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Dutch Parliament Reverses Software Patent Vote 301

Sanity writes "On May 18th, by a thin majority, the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe. According to an FFII press release, the Dutch Parliament yesterday voted to change its Minister's vote, which was in favor, to an abstension. This is an unprecidented move and a great coup for those fighting against software patents, never before has a country reversed a vote in this manner. While this is not sufficient to reverse the decision of the Council of Ministers, it does pave the way for other countries, many of which were pressured into an affirmative vote, to do the same. Now is the time for citizens of the EU to put pressure on their national governments to follow the Dutch lead."
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Dutch Parliament Reverses Software Patent Vote

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  • Great News (Score:5, Insightful)

    by XeRXeS-TCN ( 788834 ) on Friday July 02, 2004 @10:27AM (#9591641)

    It's a small step on it's own, but that's really good news :) Hopefully some of the countries who were unsure about it but ultimately pressured into agreement will now start to think twice about their choices, and maybe refuse to accept the motion, or abstain, removing the majority that the motion otherwise has.

    It'd be better if they had outright voted no, but an abstention is still better than a vote in favour.

    • Re:Great News (Score:2, Insightful)

      by Ignignot ( 782335 )
      There is a big problem with this vote. It removes the concept of culpability for the minister who was "pressured" into voting. Ultimately how far is such a public figure from a vote of no confidence? When you implicitly say he didn't have a choice and then you go in and change what he did, you're saying he can't do his job right. This is big egg in the face of the minister.
      • Re:Great News (Score:5, Informative)

        by SillyNickName4me ( 760022 ) <dotslash@bartsplace.net> on Friday July 02, 2004 @11:20AM (#9592165) Homepage
        You are mistaken and ignoring a rather relevant fact.

        The council of ministers IGNORED the explicit vote from the EU parliament in this matter. The minister did a bad job and the Dutch parliament told him so.
      • Re:Great News (Score:3, Informative)

        by jilles ( 20976 )
        Legally, the minister has voted on behalf of the dutch government. All actions of the government are ultimately controlled by the dutch parliament. Now, the parliament has decided that the minister should excercise a legal loophole and revoke the the vote.

        Technically the minister can decide not to do this in which case a vote of no confidence may follow (after a debate with the minister on his reasons for not revoking his vote). However, given the political consequences of this scenario, this is unlikely t
    • Re:Great News (Score:5, Interesting)

      by file-exists-p ( 681756 ) on Friday July 02, 2004 @10:50AM (#9591889)
      It may be a great news, but I wonder what a vote means then. I will not feel secure in the future if the same can happen when some GOOD decisions have been made. Does it mean that at any moment some heavy lobbying can change any vote ?

      I have to admit I understand nothing to the EU system...

      --
      Go Debian!!!
      • Re:Great News (Score:3, Insightful)

        by julesh ( 229690 )
        You have to remember that the EU can only exist right now because there's a consensus between the states that its better for it to exist than for it not to exist. This means that the system must be designed to allow for this kind of thing, otherwise member states might feel trapped by it, and decide they're better off without it.
      • Re:Great News (Score:5, Informative)

        by Arend ( 170998 ) on Friday July 02, 2004 @11:30AM (#9592259) Homepage
        "Does it mean that at any moment some heavy lobbying can change any vote?"

        It means that something went really wrong. In our case, the Minister said to the Dutch Parliament that there was agreement between the European Parliament and the Council of Ministers, which was absolutely not the case.

        In our communications with politicians, it became clear that they had no idea what was going on. Because of the clear case of misinformation, we were able to get the attention of the Parliament, so we could inform them of the situation.

        What was really important was that we had the European Parliament on our hand.

        What hopefully happens now is that the Dutch decision triggers the attention in the other European Countries, so they start talking to their people in the European Parliament and to local representatives of the FFII [ffii.org] and other organisations.

        In case you're interested: read all about our efforts at: osnews.com [osnews.com]

    • Glad to see a story where this [www.lll.lu] is ontopic.

      Note for the non-Luxembourgers: yes, we did have a general election in the meantime, and the guy in the picture's party lost big time, hehe. Our new government is not yet formed, but probability is quite high that this guy won't be butchering any penguins anytime soon!

