EU Commission Declines Patent Debate Restart

maxkueng writes "I just recieved an email from NoSoftwarePatents.com. They say: 'The EU Commission, under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet, has decided to decline the European Parliament's request for restarting the process on the software patent directive.' More can be read on Florian Mueller's Forum post."

Comments

A slap in the face...

[c0l0]

It's a sad day for those who believe democratic ideals were still governing politicians actions in the EU. A really sad day.

Re:A slap in the face...

[Anonymous Coward]

I've often heard people question whether USA really is a democracy or it really is a plutocracy. Now we can start asking the same question about the EU. ... and I think the Commission have already answered.

Re:A slap in the face...

[FyRE666]

I think that anyone who still believed the EU was some sort of democrasy after all the evidence to the contrary over the past 10 years or more is an idiot.

You'll not find a higher concentration of villains, hypocrites and scoundrels than in the "power centre" of the EU. The main lure for the type of people who work there is purely financial. It's a trough of our money that these pigs stuff their wrinkled faces into whenever they can be bothered to go to work (seldom in most cases). The level of corruption is well documented, but (unsurprisingly) not so well investigated. These people are by and large, self serving, unelected scum who would be utterly unemployable anywhere else.

I find it disgusting that those gin soaked, lying, useless pigs are being paid by corporations to make decisions that affect the futures of billions of people... Including me... One bomb in Brussels would end far more problems than the current campaigns in Iraq (and wherever the US decides to go off killing people next).

Re:A slap in the face...

[ThisIsFred]

You'll not find a higher concentration of villains, hypocrites and scoundrels than in the "power centre" of the EU.

Why did I think of Alec Guiness when I read this? It is worth noting, though, that this should be a lesson to those who propose the solution to everything is a government fix. There is something very, very wrong with consolidating that much power in the hands of the few. You can argue that corporate interests should be curtailed, but it's a hell of a lot worse when the government is granted power to curtail. As you can clearly see, the two may end up on the same side.

One bomb in Brussels would end far more problems than the current campaigns in Iraq

I seriously doubt it. The positions will be filled in short order, and the chicanery will continue unabated. I propose that the people strip their governments of the power to regulate patents. There is a strong argument in favor: In effect, patent restricitions are government regulation, and if the EU member nations are looking to create economic growth, the last thing they need is more regulation. Or perhaps they're only looking for economic growth in their own wallets.

Re:A slap in the face...

[cofaboy]

Your thinking Alec Guiness due to John Le Carre an the smiley spy series. Our "representatives" are as twisted as the people in the books.

I have to agree one bomb is not enough, but there is more than one bomb.

I really do fear that your last sentance says it all, the size of hier wallets is the only thing that is important.

Re:A slap in the face...

[onash]

Whoah! That is a very naive opinion on the EU.

I am very grateful to the EU as it is tying together all the countries in the continent that has suffered the most from wars in the last century. By making all the countries depend on each other in trade, none of them will ever think of going to war against each other again.

Now with the addition of eastern Europe, the EU can help the poorer countries of Europe create better living situation for their citizens.. that alone will make things so much easier for Europe's future.

Your "logic" sounds like the FUD that anti-everything use on any government or international organization they don't like these days. It is just not right.. Criticism is good, but bullshit just makes things worse.

Re:A slap in the face...

[daem0n1x]

I have no doubt about this for a long time. EU is a plutocracy. The powers are so concentrated in the Commission that they can do anything they please. The Parliament is constantly disregarded. Keep in mind that the Parliament is elected by the Europeans, while the Commission is nominated by the govermnents, so the former really represents the European people, while the latter doesn't. But, strangely, the decision power is on the side of the Commission, and they have a long record of utterly ignoring the Parliament's decisions. Can this be called a democracy? I call it a plutocracy.
In the last European elections I was close to not voting, for the first time in my life. What good is voting for a Parliament that is constantly ignored?

Why can they do this?

[gstoddart]

Can any informed Europeans tell us why the Comission can just ignore what they've been told to do?

It just seems really odd that when the elected groups say "game over" the other group can just say "too bad, we're doing it".

Re:Why can they do this?

[RWerp]

Why the euroskeptics dislike the EU? Because it has too little democracy, they say. Why does it have too little democracy? Because the eurosceptics prefer to give national governments the right to decide matters over people's - and parliament's - heads. Why the euroskeptics don't wish to give those powers to the Europarliament? Because they dislike the EU...

Re:Why can they do this?

[DF5JT]

"The right place to petition against software patent would not be the European Parliament, whose advice gets routinely ignored anyway, but the *individual governments of each country*."

The governments of the respective countries were the entities to ask for a new start of the process. The commission is an independent body elected by the council.

Its power to deny requests for fundamental democratic procedures is what's scaring me.

I can't see anyone in his electorate envisioning this guy just dismissing a democratic process when the request is supported by many of the 25 countries.

Who is this guy?

Re:Why can they do this?

[swillden]

on a very practical level, an individual state is very much like a country.

