EU Software Patents Dead Again 325
Joe Blakesley writes "Heise is reporting (in German) that the JURI (legal division of the European Parliament who tend to be more pro-EPO) have voted to invoke Rule 55 for a total restart of the software patents process (going back through the anti-swpat Parliament with a totally new directive) following attempts by the EC to get their directive through by the back door. This is an important victory for democracy and it means we can no longer say that the JURI is out. Also see Groklaw's story."
Reassuring (Score:3, Informative)
Read all about it on ffii page (Score:5, Informative)
Brussels, 2 February 2005 - The Legal Affairs Committee of the European Parliament (JURI) has decided with a large majority to ask the Commission for a renewed referral of the software patents directive. With only two or three votes against and one abstention, the resolution had overwhelming support from the committee, and all-party backing.
The decision is a powerful statement from MEPs that the current Council text, and the logjam of concern it has caused, is simply not a sustainable way forward. It is now up to the Commission to submit a new, or the same, proposal to the Parliament. Parliament will then hold a new first reading, this time under the guidance of Michel Rocard MEP as rapporteur.
The European Commissioner for the Internal Market, Charlie McCreevy, had in the morning assured the JURI Committee that the Council would finally adopt its beleaguered Common Position text. He announced that "the Luxembourg Presidency has now received written assurances concerning the re-instatement of this issue as an A point at a forthcoming Council". Given that A points are to be adopted without discussion, this left no possibilities for renewed negotiations in the Council. Apparently, the Members of Parliament concluded that a restart was the best solution.
Former french prime minister Michel Rocard MEP, PES (FR/PS), gave a very strong speech at the meeting with the Commissioner. Apart from noting several "inelegancies" by the Commission, such as not taking into account any of the Parliament's substantive amendments in its recommendation to the Council, he also took issue with the Dutch and German governments ignoring their respective parliaments and the attempted ratifications of the political (dis)agreement at several fishery Council meetings. He furthermore mentioned that at a meeting with the Polish government, the industry players had confirmed that the Council text allowed pure software patents, and he wondered how the Commission could continue claiming the reverse. He was also curious about how the Commission's perfectly tautological definition of the concept "technical" could help in any way to distinguish between what is patentable and what is not.
Despite his own abstention when voting on the restart later that day, the fact that almost everyone else supported it is probably his personal achievement.
The Commissioner made clear that "any agreement will need to strike a fair balance between different interests", and that "a constructive dialogue between the Council and Parliament will be vital for an agreement". He does have the option to deny a new first reading. But given the strength of feeling in the Parliament and the concerns of so many member states in the Council, the Parliament request looks like the best way to achieve a clean way forward for this Directive that everyone has been looking for.
Comments
Jonas Maebe, board member of FFII:
The Commissioner can jumpstart the constructive dialogue by submitting
a new and more balanced proposal to the European Parliament this time. By
taking into account the countless new facts that have surfaced since the
start of this procedure in 2002, the Commission has a great opportunity to
reinvigorate the Lisbon strategy.
Dieter Van Uytvanck, president FFII Belgium:
We owe this victory for democracy to the members of the European
parliament. Today they have shown once again that they really care
about the concerns of the European citizens. And of course we would
like to thank those as well. I'm sure that without their impressive
support for an innovative climate that is freed of software patents,
this step would not have been possible.
André Rebentisch, FFII Media
The Commissioner was not prepared to take blame for Bolkestein's policy.
Charlie McCreevy is a very straightforward Irish politician.
But unfortunately he adopted a pathetic phrase style. Today at JURI
he 'read poems' while JURI members
Rule 55 is not Catch 22 (Score:5, Informative)
Well, Rule 55 [eu.int] is the parliamentary equivalent of rebooting.
So, you could say the current status of the patent initiative is like BSOD.
But who knows what will happen next time around?
Not dead! (Score:5, Informative)
The patent lobby has not given up. The process will now be restarted and they will try with any means possible to get their way. Fortunately, awareness is rising. Politicians begin to understand that not only big companies and patent lawyers are interested in whether software can be patented. And some of the FUD and lies from the patent lobby is beginning to be exposed. So there is hope for the future.
But the battle is not over yet! PLEASE write your politician and support ffii.org. Now you can make a difference.
InfoWorld article in English (Score:5, Informative)
This is great news!
Re:Reassuring (Score:5, Informative)
Re:It will come (Score:5, Informative)
With this kind of definition of a technical effect almost anything becomes patentable. It has not been tested in court though. But we do already have thousands of software patents approved in the EU. This would just have put an official approval on the whole buisness.
Not having it go through will still leave all software patents where they are, but it will also give us a better chance to fight them off.
Article translated to English w/Google (Score:5, Informative)
The co-ordinators of the responsible legal committee of the European Union parliament approximately set the switches this evening in the procedure around the planned guideline over the patenting barness of " computer-implemented inventions" seriously to restart. "we decided practically unanimously with only two abstentions that our president explained at the commission a Rekonsultation requested", to SPE Koordinatorin Maria Berger after the approximately three-hour meeting opposite heise on-line. As soon as parliament president Josep Borrell Fontelles follows that urge of the legal committee, the commission is requested to be concerned again with the guideline. Concretely the commission is to send their original guideline suggestion either again to the European Union parliament or submit a new.
