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EU Parliament Approves Software Patents 678

AnteTempore writes "The voting has just ended. Few good and several bad amendments were accepted. The directive proposal was accepted: 361 for, 135 against, 28 abstentions. The precise numbers and results for each amendment will be available on europarl.eu.int tomorrow." Reader swentel submits this report on the vote (French) with slightly different numbers (364 voting yes, 153 No, 33 abstaining) but just as bad. Watch this story for updates. Update: 09/24 15:44 GMT by T : Dr.Seltsam writes to say that the early reports are "not quite correct. The German publisher Heise states in this article, that the vote concerned strong changes on the directive." In particular, "pure software patents will not be allowed." Google's translation engine does a decent job with the German.
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EU Parliament Approves Software Patents

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  • Well Well... (Score:3, Insightful)

    by Anonymous Coward on Wednesday September 24, 2003 @09:02AM (#7042756)
    Looks like lawmakers in Europe are just as stupid as US lawmakers after all.
  • Depressing. (Score:4, Insightful)

    by eddy ( 18759 ) on Wednesday September 24, 2003 @09:05AM (#7042792) Homepage Journal

    The most positivt thought I can have is that "maybe things must go to worse before they can get better".

    <sigh>

  • by Talonius ( 97106 ) on Wednesday September 24, 2003 @09:07AM (#7042812)
    ..when so many corporations own patents on so many intangible things that a corporate dynasty like IBM can bring anyone in the world to their knees financially.

    Even foreign governments.

    Intellectual property in all of its various forms is being abused by the corporate world - both friends and foes of Linux and otherwise. The madness is the laws supporting this behavior continue to pass, bypassing the individual and wholeheartedly supporting the corporation.

    Isn't the government supposed to be working for us? Aren't our rights supposed to be first and foremost in their minds? There is a balance to be maintained, and our rights are not unlimited, but more and more across the entire globe the individual is lost.

    Not to be funny but has anyone considered the implications of all these recent intellectual property rights and how it seems more and more that we're being pushed into the draconian future of Johnny Mnemonic and Shadowrun? The only way you get information is to steal it. The only way for another corporation to get information is to hire you to steal it.

    I grow more and more distressed at the world my son will grow up in, the conditions he will consider normal, the laws he will break just by trying to think.

    Talonius
  • It seems that (Score:4, Insightful)

    by jimius ( 628132 ) on Wednesday September 24, 2003 @09:09AM (#7042836)
    It seems that the struggle to avoid Europe becoming like America isn't really working. There are a lot of things happening over here in Europe which we call "American circumstances". Things such like frivolous lawsuits, higher gun-related murders/accidents, apathy and now software patents.

    I believe poeple don't want to live in an "American Europe".
  • by Anonymous Coward on Wednesday September 24, 2003 @09:10AM (#7042840)
    ... governments don't understand what they're governing because it has all becoming too complicated. They go along with whatever their advisors would say.
  • by timbloid ( 208531 ) on Wednesday September 24, 2003 @09:10AM (#7042843)
    so that a data-processing program is patentable, it is not enough that it is new, it is necessary still that it allows a technical innovation independently of its own execution.

    So, if I write a dataprocessing program that can be used by another piece of software to do something new....then I can patent it...or the other bit of software...or neither...

    The text of origin was considered to be "fuzzy" and "ambiguous"

    Looks like they did a good job clearing it up... ;)
  • by CrystalFalcon ( 233559 ) on Wednesday September 24, 2003 @09:12AM (#7042856) Homepage
    What were those recommendations and amendments? And, more importantly, why were they chosen, and what is their effect?
  • by rhadamanthus ( 200665 ) on Wednesday September 24, 2003 @09:14AM (#7042879)
    Intellectual property is a myth. You CANNOT and SHOULD not be able to own an idea. I am beginning to think that this may be a real turning point in civilization as we know it. Imagination and the associated innovation based off that imagination is what makes us able to do so many amazing things. Now, you can imagine building something to change the world, you can even imagine how to build it, but if someone has previously thought of it, you are in for a losing legal battle. This may be an extreme statment with regard to software patents, but the premise is frightening in either scenario. This is a legal restriction on free thought and development. Software patents are just one piece of the larger takeover.

    --rhad

  • by julesh ( 229690 ) on Wednesday September 24, 2003 @09:21AM (#7042948)
    Er, yeah, right. This is nothing like the DMCA.

