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EU Software Patent Argument to Reopen?

pryonic writes "The Register is reporting that the EU software debate may be reopened by the Internal Markets Commissioner Charlie McCreevy. He has unveiled a public consultation on 'future action in patent policy to create an EU-wide patent system can take account of stakeholders needs.'" More from the article: "Both individuals and businesses are invited to contribute to the consultation which will run until 31 March. In launching the initiative McCreevy said that the European Commission wants to make the single market for patents 'a reality.' He urged individuals and businesses to give their views on how that could be achieved." Groklaw has commentary on this development as well.

40 of 164 comments (clear)

  1. You must STOP it now, we couldn't in the US by Anonymous Coward · · Score: 5, Insightful

    You MUST STOP SOFTWARE PATENTS NOW. We could not in the US and look at the mess we are in.... Do whatever it takes to talk with your representatives, MPs, etc. Get a good, solid dialog going and put this to bed.

    1. Re:You must STOP it now, we couldn't in the US by El_Muerte_TDS · · Score: 4, Insightful

      We tried and succeded, or at least, until 2007. It just won't stay dead.
      One "yes" and we're screwed. One "no" and we'll have to repeat it over and over and over again until hell freezes over (or we until we say "yes", whatever comes first).

    2. Re:You must STOP it now, we couldn't in the US by nickos · · Score: 3, Interesting

      I didn't see this mentioned on /. at the time and only found out about it myself just recently, but France may be about to get the worst copyright law in Europe and ban Free/Open Source Software - see here...

      SNEP and SCPP have told Free Software authors: "You will be required to change your licenses." SACEM add: "You shall stop publishing free software," and warn they are ready "to sue free software authors who will keep on publishing source code" should the "VU/SACEM/BSA/FA Contents Department"[1] bill proposal pass in the Parliament.

  2. Single market = OK by mtenhagen · · Score: 4, Insightful

    The goal of creating a single patent system for europe is not a bad thing in itself. But they should start with the lowest dominator instead of trying to make "everything" patentable.

    Lets hope they've learned something from the previous attempt and they will go for a clear patent systems that only allows "real" inventions.

    But I honestly dont think that the big money will accept a more strict patent system. So we need to keep the politicans aware of what the citizens think!

    --
    200GB/2TB $7.95 Coupon: SAVE90DOLLAR
  3. This will be fun! by lbrandy · · Score: 5, Funny

    >omg patents are so bad (+2, Insightful) >>omg yea, the system is broken (+2, Insightful) >>> yea how you can patent a process.. this is riduclous (+5, Informative) >>>> but we need patents to continue innovation (+3, Interesting) >>>>> No you don't! In my business, , and then (+5, Informative) >>>> i have patented complaining about patents, you owe me money (+5, Funny) >>> It's all president's Bush's fault. (+5, flaimbait) >>>> I hate microsoft (+5, Off-topic)

  4. Surprise surprise. by gasmonso · · Score: 4, Insightful

    Is it any surprise that the issue hasn't gone away? Look at the two major supporters for software patents...Microsoft and Sun. They are just using their power and influence to dictate policies that favor them. What I found amusing is this... "The bill had been supported by the European pro-patent lobby, which included corporations such as Microsoft and Sun, who claimed that the directive would encourage investment in research and development in Europe." Sure it would encourage investment....from large companies like MS and Sun. They of course will reap most of the benefits aswell. Software patents are a bad idea and stifle creativity.

    http://religiousfreaks.com/
    1. Re:Surprise surprise. by tambo · · Score: 5, Informative
      Look at the two major supporters for software patents...Microsoft and Sun.

      You've forgotten about the biggest software patentee of them all. IBM's software patent practice just dwarfs those of Microsoft and Sun combined.

      - David Stein

      --
      Computer over. Virus = very yes.
  5. Thanks Guys! by slightlyspacey · · Score: 2, Funny

    A bigger menace to society than even software patents is the slashdot effect. One freaking minute after the story is posted, Groklaw is down.

  6. Single market, with a twist. by vik · · Score: 4, Insightful

    Here's a novel idea. Instead of all the countries in the EU changing their patent law to include software patents, why doesn't the US prohibit software patents? Seems a better way of making a single market to me.

    Vik :v)

    1. Re:Single market, with a twist. by muuh-gnu · · Score: 2, Funny

      Well, then go lobby your senators or who ever is deciding this in the US, to "harmonize" their patent laws with the EU before the EU changes theirs. ;-)

  7. Stakeholders need? by spyfrog · · Score: 5, Insightful

    "create an EU-wide patent system can take account of stakeholders needs."

