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European Commission Reverses its Views on Patents
prostoalex writes "ZDNet UK News reports "The European Commission said last week that computer programs will be excluded from patentability in the upcoming Community Patent legislation, and that the European Patent Office (EPO) will be bound by this law". Politician Adam Gierek posted a question to European Commission asking the institution to clarify its standings on software patents."
European Commission Reverses its Views on Patents
For now. This has gone back and forth so many times I feel like I'm watching a game of ping-pong. There are enough powerful interests involved that this issue that continued vigilance will be required.
The higher the technology, the sharper that two-edged sword.
I have to wonder if the corporate lobbying pressure has shifted as the big players have been hit with more and more patent infringement lawsuits in the USA. Of course the free software complaints must have helped, but I've always had the impression that these bureaucrats listened more to industry.
a,e,i,o,u and sometimes w and y (at be if of up cwm by)
In the heyday of railroads, new patents were being issued every few hours on improvements in track shape and airbrakes. The parts of the patent system that are broken, or badly in need of a tune-up, are not related to computer programs, they are related to issues of proper review, rational litigation, and what should be public disclosure of licensing, and mandatory licensing.
Patent law actually requires "fair licensing." After all, the whole point of patents was to get inventions INTO the public domain, not to promote monopolies. Its just that courts have long since given up trying to assess fair licensing, so we have forgotten that half of the original formula.
I will create a sig when innovation restarts in the U.S.
I'm still not clear on how if you actually want to make a living selling software you create you can do so without being able to claim an intellectual property right.
Copyright gives you all the protection you need. Branding and customer loyalty from consistently good products and consistently good service will work wonders too.
When all you have is a hammer, every problem starts to look like a thumb.
Consider how many major inventions were developed between 1986 and 2006. A lot. No, compare that to the number of useful inventions that were created between, say, 1966 and 1986, or between 1946 and 1966.
Well, let's look at it in computer terms.
1946-1966: development of the mainframe computer, based on the pioneering work that took place during WW2. Invention of procedural and functional programming.
1966-1986: development of the modern desktop computer with GUI and applications. Creation of the internet. Invention of object-oriented programming.
1986-2006: development of Microsoft Windows and videogames.
Yup, clearly progression has been accelerating. I mean, the invention of the entire concept of computing simply can't compare to the invention of Final Fantasy XVIII.
What about between 1890 and 1910?
What about it? One of the most innovative periods of human history, during which the introduction of the automobile totally changed the entire face of the developed world. Oh, and there was this other invention then called the "airplane". You may have heard of it, I believe it's still used in some parts of the world.
I collect quotes from various sources, and one of my favourites says:
"There has grown up in the minds of certain groups in this country the notion
that because a man or a corporation has made a profit out of the public for a
number of years, the government and the courts are charged with the duty of
guaranteeing such profit in the future, even in the face of changing
circumstances and contrary public interest. This strange doctrine is not
supported by statute nor common law. Neither individuals nor corporations have
any right to come into court and ask that the clock of history be stopped, or
turned back, for their private benefit."
- The Judge in "Life-Line"
Very well-fitting to the insightful comment you made.
:%s/Open Source/Free Software/g
YTARY!
The European Union is ultimately important most of all for political reasons. It is bringing European countries closer together.
For some countries, it has been invaluable - e.g. in the case of Ireland. That is, not just economically, but from a point of view of being involved, not just a small isolated backward country on the outskirts of Europe. While not an equal to large European States, the country (and other small EU members) are far closer in status to the big countries than they would be outside the European Union.
The EU is also about offering help for countries to improve themselves. Sure, some countries haven't done so well (Portugal, Greece) but they might be worse off but for the EU. And it is important for every country to have at least somewhat as well-off neighbours. One doesn't want a US-Mexico situation.
At least some of the Central and Eastern EU members are already making great strides towards catching up with the rest of the EU.
I do not understand those who don't see how this benefits Europe as a whole, even those who could easily "go it alone" (e.g. UK). Besides, some of the complainers, their problem is they aren't making the best of the EU (look again at the UK - they could do so much better from all the openings that having 24 other members has).
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Free trade harms the local economy and increases unemployment? Which economist have you been reading?