    1. There is no such thing as contributory patent infringement, I believe.
    2. You are guaranteed the right to describe how a patented technology works. In fact, it must be adequately described in the patent claims for someone knowledgeable in the field to implement it. And patent claims are (I understand) freely republishable, as they are a matter of public record.
    3. Providing somebody with (eg) software which violates a patent is not (necessarily) an offence, as they are permitted to use the patented technique for personal experimentation purposes.

    So, no, I don't think this can be used to close websites and stifle free speech.
  • Re:Indicative (Score:3, Insightful)

    by Sammy76 ( 45826 ) on Wednesday September 24, 2003 @09:22AM (#7042958)
    You have a good point, but the counter-argument is that the corporate interest _is_ the public interest -- if corporations don't have an environment conducive to business and profit, the economic engine of the country becomes weakened. This ultimately leads to a loss of jobs across society.

    Sure, I find it hard to believe that it is impossible or even difficult to make a profit without these software patents laws, but this is the logic that is used to make decisions such as these and cast them as being in the public interest.
  • Re:Depressing. (Score:4, Insightful)

    by root 66 ( 72128 ) on Wednesday September 24, 2003 @09:26AM (#7042989)
    the problem is that we had worse far too many times already.

    But people just don't learn from history.

    Example: my dad is born 1930, thus lived through the decade of Hitler's regime, and luckily survived the bomb raids on Cologne as well as nearly being shot because his father told him not to go to the HJ.

    Yet he does not see that today our freedom is taken away again, not by a dictator. But by the system itself.

    Capitalism as we face it today is a holocaust in itself (and was since the beginning of industrialisation).
    The system tries to assimilate everything and everyone, erasing everything that's different (nature being one example).
    It makes us part of a machine: no choice, no freedom in the end. Just food for the money printers. Synchronized, automatized living - great.
    Of course, there are few people that take advantage of it. The low percentage of people that despite economic depression gets richer everyday. But they themselves don't understand that they are only part of a giantic world machine.

    Panem et circenses.

    I wish there was still a free, sane place on this planet.
  • EU Patents (Score:2, Insightful)

    by alex_lake ( 710436 ) on Wednesday September 24, 2003 @09:29AM (#7043013)
    I think I'm going to cry. Words fail me.
  • Re:Bleh. (Score:4, Insightful)

    by JWW ( 79176 ) on Wednesday September 24, 2003 @09:31AM (#7043035)
    I'm becoming more afraid that lawyer is going to be the only true moneymaking profession in the future.

    The way things are going now everyone in a profession other than lawyer, will be being sued by one.
  • Re:Screw this! (Score:3, Insightful)

    by ndogg ( 158021 ) <the@rhorn.gmail@com> on Wednesday September 24, 2003 @09:35AM (#7043066) Homepage Journal
    All us geeks should move to Puerto Rico, proceed to vote to cede from the US and make our own laws.
  • Re:Indicative (Score:5, Insightful)

    by rhadamanthus ( 200665 ) on Wednesday September 24, 2003 @09:35AM (#7043069)
    "the counter-argument is that the corporate interest _is_ the public interest"

    That is a disturbing statement. It reminds me of the quote by General Motor's President Charles Wilson: "What's good for the country is good for General Motors, and vice versa." This is flawed logic. Corporations may employ people, but their only interest is profit. Time and time again we see that the interest of the people is NOT the interest of corporations. Read some books, google Monsanato's milk hormone problems, Exxon's complete disregard for people in Alaska afer Valdez, car manufacturer's intentional ignoring of safety studies in the 60s, big pharmaceutical companies that cover up defects etc. It goes on and on. Corporations do serve a purpose in employing people, but that purpose is moot if they then go about eroding centuries of work to place the will and health of the people above any other entity. You have a good point too, but it is rendered dangerous and defeatist upon investigation: working solely for the corporate interest is courting disaster without appropriate regulation, or better yet, true accountablity.

    --rhad

  • what now? (Score:4, Insightful)

    by martin-boundary ( 547041 ) on Wednesday September 24, 2003 @09:38AM (#7043100)
    Now that the vote has come and gone, it seems to me there's no point in bitching till the cows come home. What I'd like to see is a real debate in the open source community to discover all the possible legal loop holes.

    For example, from the french article, it appears that any program which simply copies a procedure that can be done by hand cannot be patented in the EU.

