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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.
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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
The so-called software patent directive, rejected by a 648-14 vote with 18 abstentions, would have given companies EU-wide patent protection for computerized inventions ranging from programs for complex CAT scanners to ABS car-brake systems.
PWNED!!!
Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
Congratulations to the FFII for all their hard work and patience campaigning against the directive!!! These people deserve all the support they can get.
For the time being I can rest assured that working as a programmer I do not have to watch my every statement.
Coca-Cola, sometimes War.
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.
Here is a link to the offical EU press Release:
http://www2.europarl.eu.int/omk/sipade2?PUBREF=-/
Some really good comments in there from some clued in and angry MEPs...
Pablo
Personally my only problem with software patents is the length. I think that an 18-36 month patent is reasonable but anything over that is not.
From the article:
"You don't patent a mathematical formula, for software is merely a connection of a mathematical formula," said Michel Rocard, the former French Prime Minister who was in charge of steering the parliament debate.
Rocard, a deputy for the Socialist group, said patents worth tens of billions of dollars (euros) were potentially at stake and, in terms of impact on businesses, the bill was the most important piece of legislation the assembly has ever dealt with.
The patent system seems to work best when patents cover things. It seems to cause real damage when it covers such things as mathematical knowledge and software. Broader than just those two, though, is the application of patents to "systems" wherein the thing being patented is just a step of instructions. It is a far cry from a tangible item to a way to do something.
Some 178 amendments to the bill were tabled by lawmakers before the vote. In the end parliament decided to vote down the law, fearing the amendments would dilute it and make it an inadequate compromise.
"It was a mess. Better no directive than a bad directive," said Tony Robinson, spokesman for the Socialists.
Unfortunately, that seems to mean that the topic may come up again, only in a more streamlined and possibly more palatable bill. It is nice that OSS advocates are crying foul against the patent system, but the real change will come when private businesses understand the threat posed by an all-encompassing patent system.
Jesus saved me from my past. He can save you as well.
NOW is the time for everyone in the USA to start protesting against the same practices in the US. No software patents anywhere!
(Of course, the US will lose significant competition against european companies who will be much more at liberty to innovate... this hurts YOUR business)
Not to rain on the parade or anything, but aren't we exactly as close as before? I mean it's still exciting that we aren't further from freedom than yesterday...
~p
WOO HOO!
And let's not forget Jerzy Buzek (Polish MEP, ex-Prime minister), Michel Rocard (French MEP, ex-Prime minister) and Andrew Duff (English MEP) for their excellent, intelligent, patient work. Thanks, gentlemen, we wouldn't have won without your invaluable help. Thank you so much!
The EPO (European Patent Office) has granted patents on algorithms for years, despite the fact that they are illegal under the current European legislation. And it seems that the fight will go on there (cf. this article).
However, considering today's vote, the patent offices can not anymore claim that their interpretation of the law have a political backup.
--Go Debian!
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.
Property for sale in Nice, France
Here is the slightly worrying meat of the matter (from TFA):
So it seems that the bill was not voted down because the anti-SWPAT people were able to persuade the voters of the rightness of their cause, but that it was spammed with amendments until it collapsed under its own weight.
Still a good thing, of course, but it would have been nicer to have this stupid idea explicitly faced down.
--
What short sigs we have -
One hundred and twenty chars!
Too short for haiku.
You clearly have no idea what mathematics is.
Do you think that all of maths is simple arithmetic? I hope you realise that apply is a mathematical operator : this is what you would refer to as "calling a method". Defining a function is an equation. Do I really have to spell it out for you? Everything in your programs is mathematical. Not necessarily arithmetical. Please learn the difference.
Practically all programming language semantic research is couched in the terms of category or set theory. That you don't know this doesn't mean it isn't so. Look it up if you have more than a passing interest in your career.
When a patent claims something like the "method of drag and drop", it is claiming that all possible symbolic forms that implement this method are infringing. These forms, like every program you have ever written, are mathematical. The big issue is that the form is not being claimed as in a copyrighted work or a physical patent: it is the very concept of solving the problem that is being claimed. Once you have spotted a problem, you immediately control all possible solutions.
Now we Americans will have to compete against Europeans with technology instead of lawyers.
So close! We almost had them!