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...

[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...

[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.

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...

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.

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.

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

[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..

Mark Twain on politicians

[Anonymous Coward]

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

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.

on the other hand

[szo]

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

Szo

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.