    The loop hole, as far as I understand it, is that to be patentable, a program must show a significant technical innovation (go figure what significant means). More precisely, this is phrased in the negative: A program which merely allows a computer to do something is not patentable.

    So if we write a program, and can prove that it merely performs a task by computer, which could be done by hand, it can't be patentable. So for example xcalc is not patentable in the EU.

    There's got to be other loop holes like that. Why doesn't the Free Software Foundation develop a knowledge base specifically containing recipes for exploiting loop holes in patent legislation? I could be writing a program, and when it's finished, I could browse that knowledge base for tips on how to argue that what my program does could be done by a couple of trained people with a stack of papers and lots of pencils.

  • Re:Depressing. (Score:4, Insightful)

    by JWW ( 79176 ) on Wednesday September 24, 2003 @09:39AM (#7043110)
    Capitailism's biggest strength, and biggest flaw, is its lack of morality.

  • by hanssprudel ( 323035 ) on Wednesday September 24, 2003 @09:44AM (#7043152)
    It's not as good as a blanket no to all software patents, but it is not as bad as it would have been without the tremendous effort that has been put in.

    It is a compromise, but that in itself is a massive victory: the industry lobby has NEVER had to compromise with the consumers on these matters before. Look at laws like the DMCA and EUCD: compromises between the media and communication industries, where consumers where never even considered. The age of such laws ends here.

    Even if we end up loosing this, a new political force has placed on the map.
  • Re:Indicative (Score:5, Insightful)

    by JaredOfEuropa ( 526365 ) on Wednesday September 24, 2003 @09:48AM (#7043187) Journal
    the politicians who are supposed to represent the people/national interest.

    Ah, but the politicians are representing national interests in this case... or at least they think they are.

    I know Bolkenstein, the man who drafted the original Directive, from when he was active in national politics. His line of thinking is 'good for corporations = good for the economy = good for the people'. He fails to see how this equation is false in many cases, including the case at hand. Because of this line of reasoning, he will give more weight to the opinion of large corporations, whose impact on the economy is largest. Smaller companies carry less weight, and the least weight of all is given to the voice of an individual person.

    Another issue with Bolkenstein and many, many, many other politicians is that they believe that most issues are way too complex for the common people to understand. That is why they think they act in our interests even if they go against our express wishes'. And it's not just the majority of the common people, but all of them: professors and garbage collectors are all equally ignored. In true spirit of the Dutch 'poldermodel', the only groups that have this politician's ear are corporations, unions, and other politicians.
  • by SlashDread ( 38969 ) on Wednesday September 24, 2003 @09:50AM (#7043205)
    6a is great for SAMBA f.e.

    Next time a MS rep, hints that "they owe the patents" to a SAMBA maintainer, now they can not only smile as a response, but plain laugh aloud! /Dread
  • Re:Bleh. (Score:5, Insightful)

    by kmurray ( 166822 ) on Wednesday September 24, 2003 @09:53AM (#7043234)
    Small companies can't afford to go around patenting every little detail of their software, like some big companies. Lawyers cost money, lots of money. I know.

    The real problems is the broadness of the patent law. The people giving out the patents have no idea what makes the patent novel. Patents should be revolutionary, not evolutionary. Crap is getting let through and then it is off to the races with attorneys. Then who wins?
  • Re:Unfortunate (Score:1, Insightful)

    by Anonymous Coward on Wednesday September 24, 2003 @09:57AM (#7043289)
    Sorry for the cynical tirade, but:

    I'm not so sure it is a matter of those in power being 'uninformed' although they may well be. I think it is more a matter that politicians world-wide represent the interests of those with money (i.e. be they corporations or individuals) over all others. The interests of citizens at large, fairness, and morality, are always just after-thoughts by comparison. Completely straight and moral policitians that won't play ball with the rich, tend not to get very far.

    Governments are always corrupt to some degree -- it is only a matter of extent. It has always been that way. It always will be that way. Be thankful ours has some pretty favourable limits as to how far they will go in oppressing the population -- many governments worldwide, and historically, have had no real limits and anything goes.
  • by mericet ( 550554 ) on Wednesday September 24, 2003 @10:08AM (#7043422) Homepage
    Would you really like the NCSA or Netscape to have a 20 year monopoly on displaying images with text or on hyperlinks ?!?

    Yes, I prefer IE to exist, as long as I can also have lynx and opera and konquerer.