  • Changing votes? (Score:5, Insightful)

    by mfh ( 56 ) on Friday July 02, 2004 @10:27AM (#9591647) Homepage Journal
    If you can change your vote after you see a reaction to it from your financial backers, how is it a vote anymore?

    Vote [reference.com]:

    1. A formal expression of preference for a candidate for office or for a proposed resolution of an issue.

    2. A means by which such a preference is made known, such as a raised hand or a marked ballot.
    • Re:Changing votes? (Score:2, Informative)

      by BorgDrone ( 64343 )
      The vote was changed because the parliament was misinformed about software patents.
    • Re:Changing votes? (Score:5, Insightful)

      by Sanity ( 1431 ) * on Friday July 02, 2004 @10:31AM (#9591703) Homepage Journal
      Like most things in the EU, its complicated.

      I think the deal is that they have a "political vote", but the actual binding vote can only take place once the document has been translated into all EU languages. Historically the second vote has been a formality, but the big deal here is that the Dutch have demonstrated that if a Minister has voted against the wishes of their government in the Council, that vote can be changed.

      This is not only good for software patents, but its also a step forward for accountability in the EU.

  • Better link (Score:5, Informative)

    by Halo1 ( 136547 ) on Friday July 02, 2004 @10:28AM (#9591663)
    Please use this link [ffii.org] instead, it goes to a static version of the linked page. It would be nice if an editor could update the story itself as well, thanks.
    • Re:Better link (Score:5, Informative)

      by Arend ( 170998 ) on Friday July 02, 2004 @11:18AM (#9592144) Homepage
      Also see:

      The Inquirer [theinquirer.net]: "A plan by the European Council of Ministers to force the continent wide adoption of the Directive on Software Patents suffered a blow yesterday [ffii.org] when the Dutch Parliament ordered a minister to withdraw the country's support".

      Groklaw [groklaw.net] says "The Dutch parliament is making news. It has just withdrawn its vote for the Directive on Software Patents. It's a proof-of-concept vote, you might say, the first time such a move has been taken in the history of the EU, demonstrating that other countries are free to do the same, as we reported on June 22.".

      In Germany, Heise [heise.de] covers the story. In the Netherlands, the story is making headlines all over the place, lik e for example on webwereld [webwereld.nl] and Tweakers.net [tweakers.net].

      This sudden change of direction is a long story [osnews.com], in which a classic case of desinformation of the Parliament triggered a whole process of debates and motions.

  • Dirty. (Score:3, Interesting)

    by Anonymous Coward on Friday July 02, 2004 @10:29AM (#9591677)
    This is a filthy, dirty vote play. Really, it is.

    HOWEVER, it is totally justified.

    If your competitor plays dirty and wins, consistently, the only way you can compete is to be just as dirty, if not more-so.

    The upcoming USA election should be interesting.
    • Re:Dirty. (Score:5, Informative)

      by Halo1 ( 136547 ) on Friday July 02, 2004 @10:45AM (#9591850)
      It's not dirty at all. The Dutch minister misinformed the national parliament before the vote on the political agreement. This came to light, and now he has to bear the consequences. If anyone played dirty here, it's the minister.
      • The Dutch minister misinformed the national parliament before the vote on the political agreement. This came to light, and now he has to bear the consequences.

        That's not a problem, he's probably got a cushy golf-playing job already lined up at Microsoft or another similiarly nefarious organization, just waiting for him to take it whenever he feels like retiring from politics to, "spend more time with his family."
  • by Wylfing ( 144940 ) <brian@@@wylfing...net> on Friday July 02, 2004 @10:29AM (#9591678) Homepage Journal
    the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe

    So they were for being against opposing patents. This is your brain on drugs.

    • There's a mistake in the number of negations somewhere, too. As near as my pre-coffee brain can puzzle out, it says the Ministers just voted for software patents. But that's wrong. I hated it when I missed a question on a math test because of an error in sign!
    • the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe
      So they were for being against opposing patents. This is your brain on drugs.
      The Dutch parliament opposes their minister's opposition to the amendments which opposed software patents.
      • the European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe

        So they were for being against opposing patents. This is your brain on drugs.