On paper, anyway. And in practice in some respects, but states' rights have been eroded rather badly over the last century or so. The combination of the massive stretching of the commerce clause and the constitutional amendments making senators publicly elected and giving the federal government the right to levy direct income taxes have weakened the states dramatically.

People differ on whether that's a good thing or a bad thing, but it's definitely not what was intended, except perhaps by some of the most extreme Federalists.

Huh?

[Otter]

The EU Commission, under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet, has decided to decline the European Parliament's request for restarting the process on the software patent directive.

Failed to decide to decline to request to restart the process on the directive?!?

Normally I cringe at stupid comments like "Microsoft puppet" but in this case, it was the only clue I had to unravel the rest of that tangle and conclude that this is a win for the pro-patent side.

Been thinking about this lately...

[GreyWolf3000]

Perhaps our rejection of software patents over, say hardware patents, lies in how easy it is to write software and how hard it is to make hardware.

I agree that a lot of software patents are a joke (the isNot example comes to mind)--but so are a lot of non-software patents. I think we just have a preference here because software patents "hit closer to home."

If it were as easy to get "duh-obvious" patents in the hardware realm, the hardware world would similarly be handicapped. In my opinion, we simply need more, better-educated people working at the USPTO, as well as stricter, more consistent rules for granting patents.

A great new idea that no one has thought of before can theoretically exist in any field, even software.

I can see how free software is threatened (I am myself an advocate), but I fail to see how any other hobby activity is also not similarly threatened, except for, say, building remote control cars isn't as easy to "publish" than software.

I guess my point is that the real problem is crappy patents, and they exist in every field, and they cause similar problems. Maybe there is a place for software patents that do truly contain unique and innovative ideas--or at least such a software patent would have more merit to me than a frivolous hardware patent.

Re:Been thinking about this lately...

[nattt]

You miss the point that hardware is a thing, whereas software is, in source form, a free expression of ideas, as any novel in literature is. Software embodies algorithms and algorithms are rightly not-patentable as they would limit under law the range of legal human thought.

Software is more than adequately protected by copyright. The only good solution for software patents is no software patents. I can sort of see the point of patents on hardware, but again, they need to be quality patents or the problem is worse than the solution.

Re:Been thinking about this lately...

[Otter]

Perhaps our rejection of software patents over, say hardware patents, lies in how easy it is to write software and how hard it is to make hardware.

I'm not sure who "our" refers to, but historically there has been a policy that patents should be awarded for inventions, not ideas, not even really clever ideas. Software patents (and business patents) represent a backing away from that policy.

Democracy?

[GeffDE]

I don't believe that the European Commission negated any sort of democracy. Before I get mugged by a bunch of open-sourcers, I must say that I completely agree with the harsh language and condemnatory tone of the article, as well as with the idea of open source. However, a democracy cannot be negated; the fact is, a democracy is a form of government where the people as a whole have the final say. That is obviously not the case, as the European Commission as a whole (and the Microsoft puppet and failed Prime Minister of Portugal specifically) was able to have the "final" say. I find it really petty when people try to get a reaction out of people by using incorrect words that have a strong connotation (like freedom, liberty, democracy) instead of using the correct terminology.

Re:Democracy?

[KontinMonet]

Not only have they ignored the EP, they have ignored the EP's Conference of Presidents; the European Council; other Commissioners; the express will of at least 6 national parliaments; constant representation by, for example, the body representing SMEs (11 million businesses employing 70 million people) and any number of MEPs; the legal committee (JURI); the normal processes and procedures concerning directives; and precedent.

It is simply the willfulness of one man (the Irish rep McCreevy peeping out of Sir Billy's pocket) and the Commission president negating any form of democratic will.

antidisestablishmentarianism

[Doc Ruby]

This is confusing. "NoSoftwarePatents.com" wants "no software patents". The EU has stopped legislation that would have created SW patents several times. Every time the laws get stopped, the process gets restarted, and SW patents become possible again. This time, the EU has stopped the restart - which would seem to stop the patents. So why is NSP.com against it? What am I missing? Would *this* time through the process somehow explicitly produce a "no patents" law, which would stop it "once and for all"?

Re:antidisestablishmentarianism

[One Louder]

This time they're ignoring the "reset" button and barrelling ahead with the previous proposal. The process has not actually stopped this time, just suspended a little bit.

As an American I'm torn - if the EU does not have software patents, they'll easily pull ahead of the United States in the software arena while we litigate ourselves into irrelevancy. However, I'd much rather see the playing field made level by eliminating our own software and business method patents then burden the Europeans with the same yoke.

Re:antidisestablishmentarianism

[Tough Love]

Somebody wants this law so badly they will bend and break any EU rule they can to get this software patent legistaltion through.