    Competition, even agains MS lets the better products surface instead of getting us stuck with patent protected monopoly, inferior products.

    Your gun manufacturer analogy is right on the money, patents can be used defensibly as can guns, but are essentially a destructive tool.

    Plus, EU software patents can only harm EU competiveness, EU companies could always register their software patents in the US while ignoring US software patents in the EU. Now US companies will rush to register their patents in the EU.

    Patents may have a place, but today's systems are really out of control.

  • Comment removed (Score:2, Insightful)

    by account_deleted ( 4530225 ) on Wednesday September 24, 2003 @10:21AM (#7043555)
    Comment removed based on user account deletion
  • by hughk ( 248126 ) on Wednesday September 24, 2003 @10:21AM (#7043557) Journal
    The main problem is a conflict of interest. Many politicians are lawyers by training and the EU is no exception. Software patents are an area where a lot of disputes will end up in court (mostly because an algorithm is less well defined than something physical like a jet engine or automobile). The guy who can pay the best lawyers will win.
  • by mOdQuArK! ( 87332 ) on Wednesday September 24, 2003 @10:25AM (#7043603)
    Have you wondered how much of the cost of all those examples you gave is because the engineers involved couldn't copy a solution that somebody else had already come up with and ended up having to implement a lot of their stuff from scratch?
  • Re:Bleh. (Score:5, Insightful)

    by SerpentMage ( 13390 ) on Wednesday September 24, 2003 @10:30AM (#7043657)
    I am sorry my good sir I most vehmently disagree with you.

    Patents do nothing but slow down an industry and promote laziness....

    1) Ford, which is considered the model on how to build cars and do processes HAD to get around patents so that he could build a car that EVERYONE can afford.

    2) Windsurfer which invented the windsurfing board had a patent, which they only enforced two years before the end of the patent. Until five years before the end of the patent there was no Wind surfing industry. Windsurfer then cashed in and forced bankruptcy of major windsurfers. Where is Windsurfer today? Sitting on money doing nothing.

    3) Laser had a patent which caused nobody to do anything with lasers. Once the patent expired we ended up with laser pointers, last light shows, etc, etc..

    4) Patents CANNOT be bought and defended by "small" people. Patents cost about 40,000 EUROS a pop and this is not money for the "small" company. This is money for the large company.

    Now about your reference to MS and Internet Explorer. Say what you will, but Netscape was no better than Microsoft. I was around in the Netscape days and they were bastards. Once I represented a company who wanted to purchase five thousand licenses to Netscape. Netscape ignored the company because it was too small and companies like Deutsche Telekom were more important.

    Microsoft might clone ideas, just like all of the other companies do as well in the industry. The software industry is like writing, we all clone!

    The problem in software are the contracts. For example why do I have to buy Windows 5 times for a single computer?

    Sir, I would have wished that you would have used your lawyer abilities to reign in the contracts instead of going for the easy cash in Patents. Remember you are going to be responsible for a mess that *I* have to live in.

  • by ggeens ( 53767 ) <ggeens AT iggyland DOT com> on Wednesday September 24, 2003 @10:33AM (#7043684) Homepage Journal

    Some points from the article (loosely translated):

    1. "Purely" computing programs are not patentable, "inventions created by a computer" are.
    2. Something is not an invention just because it uses a computer. The program needs to demonstrate a scientific innovation independent of its execution.
    3. An implementation would not infringe on a patent if it is necessary to assure the communication between different programs or networks.

    1 and 2 seem to prevent most of the abuses of software patents. Taking a normal business practice and adding "over the Internet" (wait, that's old fashoned. Nowadays it's "using XML") would not be accepted.

    With number 3, it would be useless to patent file formats or communication protocols (if they even are patentable), since anyone would be permitted to write their own implementation.

    (But anyway, IANAL.)

  • HOLY FUCKING SHIT (Score:4, Insightful)

    by 0x0d0a ( 568518 ) on Wednesday September 24, 2003 @10:53AM (#7043892) Journal
    "Right to use of patented techniques without authorization or royalty, if needed solely to achieve software interoperatibility"?

    Wow. The closest US equivalent (a clause in the DMCA) only applies to legitimate copy control bypassing, and only applies to interhost network protocol interoperation.