        The Dutch parliament opposes their minister's opposition to the amendments which opposed software patents.
        ahh... thank you, so much clearer now

        do we love or hate the dutch right now? im still lost :P

      • Ah, thank you. You put me in mind to go and look up this:

        Bernard Woolley: "Now, may I just have your approval for this Local Government Allowances Amendment Number 2 for this year's regulations."
        Jim Hacker: "What is it?"
        Bernard Woolley: "It is a Statutory Instrument to be laid before the House. As Minister responsible for local government we need you to authorize that the revised Paragraph 5 of Number 2 Regulations 1971 shall come into operation on March the 18th next, revoking Regulation 7 of the Local
    • Re:Ow! the pain! (Score:4, Interesting)

      by maximilln ( 654768 ) on Friday July 02, 2004 @11:54AM (#9592491) Homepage Journal
      So they were for being against opposing patents. This is your brain on drugs

      Agreed. If it weren't for the context my initial reading was to think that corporations had gotten the better of politics. Perhaps it should read: "the European Council of Ministers, to keep software patents out of Europe, voted in favor of throwing out the European Parliament's efforts".

      The issue is the prepositional phrase "to keep software patents out of Europe". Is it serving as an adjective or an adverb? Does it modify "efforts", meaning the European Parliament had been striving to keep software patents out of Europe, or does it modify "voted", meaning the action of voting served to keep software patents out of Europe? The meaning of the prepositional phrase, in its published position, does not become apparent without the context around it.
  • Hopefully more countries will follow the Dutch lead, and loosen the grasp of proprietary software in Europe, leading to more competition in the market, and ultimately Microsoft's downfall *evil grin*
  • by pigpilot ( 733494 ) on Friday July 02, 2004 @10:30AM (#9591684) Homepage

    If they had changed their vote to a negative instead of just abstaining then it might have some influence, but the Dutch chose to act as if their man wasn't at the vote.

    This won't make any difference the UK vote on patents although the Eurosceptics might enjoy the idea of putting a spanner in the works of the commision on other issues.

    • by CVD1979 ( 718352 ) <tim.stoop@gmail.com> on Friday July 02, 2004 @10:39AM (#9591798) Homepage
      Read the article, it'll probably make a difference (at least the FFII seems to think so). Besides, it still can become a 'negative'. The parliament choose for abstaining, since they were misinformed by the Minister and needed more time to read through the text. Although I'm not aware if the vote from yesterday will now be final, or is a preliminary vote. I'll get back to you on that...
    • by KamuSan ( 680564 ) on Friday July 02, 2004 @10:57AM (#9591940) Journal
      I was at the previous committee meeting. All the MPs that were there were not happy with the minister and secretary, but the MP (Vendrik (sp?)) who proposed the motion came to the conclusion that a negative vote was unreachable. IMO primarily because of the CDA- and VVD-fractions, who were not happy with the way the EP-EC vote went, but only partially against software patents per se.
    • by BlueUnderwear ( 73957 ) on Friday July 02, 2004 @11:30AM (#9592265)
      In the Council, a negative vote and an abstention count the same. Indeed, only yes votes are counted; and both an abstention and a negative are a missing yes.

      The difference is mostly psychological/politcal.

  • Topic of this vote aside how is Europe supposed to get anywhere if a country votes one way and then a couple of months later changes its decision? They had time enough to make up their minds. Decisons this will only undermine political credibility in Europe.
    • by Sique ( 173459 ) on Friday July 02, 2004 @10:34AM (#9591742) Homepage
      It was the Minister, who voted in favour of software patents. The Parliament told him: You voted wrongly. Two different things.
      • So what you are saying is that the plenipotentiary of the Netherlands Government votes on major issues either without consulting his government or by ignoring them. This might be slightly different but its still unacceptable political farce.
        • by Halo1 ( 136547 ) on Friday July 02, 2004 @10:51AM (#9591895)
          Actually, it's worse: the Dutch minister told the Parliament before the vote that there was a compromise between the European Parliament and the Council, so that it would simply be a formalisation. After the vote it came to light the minister had lied (explained as "an error in the word processor" by his State Secretary), so the Parliament asked the minister to retract his vote (because if they had known the truth beforehand, they would have been against voting in favour as well).

