term interests.

    But, come to think of it, let the damn thing pass, individual countries who do not want it can very well refuse to honour and protect software patent law.

    There are precedents: even though abortion was illegal in Canada (until the law that forbade abortion was declared unconstitutional), Québec refused not only to uphold that law, but even funded abortions.

    So if a particular country wants to have a thriving software industry, it can simply tell patent holders to shove their patents where their constipatedness shines...

  34. Guide to the Perplexed by shimmin · · Score: 5, Informative

    For the perlexed, here's how this works.

    Roughly speaking, the EU has a bicameral legislature, with the two houses being the Parliament and the Council. However, neither one of those bodies can introduce legislation; rather, legislation begins with a third body, the Commission.

    Now, European regulations ostensibly do not permit the patenting of a computer program, as such. However, the European Patent Office, has for a while now been interpreting those regulations differently than you or I would, and issuing software patents anyway. However, such patents have not held up in court.

    So the Commission drafts a new patent directive that would explicitly permit software patents that had some "technical effect," a term broad enough to encompass just about anything.

    The draft directive next goes to the Parliament, where it gets severely amended, such that it would exclude most software patents.

    The amended directive then goes to the Council, where it is re-amended to resemble the original version. And then something weird happens. While the pro-patent contingent got its act together long enough to amend the directive, it never got around to voting to send the amended version back to Parliament, and then, it was unclear whether they had a majority in Council anymore, and then, Council went on break.

    If the Council ever gets around to sending its version back to Parliament, Parliament will have to scrape together an absolute majority (rather than the qualified majority they needed to have to amend it in the first place) to either reject or further confuse the process. If they prove unable to do so within 3 (or 4, if they vote themselves a further delay) months (a distinct possibility), then the directive comes into force, and all the various national legislatures are supposed to harmonize their laws with the directive.

  35. Re:Constitution by rainman_bc · · Score: 4, Informative

    You know, you certainly need to learn to use google.

    From the ACLU

    Why the Patriot Act's expansion of records searches is unconstitutional
    Section 215 of the Patriot Act violates the Constitution in several ways. It:

    * Violates the Fourth Amendment, which says the government cannot conduct a search without obtaining a warrant and showing probable cause to believe that the person has committed or will commit a crime.
    * Violates the First Amendment's guarantee of free speech by prohibiting the recipients of search orders from telling others about those orders, even where there is no real need for secrecy.
    * Violates the First Amendment by effectively authorizing the FBI to launch investigations of American citizens in part for exercising their freedom of speech.
    * Violates the Fourth Amendmentby failing to provide notice - even after the fact - to persons whose privacy has been compromised. Notice is also a key element of due process, which is guaranteed by the Fifth Amendment.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  36. Software is information by Anders+Andersson · · Score: 2, Interesting
    Why was the RSA public key encryption patent such a terrible thing, whereas a patent for a hardware encrytion device is a good thing?

    Because a software implementation of the RSA public key encryption algorithm amounts to mere information that can be published in a printed book, perhaps with a CD-ROM included. A hardware encryption device cannot; it has to be sold to end-users unit by unit.

    This may not sound like such a big deal, but consider the implications for the publishing business. When someone gets a patent on that hardware device, sale of any infringing products will have to cease (or royalties be paid). When the algorithm described and implemented in your book is patented by somebody other than you, are you going to withdraw it from publication? Will people still be able to borrow copies sold to libraries, or are those to be withdrawn from the shelves too?

    Note you did nothing illegal, akin to copyright infringement, by publishing unpatended code in the first place. Therefore those copies already in circulation aren't pirate copies. You just have to stop "using" the invention for commercial purposes (such as selling copies of the code) once someone is granted a patent and tells you to stop. This can never happen with copyright, which is always granted to the author without the need to apply for it, and without the comparably broad scope that patents enjoy.

    What good is freedom of speech, if somebody else can buy an exclusive right from the government to say something vaguely similar to what I said, and thereby stop me from saying it? If you think political statements can't be made in a programming language, think again.