    This is *incredible*, and could have a sweeping impact on patents. It's a *huge* lever.
  • by Halo1 ( 136547 ) on Wednesday September 24, 2003 @10:58AM (#7043956)
    First of all, the MP3 patents are software patents and as such are not valid in Europe. The base MP3 patent is on quantising a sound signal and then iteratively executing a (the patent doesn't mention which) mathematical function over these quantised values until they can be represented using the desired number of bits. That's it, it's not any more specific.

    Now, suppose we would get software patents, then this article would allow you to use an mp3 decoder to connect some audio aparatus to another one which only outputs sound in MP3 format. It will not allow encoders, unless they are only used for encoding sound which is then fed into something which can accept only mp3 encoded audio. So it also won't allow plain mp3 players (I don't think that the argument "I want to make my MP3's interoperable with my earbuds" would hold).

    It really is a restriction to make sure that a company with a dominant market position cannot exclude everyone else by making all of the interfaces of its machine depend on patented technology and thus doing a vender lock-in (since compatitors cannot make any compatible devices). Jonas

  • by Colm Buckley ( 589428 ) <colm@tuatha.org> on Wednesday September 24, 2003 @10:58AM (#7043964) Homepage

    A lot of the comments here indicate that people think that this is a universally bad thing - in fact, the draft directive was so heavily amended by MEPs in support of the proposals of the FFII [ffii.org] and related organisations, that the resulting document is actually quite supportive of realistic limits on software patents.

    Full details here [ffii.org] . Check it out!

  • Re:Well Well... (Score:3, Insightful)

    by olethrosdc ( 584207 ) on Wednesday September 24, 2003 @11:03AM (#7044061) Homepage Journal
    Yes, they voted, but afaicu, with all the suggested amendments by FFII. So this is a victory, not a loss.
  • Re:Flashpoint (Score:3, Insightful)

    by the_mad_poster ( 640772 ) <shattoc@adelphia.com> on Wednesday September 24, 2003 @11:12AM (#7044172) Homepage Journal

    I'm sorry. You've violated 86,732 sections of PATRIOT, PATRIOT II, and DMCA.

    Please stay where you are. Your exectioner will be along shortly. It does not matter if you are outside the U.S. There is no outside the U.S. anymore.

  • by xutopia ( 469129 ) on Wednesday September 24, 2003 @11:19AM (#7044259) Homepage
    the law has past but this part here : "Un autre amendement precise que l'utilisation d'une technique brevetee n'est pas consideree comme une contrefacon si elle est necessaire pour assurer la communication entre differents systemes ou reseaux informatiques."

    which means :

    Another amendment specifies that the utilisation of a patented technique is not considered law-breaking if it is necessary for communication between different systems or networks.

    I don't know if anyone knows what that means but OSS software has nothing to worry about.

  • Re:Well Well... (Score:2, Insightful)

    by qcomp ( 694740 ) on Wednesday September 24, 2003 @12:43PM (#7045255)

    To the contrary: I think todays decision is cause for joy, and the parlamentarians are to be commended for not having followed the commission and big business.

    As discussed in the Heise article cited on the update of the original /.-posting today's decision does scale back the initial proposal strongly. Pure software patents are not allowed. There must be a relation to technology and the use of natural forces. One cannot use patents to inhibit the writing of data-conversion programs.

    In fact, it seems that most demands of small/mid-sized businesses and open-source initiatives have been heeded while MSFT and its ilk express "disappointment".

    Complete rejection of the initiative might have been more harmful, since it would leave the field to national patent offices, some of which like to patent software. So the new rule would unify and restrict the SWPAT-practice in the EU.

    However, this was not the final vote! Now the amended proposal goes back to the European commission (which favored a more US-style law) and then has to be submitted to the parliament again.

    Since "grassroots lobbying" seems to have had much to do with today's success we need to stay alert! Let your representatives in the EU parliament know what you think of their vote [eu.int] today!

  • Re:Well Well... (Score:2, Insightful)

    by Saeger ( 456549 ) <farrellj@g m a il.com> on Wednesday September 24, 2003 @03:51PM (#7047781) Homepage
    Not one mention of "nanotechnology" anywhere on that site (of yours?), even though it'll do the most to eliminate material scarcity. "Desktop molecular manufacturing" will mean an end to global trade, the end of resource-based wars, the end of wage-slave jobs, and the end of the need (for some people) for artificial scarcity to pay for what used to be scarce (food, clothes, etc).

    I prefer the term Meritocracy though.

    --

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