          Note however that the vote was on "a political agreement on a common position of the Council", and that until this political agreement is formalised, no official vote has taken place yet. Of course, it's very much "not done" to change your stance after a political agreement has been reached, but there are no juridical hurdles which prevent you from doing that.

          • it's very much "not done" to change your stance after a political agreement has been reached, but there are no juridical hurdles which prevent you from doing that.
            Given the underhanded tactics? [ffii.org] used to get this passed in the first place, I think the actions of the Dutch are more than justified.
        • unless he just misunderstood their wishes. There are so many things discussed, conveyed, requested and demanded - mistakes happen. It's OK - as long as it can be corrected and nobody was hurt - no big deal.
    • they had time, but the first decision turned out to be based on false information, delivered by minister Brinkhorst. it was decided to look at the case again, based on correct information

    • The only reason that the vote was passed in the first place was because the then European presidency in Ireland was being sponsered by Microsoft. [eu2004.ie]

      And people are attempting to change these rules, for just the reasons that this debaukle has highlighted, regarding both the reversal of the parliments decisions by the council and the reversal of the dutch vote.
    • by Anonymous Coward on Friday July 02, 2004 @10:38AM (#9591782)
      The decision to originally vote for the software patents directive was based on incorrect information. When this was clear they changed their mind.

      ffii [ffii.org]

      "The European Parliament's version asserted that patents would only be allowed for industrial inventions (e.g. washing machines) and would not be made possible for pure software. All these adaptations were removed in the Council of Ministers' controversial version.

      Earlier, Brinkhorst described the Council proposal to the Dutch Parliament as a compromise with the EP. In recent legislative debates, Van Gennip was forced to admit that this was incorrect information, and attributed it to "an error in the word processor." "

      -doh!
    • I think you don't understand the political process in Europe. When the European "government" makes a rule, this means all European countries have to implement laws that take this rule into account. This is why governments can change their opinions, when the national governments decide that this rule is not consistent with the rest of the laws.

      I agree that this is a lengthy process, but since Europe is trying the harmonize the legislation of a lot of countries, hickups like these are to be expected, and it
    • God forbid someone re-evaluating their decision and changing their vote. What is wrong with this? They generally have a time-frame. So the minister made a vote, the other politicians that he represents didn't like his choice, and told him to do otherwise.
      I would rather have our politicians have the ability to change their vote, then to force them to stick with a vote that could be a mistake.
      Imagine this - a politician votes today on passing a law - tomorrow it dawns on him that the law is TERRIBLE...w
    • EU-wide elections took place quite recently. The original vote was before the elections, this decision is after. The (usual) mid-term swing against the governing party in pretty much all EU countries was bound to have some political fallout.

      A similar thing could happen in the states; a bill passed by Congress could be passed to an outgoing president, who leaves it to the incoming president to sign up... the incoming president can then still veto the bill.

      Its unlikely in the US system, as a bill becomes la
    • by vidarh ( 309115 ) <vidar@hokstad.com> on Friday July 02, 2004 @12:02PM (#9592600) Homepage Journal
      EU is not a country. As a result the legislative process is complex because it needs to take into account the fact that no member state can be forced to accept a law, and so to make it palatable for the member states to accept EU law even when it is not in their national interest the process has a lot of extra checks and balances (I'm sure I've messed up parts of this description...):

      Typically the EU commission (the commission is the closest thing to a EU cabinet) will propose a new law. The proposal will be considered by the EU Parliament (elected by popular vote), which will issue an opinion. In this specific case the Parliaments opinion included a wide number of changes to prevent software patents.

      After the parliament decides on their opinion, the Council of Ministers (ministers of the governments of the member states) vote. In this case the council decided to disregard parliaments opinion and their changes.

      However, since it is usually impractical to make official translations to all the official languages, the council needs to vote again on the officially sanctioned translated texts. Only this vote is binding. This is what gave the Dutch a chance to force their minister to change the vote.

      Once the Council has voted, the law goes to the EU Parliament for a second reading. If the Parliament approves the legislation or does nothing, the law goes to the Council which can then approve the law by qualified majority. Once so approved, it is the duty of the member states to change their national laws to be consistent with the EU law where needed.

