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EU Software Patent Directive Adopted

Posted by Hemos on from the big-bad-news dept.

sebFlyte writes "FTA: "An EU Council spokeswoman said on Monday morning that the Computer Implemented Inventions Directive had been adopted." Apparently it's due to 'institutional reasons' that they're ignoring the outcry from developers and several nation states ..."

15 of 455 comments (clear)

  1. aarrghhh! by catalax · · Score: 5, Insightful

    THESE FUCKERS!

  2. It still has to go for a 2nd reading... by ites · · Score: 5, Insightful

    So if the reason for letting the directive pass now was simply "administrative" and not related to its actual content and meaning, this leaves space for it to be rejected later.

    Being personally deeply affected by this directive - I own a software company that does a huge amount of R&D - I really hope the MEPs will do the right thing.

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    1. Re:It still has to go for a 2nd reading... by elgaard · · Score: 5, Informative

      You better start explaining to your MEP why this is so important.

      The second reading will be much more difficult than the first reading because this time they need a majority of all MEP's (not just MEP's present) to change the directive.

    2. Re:It still has to go for a 2nd reading... by 91degrees · · Score: 5, Interesting

      I.e. all hands on deck for a topic that is not likely to attract votes from ordinary EU citizens.

      It all depends. On the surface, this is about patents, but (assuming we're not being misled) this is about democracy, and the EU Parliament being made irrelevent.

    3. Re:It still has to go for a 2nd reading... by ites · · Score: 5, Insightful

      "Start patenting" is easier said than done. It costs a minimum of EUR10,000 a pop, which is a lot of money for a small group. And then all existing US software patents will take force with prior dates.

      Lastly, patents are worthless without the means to back them up. A "large enough portfolio" mainly means you're willing to go to court to defend your claims.

      If this directive is passed, European software researchers like my firm are basically put out of business. We cannot recover or protect our past investment, and our clients will not risk working with technology from small firms with no patent protection.

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  3. it's time to become (more)anonymous by castlec · · Score: 5, Interesting

    we'll have to write good, patent infringing software. software that is so good it causes the downfall of a company and benefits the world while doing it. all of this, while trying to remain anonymous. i take this time to wish everyone good luck.

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  4. Note that this means it goes back to Parliament by Anonymous Coward · · Score: 5, Informative

    Note that this means it goes back to parliament for a second reading (where an _absolute_ majority of 376 votes in the Parliament or something like that is needed to do *anything* about it (i.e. abstentions, absences, etc. count as votes _for_ the directive) - seems to be corruption is build into system, but there you go).

    Time for a straightforward declaration of our own, I think:

    "We, the undersigned, will not honour or respect european patent law any more. There are millions of us. You'll have to kill us all before you ever get your patent monopolies, you corrupt corporatist fuckers. Good day."

  5. Time for a lobby by SeanJones · · Score: 5, Interesting

    This is now in the hands of our beloved European Parliament. I understand that most of the MEPs have long since been lobbied to the brink of resignation on this issue, but let's make them work for their croissants and travel expenses. The linkk below is to a list of UK MEP's email addresses: http://vox.org.uk/MEPMail.htm Sean

  6. It's Not Oer Yet... by PipianJ · · Score: 5, Informative

    RTFA. The European Parliament still has to vote on it, and have rejected it before.

  7. Always go to ffii.org by Baron+Eekman · · Score: 5, Informative

    Best information source for the EU patent-problem.

    Here's the press release

  8. FFII Press Release by Halo1 · · Score: 5, Informative
    Available here.

    And as someone else already said: the Council has adopted its "common position" (although it was far from common in this case). It still has to get into the European Parliament, through its second reading (where it can be amended or even rejected, after which the whole game is immediately over).

    Anyway, as far as I am concerned, the big news is not what they adopted (a directive text which codifies the European Patent Office's US practice), but how they adopted it. Three countries with the support of several others asked to reopen discussions, and the Luxembourg presidency simply denied that even though they have to let the Council as a whole decide about that according to their own rules of procedure (point 3.8).

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  9. Re:see you by JohnFred · · Score: 5, Interesting

    It's not at all obvious. The Parliament is supposed to gain more power on paper, but there are several complicating factors, like the new President, Foreign Ministry, and streamlined Council. The BBC have attempted to summarise it..

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  10. Write to your member of the EU parliament now by Anonymous Coward · · Score: 5, Insightful

    The only institution that can stop this madness now is the EU parliament and it has shown several times now, that it is willing to do just that.

    They even asked the EU-Commission to restart the whole process, but the Commission flat out denied this request. I can't imagine that members of parliament like to be treated like that.

    So please, write your local member of the EU parliament and tell him that you ask him to do everything within his power to stop this madness.

  11. Somethins is rotten by Underholdning · · Score: 5, Insightful

    From TFA: Last week it was reported that Denmark would attempt to have the directive listed as a B-item, rather than an A-item, allowing the text to be renegotiated.
    And so they did. Try, that is. But was told that it was impossible for an A-item to become a B-item. They believed it, and didn't object further. This is bogus, because there's nothing that prevents A-items to be ruled as B-items. I smell a rat!

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  12. Implications for a European believer in democracy by born_to_live_forever · · Score: 5, Interesting

    I've been fundamentally opposed to the EEC/EU for as long as I've been an adult voter. I first voted "No" to a proposal to expand EEC powers in 1986, and I've consistently followed this path, ever since.

    In recent years, however, I had been considering a number of arguments in favour of the EU, and I was actually leaning towards voting in favour of the new constitutional treaty, at the upcoming referendum (in my native Denmark).

    Not any longer.

    If I had any doubts about voting "No" at the upcoming referendum, this situation has removed them. The process has revealed a complete disinterest in democracy at the highest levels of the EU - and a servility towards "business interests" (for which read: certain major corporations and their vested interests in maintaining their monopolistic powers) that borders on the shameful.

    The autumn, I will go to the polls and vote "No". I urge any Europeans with similar concerns to adopt the same position.

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    - Peter Ravn Rasmussen