  37. I'd like to see some examples.... by zogger · · Score: 2, Interesting

    ...of corporations made up of all these people with families etc who lost all their jobs when just a few executives decided to close up the factory and move production to another nation actually voted or approved for that to happen. I'd really like to see some named examples of that occurring, all those little league dads and etc down working on the production floor or out on the docks approving having their jobs evaporate on them so "the corporation" could "increase profits".

    That's one of the things wrong with corporations right off the bat, you have to identify all the people involved, just not some of the people. Leave out any humans in the mix, and you are working with skewed data. Money all by itself does nothing, "capital" does not work for you, it just sits there, it takes actual humans doing actual work to make anything of any so called "investment". These corporations get chartered inside a nation, yet no loyalty to that nation or it's people working for them, their original workers, is required to keep their charter in that nation. Foreign chartered corporations are allowed to come in and decide how to use or abuse citizens inside that nation. Uhh, why is that? That's just pure nuts really.

    You could then get right into the political process and the whole mess of purchasing government,who can cut the largest check all at once to bribe their way in to get laws skewed to their favor. Or the phenomena that industrial cartels or "trade groups" are lawful everywhere, but "right to work" states with their "fire at will" laws make unionization efforts a moot point when it comes to practicality from the workers POV. They can move the jobs, but it's very hard for most workers to be able to adapt to that as fast or as easily by being able to move themselves and their familes of little leaguers someplace where their cost of living can drop to the level where the sudden "no check at all" can pay for normal things like housing, food, transportation, med care, etc. Show me anyplace in the US where even a single person can live on 5$ a day total pay without living in a cardboard box in an alley someplace, yet that's what the corporations can do in actual fact, force you to compete for your job at that level.

    There's something to be said on both sides of the issue, I will grant that readily, but all in all the political and legal system is obviously heavily skewed towards the 1% of the population who own the most "stuff" now, buried inside a bewildering array of daisy chained and interconnected corporations, each layer designed to protect against accountability, identification of ownership, and to shield from any rational responsibility and totally ignored as to any "of benefit to society" as a whole. The other 99% of the population are left to pound sand. That isn't just empty rhetoric, it's modern reality. Here, I can give an easy to see exact example. EVERY study, poll, survey, etc taken in the last several years (that I have seen anyway) indicates quite clearly, with zero ambiguity, the huge overwhelming majority of the US people want to end illegal immigration, to close the borders down better and stop the invasion, because they can see it is more harmful than not. Yet, it still continues with useless babble at the government level. Wonder why that is? Could it be the top corporate 1% and their local wannabes in the corporate world profit from that,they pay off and control government to let the real laws slide in favor of picking and choosing what they want "enforced", as opposed to everyone else, who suffer in many numerous ways? Could it be just the bribed off and controlled aspect of corporations running the government that have allowed that to occur? That should be obvious to see anyway.

    Anyhow, here's the challenge, like to see some examples where all the workers inside this corporation with kids in little league "voted" or "approved" to eliminate their jobs and send their jobs someplace else and put themselves into unemployment.

    1. Re:I'd like to see some examples.... by morganew · · Score: 2, Insightful

      You raise some interesting, if not directly related, points.

      You are dead right in that corporations rarely exist as part of the nation-state idea anymore, but they still provide jobs for someone, somewhere. When a corporation who provides jobs moves factories to another country, it creates jobs in that other country. Those people are now the families of the corporation.

      As to culpability and liability, that again raises interesting questions. If you polled the workers at GM if they thought a large monitary judgement against GM was 'unfair' - dollars to dounuts they would say "yes!" Do you think the people employed by Enron or Worldcom went to work every day saying "gee, I hope someone brings my economic life to a screeching halt by closing down that sham of a company I work for"?

      People are looking to protect their own economic self interest, so pointing to unhappy workers at one plant means you need to look at the happy workers somewhere else.

      What I personally have a problem with is companies slavish devotion to quarterly profit statments. But there again, I can show a clear reason why they do. Companies are owned by shareholders, and that's what shareholders want- quarterly returns. I think corporate boards often make shortsighted decisions to satisfy that need at the cost of long term sustainability.