None other than Bill Gates. There is a reason he showed up in Brussels the day before the JURI commission was to decide whether the process should be restarted or not. There is a reason that Charlie McCreevy, former head of the Commission and now self-appointed leader of the committee that decides whether to take such steps as ignore the unanimous direction of the European Parliament to restart the process, dances on the end of Bill's string. What is this reason? As former minister of finance of Ireland, and Microsoft being the largest taxpayer in Ireland, Bill Gates paid McCreevy's paycheck. Bill Gates probably still pays McCreevy's paycheck. There is a reason for everything.

Seriously

[October_30th]

A wannabe Napoleon who heads the Commission and a Microsoft puppet that runs the DG (directorate general) in charge have decided to negate democracy.

With unhinged comments like that he's never going end up anywhere else than in the populist fringe.

Re:Seriously

[Anonymous Coward]

While I quite agree with you...

What if he is a wannabe Napoleon, and the other guy is a Microsoft puppet?

Lately things have been getting so bad that when somebody says the truth, they get shouted down for extremism.

Re:Seriously

[eddiegee]

With unhinged comments like that he's never going end up anywhere else than in the populist fringe.

Congratulations! Your phrase "populist fringe" has won the Best New Oxymoron award! It will now join the ranks of such timeless classics as "military intelligence", "compassionate conservative" and "Microsoft Works"

Sigh

[Turn-X Alphonse]

I'd like to say "keep fighting it", but lets face it, if 1 or 2 countries keep fighting it they'll just make some new law which lets them ignore 1-2 people being against it so they can just force it through.

Very similar to the hunting ban in the UK, the lords didn't want to ban it so the Government used an act ment for emergencies to force it through and get their way. Surely the EU have a clause which can do the same in some form..

As an american

[Anonymous Coward]

I am also torn. I think software patents are a terrible burden on software developers and open source software. However I think it's great that the Europeans are willing to hand us their economy like this. Americans and asians own 70% of the currently unenforceable software patents in the EU. Banana republic! Ha ha! PWNED!!!!11!!!one!!1

Michael

Mark Twain on politicians

[Anonymous Coward]

"A honest politician is one who, once being bought, stays bought." -- Mark Twain.

Re:I think we know what the EC thinks of him.

[Brandybuck]

This is our spokesman? Get him the fsck out of there!

Free Software will never be ready for prime time until we learn to muzzle our wackos.

In the Land of Adults...

[reallocate]

...under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet...

Now, that's the kind of insight that gives so many of those people the great reputation they have in the Land of Adults.

Regardess of the merits, or lack thereof, on either side of this issue, that virulent phrase manages to combine the two central themes defining how many free software advocates relate to the rest of the world:

1) Anyone who disagrees with me is incompetent.
2) Anyone who disagrees with me is also taking Microsoft money.

Re:In the Land of Adults...

[dAzED1]

just because you're paranoid doesn't mean that they're not after you.

where's the option for if the other side really IS incometent, and really IS taking money from MS?

In the Land of Realistic Adults, we realize that there are more than 2 sides to a coin...but that sometimes 1 side is better. A side that has Britney Spears naked, for instance, is much better than one with Al Gore naked.

on the other hand

[szo]

Just because something sounds like a flamebait, it doesn't mean its not true.

Szo

Gates in Commission for Criminals

[adlaalook]

Why, only a few months ago, Mobistar was fined, by the EU, because they sold "a package" (Nokia + Mobistar), but MS Gates can walk free, while new pc's are delivered with XP, without even asking you, when you buy, but you pay MS anyway. As long as people as Gates, can impose terms, and walk away, everytime again, nothing will ever change! We (europ) should send BarbaRosso to jail, he's no democrat, he's the same kind as Gates, they rule, but not for the intrest of the people!

Re:"someone who failed as Portuguese prime ministe

[fsmunoz]

Right on target.

It's actually another thing also, closely related to that, and I speak as a portuguese: the attraction of Brussels is that it gives the - generally mediocre - local politicians a sense of "grandeur". It's *the EU*, they can privy with really important people, they will be talked in their place of birth as "having a high place in Brussels...". It's the petty burgoise thinking applied to politics, some weird sense of self importance that comes from talking trough an interpreter and having "sattelite time" to communicate with the locals, obviously barbarians, away from the place that really matters, where they, previously unknown, talk to people with strange names that do matter.

Just talking about this makes me both ashamed and angry as hell. It's a blow in me national pride each time I see them all happy and subservient, like a pincher that is glad he can stick around a doberman and call him "is great pal".

Then parliament should sack the commission

[cabalamat2]

Because they don't think the parliament will fire them over just this, and that is the only option of sanction the European Parliament has.

Since the unelected European Commission insists on treating democracy with open comtempt, the European Parliament should sack them.

Somewhat different...

[Kjella]

US model:
1. Pay fat campaign contributions
2. Blow vast amounts of money on convincing the sheep (voters).

EU model:
1. Let voters choose their national government
2. Lobby the EU beurocrats
3. Watch the EU do whatever the hell they want, regardless of national opinion.

So while EU might have a democratic deficit too, I don't think it is the same as the US. More like a modern aristocracy (Government by a ruling class) than a plutocracy...

Kjella