      If the parliament REJECTS the law with absolute majority, the council can still adopt the law, but only with unanimity. So if the parliament rejects this law with absolute majority on the second reading it's dead.

      If the parliament amends the law with absolute majority, the changes go to the commission. If the commission accepts the changes, the council is authorised to approve the law with a qualified majority. If the commission rejects the changes, the council can only approve the law with unaminity.

      In this case the commission is likely to reject any significant changes suggested by the parliament on the second reading, since it wanted the law in the first place.

      So it's not as if this change would have automatically become law if the Dutch hadn't changed their mind - it was only about halfway through the process.

  • by jdkane ( 588293 ) on Friday July 02, 2004 @10:30AM (#9591693)
    Darn, I wanted to be the first one in Holland to patent [uspto.gov] the grouped task bar buttons [slashdot.org].
  • by halivar ( 535827 ) <`moc.liamg' `ta' `reglefb'> on Friday July 02, 2004 @10:30AM (#9591694)
    Please learn from our mistakes. Don't let stealth legislation ramrod you into 1984. It starts with patents and ends with your freedom. Don't let this opportunity slip by.

    If you're a democracy, then you're a constituent, and your opinion matters, as long as it's heard. E-mail works good, but snail mail works better. Better than all of that, however, is a phone call.
    • E-mail could work if politicals had computers (and knew how to use it). Snail could work if it was not thrown in the trash bin (don't you ever hope that someone important will read your mails). Phone call? you must have a phone number for that.
      It's really different from the USA, where you can write your congressman as easily as buying food.
    • It starts with patents and ends with your freedom.

      That's not quite right. Actually it's:

      1. Patents
      2. ???
      3. Your freedom
      4. Profit!

  • by scrytch ( 9198 ) <chuck@myrealbox.com> on Friday July 02, 2004 @10:33AM (#9591734)
    The Dutch parliament moved against (well, abstained) the vote against the motion against software patents in europe?

    Oh that was clear.

  • by artemis67 ( 93453 ) on Friday July 02, 2004 @10:33AM (#9591738)
    Microsoft has purchased the Netherlands and has patented throwing out software patents.
  • Seriously... (Score:5, Insightful)

    by GillBates0 ( 664202 ) on Friday July 02, 2004 @10:35AM (#9591753) Homepage Journal
    When I envision a high-tech future of mankind and earth, the thought of mega-rich, profiteering, monopolisitic corporations never enters my mind.

    If we survive long enough to make the floating cities and flying cars a reality, it will be because inventors, software developers and corporations were open-minded and generous enough to give away their inventions/creations for the benefit of everybody, albeit in exchange of a reasonable amount of compensation, but above all the satisfaction of having done something good for the betterment of others.

    The current trend seems to be headed in a completely opposite direction - profit (hate that word now) seems to be the only motivating factor (if not for individuals, atleast for the corporations binding creative humans by heavy handed employment contracts/etc) for any development we're seeing at all.

    It's about time we got over this short-sightedness and moved towards a society which is not encumbered by flimsy lawsuits, overstepping patents, profit mindedness, or constant fear of the former two. Information should be free.

    /end rant

    • All I know is my own situation, but I suspect it's common:

      -> I get a great idea for something the world needs

      -> I need to prototype it, but have grossly insufficient funds

      -> I seek people with money who are willing to loan me some $$$ if I pay them back more than they gave me

      -> Now I must build the device on the capital given to me, and figure out how to make more $$$ from it than I put in to it, to pay off my loan AND continue to eat for the next 2 years.

      -> I have 2 choices, prototype a
    • software developers and corporations were open-minded and generous enough to give away their inventions/creations for the benefit of everybody,
      In all honesty, the only way this will work is in a community where everyone is given an equal quality of living, and everyone contributes. This assumes two things:
      1) People are not greedy and want more then everyone else (i.e. you have $10.00 I want $30.00) 2) Everyone contributes (i.e. we are not lazy, and by our very atomic nature, let alone human nature, we
  • Abstention? (Score:2, Insightful)