      And in the end, that hurts the 'people' who work for them, no matter what country they are in.

      --
      A sig?!? I don't think so.....
  38. Re:Corporate personhood the root of all evil by giampy · · Score: 4, Insightful

    Well both organizations deal with power, since money is today the most effective representation of power, while religion and access-to-gods has been "the" power for a long time.

    One thing that people/organizations in power do, is try to get even some more power, which helps in getting even more power later on, which at the end destablizes the social system in one way or another.

    In fact, concentration of power into too few hands is the single most important reason why manysocial systems collaped in the past. Examples are everywhere. From the roman empire to the middle aged church-state, form the indian 4000 old castes-based system, (in which not surprisingly the priests become the dominant caste), to even the soviet so called "social" system ...

    We as humans need to learn from hour history and enforce very strict rules that limit power accumulation, in all its incarnations.

    --
    We learn from history that we learn nothing from history - Tom Veneziano
  39. Re:Constitution by rick446 · · Score: 2, Informative
    My right to patent my idea is granted to me by the Constitution.
    No, it is not. Read the context:
    " The Congress (emphasis mine) shall have the power... 8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"
    The people are not granted rights by this clause. Congress is.
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  40. English translation by Halo1 · · Score: 2, Informative

    Here.

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  41. From the "Devil's Dictionary" by lfd · · Score: 2, Funny

    "Corporation: An ingenious device for obtaining profit without individual responsibility."

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  42. This article is all wrong! by arturs · · Score: 2, Interesting
    "The latest rejection means that now the bill on computer inventions must go back to the EU for re-consideration."

    This is false!

    Read http://wiki.ffii.org/Restart050217En: for correct info: "The new Commission is not obliged to follow the Parliament's request and they might still try to "keep all options open" and ask the Council to adopt the zombie agreement of last May as an A-item without a new vote." and so on.

    We are very, very far away from victory.

  43. Re:what are you talking about? by Halo1 · · Score: 2, Informative
    is my idea not my property?
    Nope, it isn't per definition. A nice introduction is this presentation.
    Banning software patents cuts both ways. It erases any built up patents large companies have amassed but it also strips any independent or small developer from the protection he needs when he implements his idea or algorithm.
    This assumes that you have the funds to obtain a patent, and more importantly to enforce it in court. Are you aware that patent court cases in the US on average cost between 0.5 and 4 million dollars? (see slide 9) The major European SME associations, CEAPME and UEAPME are against software patents.

    The small company protecting its assets with a patent from a large company generally simply doesn't work in practice. Suppose you do have the funds for a court case, even then the other side (e.g. IBM) will probably have ten times as many patents your programs infringe on, so they'll countersue you if you don't want to settle.

    Have a look at how they treated Sun this way in the eighties...

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  44. Statistical Mechanics, Emergence, and Corporations by LihTox · · Score: 2, Interesting

    In statistical mechanics it is well known that, in the agglomeration of many distinct particles, most of the degrees of freedom of those particles are averaged away, leaving only a few key variables (like temperature, pressure, and so forth.)

    IMO the same thing holds true for corporations. They are made up of thousands of people, most of them entirely decent people. However, in the agglomerate there is usually only one thing that holds them together, one thing they have in common: the desire to have the corporation survive. None of them would rank survival of the company as the most important part of their lives, but all of the first-rank desires of these people are different, and so wash out under averaging.

    This is even more clearly the case when we consider the stockholders of public companies. Most often people who invest in companies are not interested in the behavior of those companies; they think of their investment as being no different than a CD or a savings bond, and so are only concerned with the rate of return. There are some mutual funds out there which only invest in "socially responsible" companies, but they're not too widespread and are generally painted with a broad brush (no tobacco and alcohol companies, for instance). Companies are not generally rewarded by their stockholders for anything other than surviving and being profitable. In addition, if I recall correctly, federal law requires that corporations make being profitable their primary objection, to protect investors. (I'm not sure about the details of this last point.)

