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.

Comments

Victory!

[Christian Engstrom]

This is almost a total victory for the opponents of software patents.

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.

Note

[Anonymous Coward]

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.

Politics do work! (sometmes)

[Martz]

I sent an e-mail to my MP using http://www.writetothem.com/ and received a personalised letter on House of Commons letter header paper. My MP is Michael Jack and this is his response (typed out for your visal digestion):

Dear Mr Palastanga,

Thank you so much for your email of 21 June and for the care that you have taken to lay out in clear terms your concerns about the application of patent law within the European Union to software.

The picture you paint has a parallel. In, for example, the radio telecommunications business there are numerous examples of multinational companies who have attempted to control the development of new standards in the industry to the detriment of small innovative European based companies who, as you rightly observe, are the engine rooms of new concepts and technologies.

I will certainly make representations on your behalf both at a national and European level to alert key decision makers to your concerns and seek their assurances that in future work in this area they will fully reflect upon the very important points you raise in your email. As soon I as I have further news I will, of course, write to you again.

Yours sincerely

The Rt Hon Michael Jack MP

OK, sure, I didn't personally stop the directive - but I have a little faith restored in politics now I have had a personal response from a real MP. Well done to all of the FOSS projects, developers and end users who have helped raise awareness about Software Patents.

WOO HOO!

Re:Wow.

[horza]

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 have received replies from every MP I have written to.

Dr Caroline Lucas (Green Party) - against the legislation, and mentions Richard Stallman and Alan Cox.

Daniel Hannan (Conservative) - for the legislation, claiming problems in US are exagerated and there is little evidence of large companies using patents against smaller ones

Nirj Deva Dl (Conservative) - for the legislation, though at the end states he will insist on a 3 year 'review' clause

Edwards McMillan-Scott (Conservative) - for the legislation, repeating many points above. States that the legislation does not affect the development of open source software.

Nigel Farage (Independence Party) - against the legislation, saying it benefits multi-nationals over the SMEs.

Ashley Mote (independent candidate) - against the legislation. Strong words and even if the legislation passes he suggests battling it through UK parliament.

Peter Skinner (Labour) - against the legislation. Very well informed as to EU parliamentary positions and he VERY clearly states why Labour is against software patents. Talks about Open Source, and even says he is supporting a UK campaign for a defense fund to protect small companies from litigation abuse by "dominant market players".

So it appears from my responses that the Conservative party are for software patents, and everyone else against. Can anyone else who received replies from their MPs attach a summary below mine. It will provide a useful resource for which way to vote at the next European parliamentary elections.

Phillip.