    Why do I have a strong suspicion that the biggest stakeholder, the public, won't matter when it comes to decision?

    1. Re:Stakeholders need? by Jtheletter · · Score: 2, Insightful
      Why do I have a strong suspicion that the biggest stakeholder, the public, won't matter when it comes to decision?

      The replies to your comment thus far are focusing on the semantics of your statement, and it is true that politicians, etc tend to warp words like 'stakeholder' to mean what they want, but I think you are absolutely correct in this.

      The public in a "free" society is supposed to be the largest stakeholder, as they have both the largest numbers (population) and also the most at stake - i.e. companies may come and go but the public will have to deal with these regulations long after Company XYZ that influenced the debate has gone belly up. This seems to be largely lacking in both US and EU politics these days, lamentably. Politicians have tuned their ears to listen very closely to the players that are taking them out for nice lunches, or golfing, or are old industry buddies, but very little mind seems to be given to the masses who grant their representatives power to represent THEM first and foremost. That voice of the public may not be as loud, or constant, or enticing as that of coporate lobbyists, but it shouldn't have to be! It should be the FIRST consideration, all other influences taking a far second. Politicians shouldn't expect the public to give them input on every decision in the same way that a lobbyist who is paid fulltime to do that will. Note that I am not saying that people don't or shouldn't tell their representatives how they'd like to be represented, but I fear the constant hum of corporate influence overshadows the relatively few citizens who do make their views known. Really though, they shouldn't have to, their representative should be ASKING them, actively seeking out their opinions, then IF THEY HAVE TIME, they can listen to lobbyists whose interests are important, yes, but very secondary to the public good (I do understand laws that affect corps therefore affect the public who work for them, but there is currently an imbalance in policy making of which group's opinion counts for more). That's how it should be, alas I have little hope that this will ever occur. Perhaps under major reforms to all of our government systems.

      The point is the first and foremost question on all lawmakers minds should be 'What is best for the PEOPLE?' and then working from there accomodate coporations and sepcial interests without compromising the position of those they are supposedly representing.

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    2. Re:Stakeholders need? by gr8_phk · · Score: 3, Insightful
      From the original post: "future action in patent policy to create an EU-wide patent system can take account of stakeholders needs."

      Patents are not supposed to have anything to do with "stakeholders". They need to go back and look at the justification for having patents in the first place. You won't find any reference to "stakeholders needs".

      In the US, the stated purpose is (my words here) to promote dissemination of ideas - you get a limited term monopoly in exchange for disclosing to the public how your invention works. What they have come to be in practice is quite different. Some people would say we need to harmonize the rules to accepted practice, but that doesn't agree with the justification for having patents in the first place. There aren't too many things where a patent actually explains something that can't be figured out by looking at the actual implementation.

      I think I just figured out the problem with our "non-obvious" requirement. You can argue about weather something was obvious before it existed, but the purpose of patents is to encourage disclosure to the public how something works or is made. This implies that it needs to cover something that is not obvious even after the public has access to the invention. A good example would be the recent methods for making diamonds - having one does not tell you how to make one. Another example would be the recipe for Coke, but they like to keep that a trade-secret. By offering Coke a patent, we'd all get to find out how to make it (legally in 20 years) but instead they keep it a secret - which has worked equally well for them without any term limit. When shown a one-click shopping cart on the web, most anyone with a little programming skill and HTML knowhow can replicate it - hence not patentable. Slick new algorithms... Hmmm. Perhaps. Ones that can be figured out easily with a disassembler - no. Basically if you need to read the patent to know how to do something then it's probably patentable based on the original justification for having them. Otherwise not. OK, so I'm dreaming...

  8. Charlie McCreevy by easter1916 · · Score: 4, Informative

    Background: McCreevy was previously Finance Minister in the Irish Government, but fell out of favour with his patrons for his arrogant ways, annoying manner, utter highhandedness and complete inability to listen to his constituents. He's an ardent free-marketeer / economic liberal. He's an annoying man.

    1. Re:Charlie McCreevy by Anonymous Coward · · Score: 3, Interesting

      He's an ardent free-marketeer

      Nope. Patent monopolies are, by definition, ANTI Free market. McCreevy is a corrupt, evil bastard, plain and simple. Someone should shoot him, and McDowell while they're at it.