    Another scientific field of study known as complex systems says that complex behavior can arise from simple components, and that the interaction of components can cause behavior that is entirely different than one would predict from the components separately. (Consider that you are made up of cells, and yet do not behave like a cell.) In the case of corporations, we have a large group of people, mostly rational, caring people, with a common goal of corporate survival and profit. I believe that the interactions of these people create something much different than the people themselves: organizations whose sole drive is survival. If I may be metaphorical, they are like predators always hungry, always looking for their next meal, and their sustenance is capital. They are amoral creatures, but very intelligent.

    This behavior is not necessarily caused by the extreme greed of any one person or group of people in the company. I suspect that it is a natural condition that will occur in any large-enough corporation, and it can be prevented only with the intervention of strong-willed leaders who force the company to follow other moral precepts.

    This is my theory, anyway.

  45. UK citizens: today UKPTO workshop reg deadline by Holger+Blasum · · Score: 2, Informative

    The Patent Office has today announced a series of workshops to examine the possibility of a more concrete definition of "technical contribution" in the Software Patent directive (NB: Registration deadline 18 February) More see FFII UK.

  46. Re:I Love How Many US Folk Still Don't Get The EU. by Lysol · · Score: 2, Insightful

    Yo, you are SO ON IT!

    Empire is the key here. And like every empire, ours will pull back. As I've mentioned before, the current path of the US empire is not sustainable. We generate the majority of the world's green house gasses, consume the majority of it's oil, wage war with the most powerful military, and try to dictate one set of values while engaging with another. At some point, we're just gonna get tired of it. And honsetly, I think we're getting close to that.

    Hey, I love the US. But I'm also a globalist because it's unstoppable and frankly, I'm not afraid of the world economy or infusion of cultures. You can even look back, from an anthropological point of view, and see societies and groups around the world, that either isolated themselves directly or indirectly, pretty much always died off if they couldn't assimilate.

    The EU is on the right path, but only because of their proximity to each other and thousands of years of war. In the end, they've finally figured it out - they're sick of killing each other and realize that working together is a better way. Our empire at some point will realize this too. And not just from an economical standpoint, but a social one as well.

    It's an unstoppable law of nature that those that can't adapt get plowed under. We'll see what happens to our rigid robber barons of the present...

  47. Re:Constitution by Alsee · · Score: 2, Insightful

    My right to patent my idea is granted to me by the Constitution.
    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"


    First of all you have absolutely no right to patent something that is not an invention. Writing down a mathematical function or a series of mental steps is not an invention. No one involved has any objection to patenting inventions. The objection is to the attempt to extened patents to non-inventions. It is an objection to software patents.

    Secondly you have no "right" to patent anything. It would help if you quoted the constitition correctly. What you quoted was a HALF SENTENCE. It has absolutely no subject. Read in isolation it is absolutely incoherent. The way that portion of the constitution is written can be a little tricky if you aren't familiar with it. Notice that the only period is way down at the end of clause eighteen, eleven clauses later. The first half of that sentence is waaaaay back at the begining of clause 1. Everything is broken up with semicolons, and it seems nobody today has any idea how to use semicolons correctly. To be honest I doubt I could use a semicolon properly. Anyway... the proper way to find a sentence in there is:

    The Congress shall have Power [...] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries []

    Power number 1 through power number 7 are snipped out in that first '[...]', power number 8 is the listed Progress Clause, and powers 9 through 18 are snipped out in that second '[...]'. Congress has the power to do each of those things if it chooses to do so. You have no inherent right to a copyright or a patent. Congress has the power to create copyrights and patents if they want. Just as they have the power to collect taxes. However congress was perfectly free not to create copyright and patents, just as they were free not to impose taxes. Congress is perfectly free to pass a new law declining to grant copyrights anymore and perfectly free to pass a new law declining to grant patents anymore, just as congress is perfectly free to pass new laws eliminating various taxes. I seem to recall such laws being referred to as "tax releif", so I guess that would make the other laws "copyright relief" and "patent releif". Grin.

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