Thus the legislation way was walked on completely from the front. The delegates support themselves by article 55 of the agenda of the European parliament. It plans a renewed fundamental concerning of the delegates with a guideline suggestion among other things, if the kind of the treated problem changes "crucially" or the parliament assembles again after definition of its point of view by elections. Appropriate requests had placed a group of 61 delegates as well as the Greens.
The legal committee had looked for Charlie McCreevy in the afternoon first together with domestic market commissioner for ways out of the muddled situation. The Irish had called recently the verabschiedung of the legislation still pending "key measure" for the stimulation of innovation and competition . With the meeting McCreevy spoke now of a "delicate affair". The of Luxembourg council presidency received in the meantime written promises for the Abnicken of the position of the Minister committee without further discussion during one of the next meetings. Naturally however a "constructional dialogue" is necessary between advice and parliament for the reaching of an agreement. In the question, whether the commission desire after a new start will follow, it did not want to commit itself. It stressed that "all options were open". At the same time he said the fact that the guideline was actually important since to a "considerable juridical insecurity" leads everything else.
The European Union advice is guessed/advised with its in May negotiated position into a dead end, since this limits the patenting barness of computer programs in the opinion of countries such as Poland not sufficiently . The government of the new entry country prevented therefore the Abnicken of the point of view of the Minister committee already several times . In addition, Denmark blocked past week the official verabschiedung of the advice position again
Hartmut Pilch, executive committee of the promotion association for a free Informationelle infrastructure ( FFII ), made opposite heise on-line clear that he is for a revision of the advice position by the Minister committee. If the advice should not change its attitude however, the way for a restart, hit now, is the secondarybest solution. The Austrian Berger is pleased in particular that "we brought back movement into the thing. We must come in the long run to a legislation, which is closer at the point of view of the parliament than at the advice position ". The European Union delegates had in September 2004 in 1. Reading a guideline version submitted, which would put a latch plate for software patents forward . Also for their land woman, the Green EH Lichtenberger, is the current "courageous" initiative of the committee "a good beginning, but not yet the lucky end in the question of patenting of software."
The parliament correspondent for the guideline, the French socialist and ex Prime Minister Michel Rocard, expressed themselves however against a restart. He fears that the changes from the 1. Reading so to be lost could come and in particular a guideline still more harmful for the middle class or the procedure completely adjust could. Also Piia Noora Kauppi, Schattenberichterstatterin for the people's party, had first doubts about a renewed 1. Reading expressed. In the long run it gave in however, since there is in its opinion momentarily no other way out.
In italian (Score:3, Informative)
http://www.monicafrassoni.it/detail.php?id=771#
Re:Opportunity for informed debate (Score:3, Informative)
Comment removed (Score:4, Informative)
Re:I'm wondering what this says about the EU itsel (Score:5, Informative)
by and large what you say is right, but you're wrong that the EU cannot legislate directly into national law. (and yes, I am a European lawyer)
The EU can issue three types of legislation: regulations, decisions and directives. The first two are "directly effective", meaning that they automatically become part of national law. A directive is meant to be implemented by the national parliament before it takes effect in national law, but if the national parliament fails to do so, then the directive itself can take direct effect and be enforced through the national courts.
You're also wrong in saying that "there is nothing in principle stopping a national parliament from refusing to accept a new EU law". One of the fundamental concepts of EU law is its supremacy over national law.
The legislative process in the EU is basically that the commission (the executive) has to propose legislation, which can then be adopted by the Council (the legislature). The Parliament is also part of the legislature but has fairly limited powers - hence why it has taken so long for its repeated rejection of the software patent directive to get anywhere.
Poland no longer opposes patents (Score:3, Informative)
As I understand it, aby hope now lies in the EU Parliament.
Details (in Polish) here:
http://wiadomosci.gazeta.pl/wiadomosci/1,5
Re:Opportunity for informed debate (Score:3, Informative)
Please don't misunderstand me. I am not claiming that physical property and "intellectual property" are equivalent concepts; clearly they differ in many significant ways, including those you mentioned.
However, they are both equally artificial. The default state for physical property is that the most powerful person takes what he or she wants, and the least powerful gets what's left. To take up your own example of territory, many animals will mark out territory as a warning, but they will defend it, forcibly if necessary. Some animals, including humans, develop social contract where the concept of ownership is respected without resorting to violence, but this is an evolutionary step, not the starting point.
I believe it is also a mistake to claim IP laws treat information as if it were physical property. No IP law does that, whether copyright, patents, trademarks or whatever. There is no "fair use" exemption to theft if I borrow your car while you didn't need it and return it undamaged, for example. However, it is in society's interests to guarantee certain property-like rights to a copyright holder in order to promote development of new material, and that is what these laws are for.
Re:Opportunity for informed debate (Score:3, Informative)
It's no more special than any other law, and it's there for exactly the same reason: overall, it is helpful to society.
Please see my reply to the post above yours: you don't have any rights with that real, physical property without the law either.
Your alternative plan where society collectively funds developments is interesting, but I fear you may have massively underestimated how much of today's economy depends on the copyright mechanism.