    2. Re:Charlie McCreevy by easter1916 · · Score: 2, Informative

      McDowell? What an awful bollocks, couldn't agree more.

    3. Re:Charlie McCreevy by sp3tt · · Score: 2, Insightful

      Someone had to say it, sooner or later. Patents are a monopoly privilege. They have no place in a free economy.

    4. Re:Charlie McCreevy by trollable · · Score: 3, Insightful

      Not really. The parlement is quite representative, the commission is not. But the first one, that has not so much power, seems quite independant from the second. That said, the parlement has of course politicians from all parties so some may agree sometimes with the commission. Nothing wrong. The problem is really the commission that is 1) not elected 2) hos most of the decision power 3) is widely subject of influence and lobbying.

  9. Re:To McCreevy by IAmTheDave · · Score: 2, Funny
    Are you F#%!@&g deaf?

    <McCreevy>

    Nooooo... no no no. Nooo... no...
    Well... actually...

    Fine. Yes. Yes we are. We really can't hear anything over BigCorp's money. Sweet, sweet money.

    </McCreevy>

    --
    Excuse my speling.
    Making The Bar Project
  10. Re:To McCreevy by KILLDxM · · Score: 2, Funny

    "What's next? we must sow your mouth shut?"

    Don't be pig-headed...

  11. What? by flyinwhitey · · Score: 2

    "They are just using their power and influence to dictate policies that favor them."

    Yeah, and lions eat antelopes. Not sure what your point is here, other than businesses will protect their interests. Not too insightful, seeing as it's been that way forever.

    "Sure it would encourage investment....from large companies like MS and Sun. They of course will reap most of the benefits aswell. Software patents are a bad idea and stifle creativity."

    Listen, I understand your point, but you haven't made it here. All you've done is try to vilify MS and Sun, and that may get you karma, it doesn't explain why you think

    "Software patents are a bad idea and stifle creativity."

    The case is easy to make. Try doing it without the karma whoring.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:What? by Simon+Brooke · · Score: 2, Insightful
      Sure it would encourage investment....from large companies like MS and Sun. They of course will reap most of the benefits aswell. Software patents are a bad idea and stifle creativity.
      Listen, I understand your point, but you haven't made it here. All you've done is try to vilify MS and Sun, and that may get you karma, it doesn't explain why you think...

      A serious point is that both Microsoft and Sun are both US companies. Like other US companies, they already have a huge bank of software patents which, if Europe adopted software patents, would instantly become enforcible here. European companies by and large don't have significant portfolios of software patents, so could not cross license and would be forced to pay large fees to use basic techniques which have been commonplace in the industry for years.

      Whatever the rights and wrongs of software patents, it isn't in Europe's strategic interest to adopt them.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
  12. Translation by Anonymous Coward · · Score: 2, Insightful

    EU to the people: We're going to keep pushing patents until we get what we want.

    (And you know what, I've seen enough of this crap to believe they're going to get it.)

  13. Re:To McCreevy by arivanov · · Score: 5, Insightful

    No. EC is built according to the french civil service model: "We know better and we are not accountable to anyone".

    IIRC, For the time being there is no procedure to impeach or remove one specific commissioner via any of the elected bodies.

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  14. How much money would IBM have? by brlewis · · Score: 2, Insightful

    If IBM could have patented software from the get-go, I'm sure they would dominate the market. However, it would be a much smaller market. See quotes against software patentability.

  15. the U.S. software patent mess by brlewis · · Score: 4, Insightful
    do you actually have a single concrete example of why software patents are sooooooooo bad
    That's a really tough question. Picking a single example is not easy since there are so many good ones. Maybe you can help. Start with the LPF's examples to get you the "best of" through 2002. Then read up on the whole Blackberry/email mess. After that maybe we'll have to roll dice or something to pick a single one.
    1. Re:the U.S. software patent mess by o'reor · · Score: 2, Insightful
      And don't forget to read the lengthy but enlightening paper by Cristian Miceli.

      If you don't have enough time to read it all, please, do read the interesting parts about Divx Networks, Autodesk and Adobe, and the testimonies of their representatives, on how they had to divert a considerable amount of money and human resources towards the software patents arms race, intead of using these resources on innovative projects.

      These are real, solid examples of the disaster of software patents in the US.