    OK, so they're voting "yes" any more, but they're hardly fighting back. What help is an abstention? Surely what we really want are "no" votes? Maybe it was just too much to do a *complete* turnaround...
    • Re:Abstention? (Score:3, Informative)

      by radja ( 58949 )
      there were 2 motions. the motion to abstain (by PvdA, dutch labour party) made it, the motion to completely reverse the decision (done by SP, the socialist party) was turned down.
    • Re:Abstention? (Score:4, Interesting)

      by Halo1 ( 136547 ) on Friday July 02, 2004 @11:25AM (#9592223)
      OK, so they're voting "yes" any more, but they're hardly fighting back. What help is an abstention?
      It's a very strong political signal (because it's normally "not done" to change your vote between the political agreement on a common position and the adoption of the common position). And the directive needs a qualified majority in the Council, which means that an abstention has the same effect as a no-vote.

      We still need more no-votes to break the qualified majority, but thanks to this victory, getting those votes now is actually realistic.

  • The story: (Score:5, Informative)

    by Anonymous Coward on Friday July 02, 2004 @10:37AM (#9591779)
    Our dutch political groups were (alomst) all oposed to the law.
    The person who was going to vote is the leading person of one of our political groups (that group was oposed to the new law even more than most others)
    He decided to vote in favor if the proposal would be changed to be a much nicer law.
    The proposal was changed to some extend, but not as far as what he descussed and promised to the rest of his group and the other groups.
    He voted in favor of the law, and everyone was stunned!
    Things started to rumble as his own party was starting to ask questions.
    A dutch digital freedom organisation made a propsition to the different party's to change the vote.
    The voter replied that he would not change his vote as that could be harmfull to his party and carreer.
    And now all of sudden, probably after more talking and lobying he did change, (or someone else made him)
  • by The Viking ( 109047 ) on Friday July 02, 2004 @10:39AM (#9591794) Homepage
    Wow... the Dutch Parliament reversed a European Council of Ministers vote that had been in favor of throwing out the European Parliament's efforts to keep software patents out of Europe.

    In other news, my best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with a girl who saw Ferris pass out at 31 Flavors last night.
  • by Dutchmaan ( 442553 ) on Friday July 02, 2004 @10:43AM (#9591827) Homepage
    The Netherlands never ceases to impress me with the decisions they make.
  • by Doc Ruby ( 173196 ) on Friday July 02, 2004 @10:45AM (#9591846) Homepage Journal
    This vote shows that the Dutch rep to the EU Parliament defied the government, therefore the people, he "represents". While politicians are sent to lead the people, even when leadership is controversial or unpopular, Dutch minister Brinkhorst blamed his "maverick" vote on a typo. The Dutch, with their traditional prudence and deft style, have reversed the result, without even reversing their vote, by appropriately abstaining when their own vote was dysfunctional. Now the question is: who got to this weasel? Who paid him off? Could it be M$, adding his bribe to the big, yet acceptable, bill they're liable to pay the EU for running a foreign monopoly against their people? How much does it cost a corporation to rig property laws in their favor for decades in Europe? And for the politically ambitious European, does Brinkhorst get to keep his bribe, even though he botched the delivery?
    • This vote shows that the Dutch rep to the EU Parliament defied the government, therefore the people, he "represents".
      Not in the EU Parliament, but in the Council of ministers
    • Getting right to the point, we may occasionally laud the EU's political environment as somewhat superior to the American one, but whether the EU is getting better or worse depends to a great extent on whether this "Minister" will be investigated and prosecuted.

      To let "Mr. Typo" get off light, you have to have the kind of benighted self-contempt that Americans, Chinese and ex-Soviet citizens are really familiar with.
    • "who got to this weasel? Who paid him off? Could it be M$, adding his bribe to the big, yet acceptable, bill they're liable to pay the EU for running a foreign monopoly against their people"

      LOL, why believe in a monopoly? He (actually the State Secretary) didn't blame it on a typo, but actually blamed the *word processor*.

      Now somehow I don't get the feeling he used Open Office. And we all know who is the #1 word processor manufacturer in the world ;-)
  • So unless I am wrong (Score:2, Interesting)

    by AviLazar ( 741826 )
    This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written?
    Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?
    Let them recoup their costs. If I write some software, I be damned if someone is going to tell me how to market/sell/utilize it (short of national security breach).
    • by Halo1 ( 136547 )

      This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written? Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?

