Slashdot Mirror
EU Says No To Software Patents
Moggie68 writes "European parliament has . struck down the proposal for a directive that would have brought US-style software patents into EU." Here's another story on the decision.
← Back to Stories (view on slashdot.org)
The patent lobby tried to sneak in software patents through the back door, by claiming that it was only about harmonization, that the directive wouldn't change anything, etc, etc. They failed.
The issue has led to the most intensive lobbying campaign ever in Brussels (from both sides). Whatever their position on the issue "as such" may be, there is not a single member of the European Parliament who now thinks that this is "just a small technical matter that can safely be left to the patent experts to decide on".
If the patent lobby wants to continue working for the legalization of patents on software and business methods (and they will), they will have to engage in a serious debate about the benefit/harm of such patents. And since they don't really have any arguments that can stand scrutiny in daylight, they will have a very difficult time.
Sure, the FFII would have preferred a directive that reaffirmed the ban on software patents in Article 52 of the European Patent Convention, and led to greater harmonization in Europe. Alas, that didn't happen, because the patent lobby got cold feet and preferred to kill the directive rather than risk a vote in Parliament that they would probably have lost.
But at least we didn't get a bad directive that wiped out Article 52 and forced national parliaments to introduce software patents against their will. The situation now is that software patents are illegal in Europe (as they always have been according to the EPC), but that we still have a European Patent Office that needs to be reined in so that it starts to follow the law.
But the law remains unchanged, and computer programs and methods of doing business are not considered patentable inventions.
Today was a great day in the battle for a free and open information infrastructure, and for a favorable business environment in Europe for enterprises that use or produce software.
Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
Although this definitely counts as a victory, it's not the best of all possible outcomes.
That would have been having the right amendments accepted, turning a bad law into a good one. (And having the law in place for all of the EU would have meant that it'd be impossible for the big software lobby to still push this through in individual countries, something which they're now likely to try.)
The battle has been won, but the war is far from over.
The individual countries can still regulate their own software patents, and this measure only made it so there is no EU wide guideline for sw patents.
What we really need is a directive to *ban* software patents on the EU level...
The UK PTO in particular has quite a hard on for patenting, and it is a UK Labour MEP who has been pushing hardest for patents.
"To any truly impartial person, it would be obvious that I am right."
That's a pretty big majority. To be honest, I expected the bill to slip through, or at least be a pretty close call either way based on what people have been telling me about the responses they have recieved from their MEPs.
I realise this wasn't really the best outcome, but it's a damn sight better than seeing that brutal directive sneak it's way into EU law.
She's built like a steak house, but she handles like a bistro....
Anybody got a list of those MEPs who voted in favour of this? Just want to make sure there are no familiar names.
Too bad the EU constitution was rejected, it would have given more power to parliament instead of the comission which is composed of appointed bureaucrats instead of elected representatives.
WOO HOO!
The council is composed of the ministers of each member states. So to say it is undemocratic is the same as saying the elected governments in each state is undemocratic.
The commission is more like the civil service in member states, it's members are apointed by the member states governments. I do not know of any country where the civil service is elected. This is why the commission hasn't been given the powers to bring in laws on its own, with out the aproval of the council and the European parliment.
The EU is as (or more) democratic than it's member states. The bigest problem is some times goverments say one thing at home and vote the oposite in Europe and then try to say Europe is imposing something on them.
The European Patent Convention from the 80s already prohibits patents on "programs for computers". The catch is that the EPO doesn't follow it, although it should.
Doesn't that provide a slam-dunk defense for anyone accused of infringing a software patent? It seems that if you were sued for infringement you could just point out to the court that the patent was erroneously issued. After a couple such cases, the precedent would be firmly established and future defendants would hardly have to do more than show up.
Further, it would seem to deter holders of such invalid patents from pressing their claims, because pressing a claim would just get the patent invalidated. Since a valid but unenforceable patent is a (very) little bit more useful than an invalidated patent, holders would have to think twice about filing "harassment" suits that they know they'll lose.
Obviously, it would be better if the EPO didn't issue those patents.
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
The council consist of ministers from the local governments, who are appointed by the prime minister, who are elected by a majority of the parliament, whose members are elected by the people.
The commission consists of people apointed by the local governments.
In both cases the best we can hope for is a tripple indirect democracy.
This is ok as long as the directly elected representives can propose and reject legislation. This is the case in the national parliaments, but in the EU parliament they cannot propose legislation, and the rules have deliberately made it very difficult for them to reject legislation. This is actually the first time the parliament have managed to get enough votes to reject a law.
Now that this directive has been defeated, now is the time to write congress and get them to think - if the EU has voted against this, perhaps it's time they take alook at our own system and engage in reform.
Especially if presented as a case for helping small businesses (the engine that drives the economy) it seems like at least a few people in congress would be willing to champion a second look at the mess we have today, when presented with some rational arguments why they might want to roll back the power of software patents as they stand.
This further helps the EU as well, as it turns the battle into one of multiple fronts instead of just letting pro-patent people focus on the EU until they break.
"There is more worth loving than we have strength to love." - Brian Jay Stanley