      --
      In Soviet Russia, our new overlords are belong to all your base.
  16. Make it a Europe vs. U.S. issue by Anonymous Coward · · Score: 5, Interesting

    If these clowns won't listen, then it's time to play dirty. What the opponents of this need to do is to frame software patents as a power grab by U.S. corporations over the European market, a way for them to ensure that European innovation is stifled so that Europe will always be beholden to U.S. interests. Then portray these EU bureaucrats as stooges of the giant American corporations.

    What this will do is put these guys on the defensive. It changes the issue at hand from, "We need software patents," to, "Wait! I'm not a stooge of the Americans! You aren't listening to my argument!" This may sound like a trivial thing, but it isn't. It changes the entire dynamic from that of these guys pushing ahead with their agenda to them having to explain why they aren't pawns of a foreign country. The ordinary person on the street may not understand what a software patent is, but if you tell them it's being forced on them at the behest of foreign governments and corporations, they won't like it. And before someone chimes in saying that we shouldn't have to play politics this way, that the arguments against software patents are good enough to stand on their own, let me just say this. You're right, but being right won't necessarily win a fight. You also have to be practical, and you have to use every tool at your disposal. There are many times that the side with the right argument loses because it isn't willing to get in there and fight tooth and nail for what it believes in.

    Oh, BTW, in case you're wondering, no, I'm not anti-American. In fact, I am an American, but I happen to believe that our patent system is completely corrupt, and I shudder to think that it's being foisted onto any other parts of the world.

    1. Re:Make it a Europe vs. U.S. issue by RexRhino · · Score: 4, Insightful

      Except the economics of the issue is that Eurpean corporations don't want to reject software patents, and then have the U.S. own all the good software patents (the economy is global, and America is a huge market with incredable political power... so U.S. software patents have a great effect on the world even if Europe doesn't recognize them).

      The movement towards software patents in Europe is not being pushed by American corporations, it is being pushed by European corporations and people who have the very same paranoid anti-American you are trying to promote. European companies think "We are going to get crushed by the Americans if they can use software patents to make money, and we can't... we need to make strong IP laws and get our share of that software patent pie".

  17. Re:Of course it's not by PhB95 · · Score: 2, Interesting

    These people make me sick: They keep pushing law after law on member states, well aware that the citizen don't want them. It happened that finally countries where there once was a large majority in favor of the EU construction, (The Netherlands, France) rejected the proposed EU constitution. And now they do bussiness as usual. We have an election year in 2007 and if this kind of crap does not stop, I will seriously consider voting for some politician seeking to LEAVE THE E.U.no matter what his other proposals are.
    Enough is enough, our french politicians are not very democratic in my view, but these are even worse, and I no longer want to have them ruling my country.

    --
    One of those Europeans...
  18. Do us a favour and STFU by Schraegstrichpunkt · · Score: 2, Insightful

    If people want to try to kill software patents, don't try to discourage them! Given how poorly software patents did last round, it is certainly possible that software patents will be abolished across the EU.

  19. This is like the constitution by DDiabolical · · Score: 2, Interesting

    The EU will continue to bring up the issue of software patents again and again until it's finally put through. We can say no 100 times but say yes once and it's done.

    It's the same with the constitution, they'll continue to try and put it through for the next decade, the population will say no again and again, until they say yes, and then it's done.

    This is how the EU does things.

    It's also why I'm moving to Australia in 3 months. It's a joke.

  20. Patent protest in Washington DC by Micah · · Score: 2, Insightful

    IMHO ...

    Americans can get involved here by organizing a patent protest in the Capital Mall. Get as many programmers together as possible with as many exhibits of how software patents have harmed innovation as possible. Have a march, get the public's attention.

    Maybe, just maybe, it will get the attention of someone in power in the US (to fix the issue) and/or someone in power in the EU (to warn them of what could happen).

    The biggest problem would be actually getting people there. I, for example, would love to go to such a demonstration, but practically probably could not.

  21. Time for a counter-proposal? by Omega · · Score: 2, Interesting

    Maybe instead of having to fight back these software patent proposals every year, an EU delegate should propose amending the EU charter to specifically BAN software patents? Seems the pro-patent folks can't take "nay" for an answer.

  22. what part by BBird · · Score: 2, Insightful

    I have to asl the obvious...

    What part of NO do they don't understand?

  23. Could we get organised? by startling · · Score: 3, Insightful


    I'm sure many of us in the UK have written to our MPs and MEPs, among other things, but I'm not aware of any specific UK organisation coordinating ventures to stop these patent shenanigans.

