EU Council tries to silently adopt laws about software patents
21 Dec 2004 11:08 GMTToday, the EU Council for Agriculture and Fisheries could possibly adopt the directive of the European Parliament about the patentability of computer-implemented inventions ("software patents"). This highly disputed directive was added last-minute to the list of deliberations, breaking the Council's Rules of Procedure, an open letter of the civil information liberty group Foundation for a Free Information Infrastructure tells.
Currently, over 30,000 patents, granted against existing laws, are waiting to be legalized. If this law passes, significant damage of open source projects and small and medium sized software enterprises is expected. "When software is patentable, anything is patentable.", states FFII.
Previously, the Polish government got under diplomatic pressure of the Dutch Presidency because of their declining position on software patents. According to FFII, "The Dutch Presidency insists that, due to some formal reasons, Poland must vote "Yes" or agree to a formal adoption without a vote".
[ FFII | nosoftwarepatents.com | IMC Barcelona | IMC Germany | Previous articles: NO Software Patents in Europe | Netwide Protests Against EU Software Patents | More information on software patents: FFII: Logic Patents in Europe | Wikipedia: Software patent | European Union: Software Patents FAQ | No Software Patents! | Campaign against software patents]
1048 BRUXELLES, Rue de la Loi, 175
indy 21.Dec.2004 14:59
What do operations to aid uprooted people in Asian and Latin American
in developing countries, recognition of professional qualifications,
financial service committee restructuring, car number plate tracking
(in accordance to Schengen) and patentability of
computer-implemented inventions
have in common?
They are
to be approved by the AGRICULTURE AND FISHERIES Council
meeting today, on the 21st of
December 2004.
See for yourself!
Breaking news: The common position adoption was withdrawn from the agenda
Balaitous 21.Dec.2004 17:45
21 Dec. 2004 - 17:42 - According to the European Council press service quoted by Florent Latrive (Libération) on the French escape_l email list
the item was taken off the agenda, further to a request from Poland. Check for more news on this.
Directive has been withdrawn
devnix 21.Dec.2004 18:35
"The Software Patent Directive has been withdrawn from the Agenda of the Agricultural Council. Poland's Minister of Information Society and Technology, Wlodzimierz Marcinski, requested it firmly at the beginning of the meeting. The Agriculture Commissioner expressed regret, but the A-item has been deleted and will not be adopted this year."
read more on FFII
here's the link
dd 21.Dec.2004 20:31
Software Patents Withdrawn
from Agricultural Council Agenda at Poland's Request
What about the little guy
Bob 23.Dec.2004 18:16
Without patents, how is the little guy able to start up or sell his products? In your world, the large well established firms will simply take the little guys' inventions and market them at lower prices through well-established marketing channels. You are actually being counter productive to many of your causes by taking away the competitive edge of the little guy.
Patents of no use to the little guy
Euan 29.Dec.2004 23:28
You obviously don't understand how patents are used in business, especially software.
Corporations have huge patent portfolios. Say I'm Mr Independent and I have a truly unique idea which is patentable. I go to the patent office and register my patent.
Patenting something is the first step, now I've got to make a product which I can sell to make a profit. If my invention is successful I make a profit and may lisence the patent to others so they can make a profit and I can get a cut.
Sounds good so far. Let's stay on topic and say that my invention is a unique software construct. In order to use this construct I've had to create an application. In creating that application it is 99% likely that I'll have infringed on dozens of patents.
This is where Mr Corporation comes along and says "you know you've infringed on 54 patents that we hold by releasing your product. We could sue and ruin you or you can sign that patent over to us. Your choice."
To date only two individuals have made a significant amount of money from patents. One invented the Black and Decker Work Bench and the other invented the Cat's Eye.