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EU Patents Won't Stay Dead

Posted by Zonk on from the like-legislative-zombies dept.

sconeu writes "Apparently the EC is ignoring the restart directive, and has placed software patents as an A-Item on the Council of Minister's agenda with an aim for approval on Monday." From the article: "The directive is pitched as offering greater protection for software developers. Opponents, including many in the European parliament, fear it will simply provide big players, including America's powerful and litigious software giants, with a very large stick to batter upstart developers and the Open Source movement." Update: 03/04 22:04 GMT by Z : And just as quick as you please Denmark stops things in their tracks. Denmark's objection means that there will have to be further debate before the patents get the stamp.

10 of 410 comments (clear)

  1. US influence peddling goes world-wide by Harodotus · · Score: 5, Interesting

    Is it just me or does it sound like Microsoft and other litigious American software giants has bought the influence of this European commission? I can only hope that the many countries involved will stand up and fight to at least hold debate on a matter that might ruin most small and mid sized European software companies.

    --
    Its not users who are broken, it's systems not taking account their likely behaviour and fixing it technically.
    1. Re:US influence peddling goes world-wide by badfish99 · · Score: 5, Informative
      Actually, the first draft of the proposed patent lay was found to have been written by the Business Software Alliance (see here

      If you look at the BSA web page, you will see that the members of this alliance are primarily US businesses: they list Microsoft, IBM, Intel etc etc as their members.

      So in this case the original poster is correct: this law seems to have been "bought" by US businesses.

    2. Re:US influence peddling goes world-wide by Qzukk · · Score: 5, Insightful

      Its your representatives. If they are willing to get bought out by corporations that is your problem.

      Yeah, a shame that these so called "representatives" aren't even elected, so they don't even answer to the citizens of the countries they "represent". Don't you find it odd that the elected portion of the EU repeatedly turned down software patents while these "representatives" are going full steam ahead?

      the groupthink here won't allow me to expound on that, so I won't bother.

      To counter groupthink, you'd have to first think, but most of the people who blindly defend software patents fail to do that.

      What do you think will happen if this EU directive passes, and countries that previously did not accept software patents are forced to accept patents from those countries that do? You ARE aware that software patents are allowed in some countries, and that the EU is acting in its capacity to "smooth out" legal differences to facilitate trade right? Just wanted to make sure you're not spouting off bullshit about things you have no clue about. So what happens when your 5-year-old product meets the 2-year-old patent that suddenly materializes from another country where they didn't care about your software as prior art?

      Before you bitch and whine about groupthink, note that this post has nothing to do with goodness or badness of patents, or abuse of the patent system or anything, it simply points out that the change in patent law will allow companies in countries with patents to wake up one day and crush everyone else.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  2. I don't understand by Auckerman · · Score: 5, Interesting

    Why do Europeans allow a non-elected commission to determine economic policy? It makes no sense to me that a state would agree to hand out such important matters that, in my mind anyhow, require representation to do. Personally, I don't give crap about software patents, I'm more amazed the EU is run like this.

    --

    Burn Hollywood Burn
    1. Re:I don't understand by Lussarn · · Score: 5, Informative

      Why do Europeans allow a non-elected commission to determine economic policy?

      The Euuropean union is a young and a very fastmoving project. I believe very few europeans know what the parlament actully do and what the commission do. I'm a swede and very seldom we get to vote, there is close to zero follow-up on the people we vote on in the media and frankly we don't know what they do. I don't think democracy is one of the strengths of the EU right now. Maybe in the future.

  3. Protects small developers? by Sta7ic · · Score: 5, Insightful

    Sure, software patents protect small developers. That's why Carmack's Reverse is patented by 3DLabs (who John Carmack doesn't work for, and received royalties from Doom 3 sales), one-click ordering is patented by one of the online auction giants, and is why we're seeing elements of standard computing operations being patented on a weekly basis.

    How does the patenting of the components and standard processes of computing protect the small developers if the small developers are no longer allowed to freely develop?

  4. Denmark and Poland Will Deal the Death Blow by TerminalSpin · · Score: 5, Informative

    Apparently, the Danes have stepped up to kill this one! http://www.nosoftwarepatents.com/phpBB2/viewtopic. php?t=428

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    :wq
  5. Actually, they are as good as dead by CharonX · · Score: 5, Interesting

    According to this article in the German IT magazine Heise.de (use the fish), the danish parliament has giving their minister for economy, Bendt Bendtsen, binding orders to request a complete restart of the whole negotiations.
    The parliament of the Netherlands have giving their representative orders to support any demands for new negotiations.
    Finally, the German representative would face sever pressure (he'd probably have to resign) should he ignore the German parliants demands for new negotiations.
    As for many of the "new" EU members, they will probably not support a decision that might severly restrict their fledgeling IT economy - no matter how much Microsoft and the other "big players" try to lobby.
    So, all in all, its as good as dead - at least for now.

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    +++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
  6. The danes blocked it again... by SlashDread · · Score: 5, Informative

    Today, the danish comission of European affairs ORDERED their governement to not treat the new software patent directive as a "done deal".
    The Dutch governement had earlier said it was hoping on a redraft opf the bill, but would not block the vote, something the German Governement had also done.
    In the meantime the Dutch VVD also brought in a motion to try to get an amendment to bring "community patents into the bill, which then would have to be completely redrafted.

    Source: www.webwereld.nl

    I dont know about you folks, but I'm thinking: "It ain't over 'till the Fat Lady sings"
    And I somewhat like the idea of a commons of patents.

  7. Re:Well by Anonymous Coward · · Score: 5, Insightful

    > If you are a lone programmer (or a small independent group) who comes up with
    > something that you need to make money out of, patents genuinely help you.

    Copyright helps me, having to do a patent search for every 15 lines of code helps nobody!

    > that does not mean the spirit of software patents is wrong.

    The spirit of software patents? Some things were excluded from patent protection for a good reason, math, literature and computer software included!