    Do any other UK slashdotters feel like getting in touch to see what could be achieved collectively? You know: email, website, forum, PR activites, that sort of thing. There's such a lot of strong opinion about this; maybe a concerted campaign could achieve more than individual efforts?

  24. Laissez-Faire Capitalism by Z34107 · · Score: 2, Insightful

    This is retarded, but I'll bite:

    1. Nobody is getting "screwed" by oil companies - consumers, gas stations, or anyone. Given the quantity of crude available and the demand for it, the price per barrel becomes exactly the price at which every barrel can be sold - no more, no less. If they charged any more per barrel - above this equilibrium - they'd have surplusses building up. If they charged any less, all the crude would be immediately bought up with people clamoring for more (at that price), and there would be shorages. Despite any propaganda about "record profits", the industry is competitive and the laissez-faire free market reaches a price so that there are neither shortages nor surpluses of crude at the going rate.
    2. Gas stations overcharging you? A basic requisite for laissez-faire capitalism is the enforcement of the contract - in this case, the contract being for you to buy so many gallons at x price per gallon. The owner of the gas station obviously breached this contract by, in effect, charging you more than x. Hence, one of the legitimate functions of government under laissez-faire capitalism is the enforcement of contracts, so that issues like this do not occur.
    3. You'll find homeless people in (mostly) capitalist America, socialist Germany, or (mostly) communist China. In fact, homelessness predates capitalism. All the homeless people "nowadays" were not forcefully evicted from their utopian dwellings by the free market - in fact, the opposite is often true. Price ceilings on apartment rents in New York, for example, force an apartment to go for a fraction of its value in an attempt to provide more affordable housing for people. In reality, it discourages people from building more apartments, and thus solving the problems of both price and quantity of housing. It also creates a shortage of housing - what only a handful of people may have wanted at $550/month, many will want at $200/month. Since no one will produce apartments knowing they will only get a fraction of their value in return, and even more people will now want apartments, interference with the market actually causes homelessness, not vice versa.
    4. I will give you, however, that the Great Depression is a rather good argument against laissez-faire capitalism, although you hardly touch on it. I would argue that the Great Depression was not caused by market failure or some fundamental flaw in capitalism, but in the general naivete of the public at the time. People believed that stock prices had reached a "permenantly high plauteu", which fueled the purchase of stocks on credit (often, an investor had to pay only 10% of a stock's value up front). If people had the same knowledge of capitalism then as we do now, no-one would beleive that stocks can somehow remain at permanently elevated prices, and therefore, no one would provide the insane amounts of credit that caused loan defaults and bank failures when the market faltered.

    --
    DATABASE WOW WOW
  25. They will have their patents no matter what.... by freedom_india · · Score: 2

    EU will have software patent legislation no matter what, just like GWB had his war.

    You can try to educate people who are ignorant. These guys are not even remotely ignorant.
    They are cold, rational, calculating individuals who exactly know what they want and they will get it no matter whan you, me and Poland says or votes.

    I bet a 1,000 dollars (USD) that before this year is out, the legislation would be active in EU.

    Am not claiming it would be voted, passed, etc., Am just saying it would be there, hook or crook.

    Welcome to 1984-Corporate Style.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  26. Why the parliament rejected it massively in the fi by happyrabit · · Score: 2, Informative

    As 'everybody knows' :) there are different phases in the codecion procedure that is used to make new European laws. The parliament rejected the commission patent project a first time and emitted a bunch of amendments. BUT the commission neglected totally the amendments submitted by the parliament. So this negative second vote is a response to the total contempt with which the Parliament was treated by the Commission and the Council.

    Thus it does not really means that the majority of the parliament is totally against patenting, it just means they do not want the first proposal of the commission. So I do not think that the battle is over, but I did not expected the patent lobby where retaking the battle that fast.

    Let me also bring to attention that the rejection of an European law on patents did never meant that patenting would be forbidden by the member states, the rejection meant that there would be no European harmony in the patents law. So the 'against patent' war was not won, we needed a law prohibiting member states to patent software.

    --
    I love deadlines. I like the whooshing sound they make as they fly by.
  27. Sun OPPOSES software patents by WebMink · · Score: 2, Informative

    The Register article has it wrong. As is very clearly documented Sun, together with Red Hat and others, lobbied against software patents in Europe, as I just documented in my blog. I know, because I was the person acting on Sun's behalf.