EU Patent Wars to Resume

replicant108 writes "Ciaran O'Riordan of the FSFE gives a concise analysis of why the EU Software Patent Wars will resume this winter. Apparently the pro-patent side have changed their strategy — this time they plan to bypass the legislative powers and target the judiciary instead. The goal is to transfer power from the national courts (which often rule against software patents) to a specially-created European Patent Court which will be controlled by the pro-software patent EPO!"

Comments

Egad

[omeg]

It's bizarre. So now software patents will be possible in Europe as well, allowing the large companies to scoop up that tiny little extra penny while hamstringing open source development. I would genuinely be abhorred if this were to actually happen. All because the people who are to take the decisions are influencial and really not knowledgeable on the subject. When will we be seeing the first major political party to take a stance against this disgusting corporate abuse (or, equally as good, a party that is pro-free software)?

Actually they are copying the American Left

[HighOrbit]

This is actually a tried-and-true strategy in America and might work in Europe. In Europe, the nation-states fill the position of the american states and the Euro-court will fill the posoition of the american Federal Supreme Court. Here is how it worked in America. Take your pick of favorite leftist causes. For illustration let's just use abortion (never mind the merits, just the strategy).

1. Try the Democratic Process:
   • The pubic policy position (allow contraception, abortions, affirmative action, etc) looses in elected state legislatures.
   • State courts recognize it as public policy (i.e. political) decision that is properly reserved to democratically elected legislatures and decline to get involved.
   • The elected federal legislature either refused to vote on the matter, or rejects it when it is voted on
2. Now Circumvent Democracy:
   • Redefine the battle not as public policy but as a "rights" battle.
   • File suit in a sympathetic court.
   • Unelected and unaccountable judge, while finding no explicit "right" in the text of law or constitution declares that this new right falls within the "emanations of penumbra" of other more defined rights.

The strategy is brilliant. While I disagree with circumventing democracy because I am a strong (little d) democrat, I have to admit it has been a very effective way of a minority imposing a public policy decision over the objections of the "less enlightened" majority. Over time (a few decades), the people become accustomed to the new "right" and forget that it was imposed on them. Not only is the policy not reversible by election because it was imposed by an unelected and unaccountable branch of government, but it takes precedence over all enacted laws everywhere because it is now a federal "right". Brilliant.