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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."

7 of 181 comments (clear)

  1. Don't break out the champagne just yet ... by ScrewMaster · · Score: 4, Insightful

    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.

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    The higher the technology, the sharper that two-edged sword.
  2. Pressure? by WalksOnDirt · · Score: 4, Insightful

    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.

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    a,e,i,o,u and sometimes w and y (at be if of up cwm by)
    1. Re:Pressure? by Anonymous Coward · · Score: 5, Insightful

      The EU software industry consists mostly of smaller companies that would be hurt by allowing for software patents. Only companies such as Microsoft, Nokia and Siemens were lobbying pro-patent as far as I recall. It might just be the EU Commision have learned to ignore the Irish commisioner, who is heavily pro-Microsoft due to the company's presence in his country.

  3. Contrarian view by xkr · · Score: 5, Insightful
    It used to be that inventions were made out of motors, belts, pulleys, and such. Consider the cotton gin, or the sewing machine. Now, inventions are made with computer programs, web interfaces, java beans, relational databases, flash. The real tests (used to be): is it novel? It is useful? More than ever, those hundred-year-old requirements still make perfect sense. Patenting the obvious is just as bad an idea now as it ever was.

    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.

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    I will create a sig when innovation restarts in the U.S.
  4. Re:Sounds like that's good for open source... by Tough+Love · · Score: 4, Insightful

    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.

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    When all you have is a hammer, every problem starts to look like a thumb.
  5. Re:Clarify please? by zoney_ie · · Score: 4, Insightful

    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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  6. Re:Clarify please? by BobTheLawyer · · Score: 4, Insightful

    Free trade harms the local economy and increases unemployment? Which economist have you been reading?