      You have apparently no idea of the economics of writing software. Have a look at these studies [ffii.org] the EP took into account when voting against software patentability... And that doesn't even include the FTC study [ffii.org.uk] that was published afterwards.

      • Nope I have no idea of economics - non whatsoever (pfft).
        What I do know: Some Company X makes a product that costs them some amount of dollars (investment). They work to intellectually protect their product *god forbid* & investment. Then they go to produce (supply) and sell (sell cost) to make the most amount of profit.
        Consumer A - views the product, determines if he wants it (demand). If the demand value is equal to or greater then the price (sell cost) the consumer buys it. Hopefully the sell co
        • by Halo1 ( 136547 )

          What I do know: Some Company X makes a product that costs them some amount of dollars (investment). They work to intellectually protect their product *god forbid* & investment. Then they go to produce (supply) and sell (sell cost) to make the most amount of profit.

          A company can get all the protection it needs to realise what you describe by means of copyright. Software patents in fact undermine its investments: it spends a lot of money on R&D and writing a program, brings it on the market and t

    • by mczak ( 575986 )

      This law they are trying to pass will allow companies to patent the software (intellectual property) that they have written?

      They already get copyright on the code they write, you seem to confuse that with patents...

      Just like any other company that does R&D (the most costly aspect of producing a product) what is the problem with it being patented?

      The problem is software is basically algorithms. You should not be allowed to patent business methods, mathematics et al. This just serves the big guys w

    • I believe that copyrights are much better suited to reward the investment in software than patents. Frankly, patents are a kludge for industries where copyright wouldn't make sense. In the software industry, patents have a chilling effect on innovation, and they prevent computers from being user friendly and compatible with each other.

      In literature, the media to which copyright originally applied, an idea is worthless but it's expression is valuable. You can't patent the idea of a story about star-cros

  • English, please? (Score:2, Interesting)

    by JamesP ( 688957 )
    The post is very confusing: he voted against the people that are against voting against being contrary to software patents, something like that...

    What the heck, can someone simplify it?

  • by flossie ( 135232 ) on Friday July 02, 2004 @11:02AM (#9591990) Homepage
    Is there an official record of the proceedings of the Dutch Parliament, similar to the UK's Hansard [parliament.uk], to which I can direct the attention of my MP? I'm not sure that a wiki page at the FFII website will carry sufficient authority to prompt her to try the same thing here.
    • The "uncorrected" version of the parliament's session is here [tweedekamer.nl]. Of course it's in Dutch, and you have to find the issue between the other topics that have been debated. The discussion starts with this text "Aan de orde is het debat naar aanleiding van een algemeen overleg op 24 juni 2004 over software octrooien.", which is at about page 21.
  • Go Dutch (Score:2, Funny)

    by faxafloi ( 228519 )
    Finaally, some saanity haas been restored to the paatent debaate. Congraatulaations to our Dutch friends for their couraageous step forwaard.
  • whoops (Score:3, Funny)

    by bl8n8r ( 649187 ) on Friday July 02, 2004 @11:06AM (#9592017)
    sounds like the check bounced to the Dutch Parliament
  • I see this writeup was written in the same straightforward style as is the norm in European Union legislative matters:

    "European Council of Ministers voted in favor of throwing out the European Parliament's efforts to keep software patents out of Europe."

    So they voted in favor. In favor of what? Throwing out something. So they voted against something. Against what? European Parliament's efforts to keep software patents out of Europe. So they voted in favor of software patents. Gotcha.

  • by NigelJohnstone ( 242811 ) on Friday July 02, 2004 @11:42AM (#9592403)
    Even if you think there is something between the idea and the implementation, some sort of 'middle' uniqueness that can be patented, a patent is completely useless at protected it!

    Consider the Google pagerank patent, how can Google know if anyone other search engine is using pagerank?

    Even if search engines released their binaries, it would be next to impossible to reverse engineer all the binaries and locate the equivalent to the 'page rank' system in it.

    So any 'middle uniqueness' patents are worthless because infringements can't be detected.

    Setting aside all the history of algorithms not being patentable, this is a basic problem with software patents.

    That leaves patents on the idea itself, or patents on the implementation in code (which is already protected by copyrights, and trade secrets).

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