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Dutch Say No to Software Patent Directive 363

Rik writes "Thursday night the Dutch parliament has decided that the Dutch government should not vote for the EU Software Patent Directive at the European Council of Ministers next week. The decision of the Dutch parliament strengthens attempts of MEPs of the European Parliament to send the Software Directive back to the drawing board."
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Dutch Say No to Software Patent Directive

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  • by metlin ( 258108 ) on Friday February 11, 2005 @04:58AM (#11639737) Journal
    ...and what incentive will you have, sir, to protect your hard-work from those who'd not hesitate to rip it off you?
  • by Radiate ( 304468 ) on Friday February 11, 2005 @05:02AM (#11639751) Journal
    I do not want to protect it. I want to share it so that mankind can benefit from my hard work.

    And I will set up a donate with PayPal link for those who want to support me.

    "...Now how do i glue the GPL onto a nuclear bomb..."

  • Re:I hate EU (Score:1, Interesting)

    by Anonymous Coward on Friday February 11, 2005 @05:07AM (#11639764)
    No shit Sherlock. It seems that only European politicians have any balls. Can you imagine US politicians not bending over before millionaires from IBM, Microsoft, etc.? I can't. But every time I read about the EU it feels like some kind of a naive science fiction utopia when the governments are actually doing their jobs working for people, not against them, like in Star Trek, except that it's not an utopia but a reality, only an ocean away from us. Will we ever have such a government in The Land Of Free?
  • by michalf ( 849657 ) on Friday February 11, 2005 @05:08AM (#11639770) Homepage
    I am glad that the patents are being moved away.

    But my doubt is: what would happen IF Polish minister Marcinski had not vetoed the patent bill in December? Was it really so close? I mean - was the majority in the EU parlament for the software patents or against them in December 2004? Why only one veto?

    best regards - michal
  • by Hamster Lover ( 558288 ) * on Friday February 11, 2005 @05:11AM (#11639779) Journal
    the convoluted European political system? Dutch Parliament, European Parliament, Council of Ministers, my head is spinning. It all sounds like some retro Soviet political wet dream.

    Anyway, the Dutch Parliament, which I assume speaks for the Dutch people, decided against software patents. OK, so why should they end up with software patents after all is said and done if the Dutch Parliament voted against them? Do the individual governments of the member states not retain their sovereignty in the EU? I realize that for the EU to function as, well, the European Union, it has to have some political will. How far does this politcal will extend?

    Just asking.
  • by R.Caley ( 126968 ) on Friday February 11, 2005 @05:29AM (#11639843)
    and what incentive will you have, sir, to protect your hard-work from those who'd not hesitate to rip it off you?

    Patent's don't protect your work, copyrights do that.

    Patents are a licence to rip off other people's work, granted by the state as an incentive for you to publish your work. There were perfectly good reasons for this at the time the system developed, but few if any of the reasons still exist.

  • by WindBourne ( 631190 ) on Friday February 11, 2005 @05:42AM (#11639894) Journal

    Actually, there are more problems with these. While you do point out acurately, that holding companies are abusing these, there is another more common abuse.

    A person will obtain a patent and then start a small company(1-5 ppl). However, a large company who watches it sees the potential and simply decides to do the same, but without paying for the patent. The small guy can not afford to take on a big company.

    Now, one of the better examples to most here is MS vs. all the small companies that they do this to. What they are counting on, is stalling it in the courts and then paying just a fraction of what it has earned them. In the mean time, they have wiped out the company or buy them at a fraction of what they would have at the height of the company.

    But they are no worse (and in fact, better) than many other medium to small. My father has a patent for a archery product. When a larger company decided that they liked it, they started manufactuering their own. When he spoke up and threatened lawsuit, the larger company simply went to all the stores where it was sold at, and stopped them from distributing his product. Since they were not a convicted monopoly, they are not watched by the feds. But they damage is there. And this goes on all the time

    Basically, the patent does not protect the little guys. The high costs of the legal system prevents any real action. But it does allow a large company to harass the little guy.

  • by Anonymous Coward on Friday February 11, 2005 @05:54AM (#11639945)
    Copyright won't protect software from the effects of patents in any meaningful way.

    Name one process software can do that can't be duplicated entirely with hardware. There isn't one.

    Now explain why the existence of software suddenly throws doubt upon the wisdom of allowing process (method) claims to be patented.

    Change the rules to exclude software from being patented and the same thing can be made to look like hardware. Inventions in some technologies (such as many types of embedded systems, communications/multiplexing, data coding, and on) have reached the point where it's common to see the statement that the invention could be made of software, firmware, hardware, or some combination of one or more of these things.

    The most prolific slashdotters on this topic will throw up their hands and compose a bold new manifesto with some self-serving stuff about how it's slowing everyone down from becoming a keyboard peripheral device as soon as possible. Blaaah!
  • Re:I hate EU (Score:2, Interesting)

    by mirko ( 198274 ) on Friday February 11, 2005 @05:58AM (#11639965) Journal
    I'm sorry but I don't think that the French political system is democratic.
    And before calling me names : I am French but I now live in Switzerland which is far more evolved than France.
    For example, provided enough people sign a petition about a given matter, there WILL be a referendum.
    Majority has to be gained by both the population AND the cantons which makes it even more secure for lowly populated areas to get their voices heard.
  • by thodu ( 530182 ) on Friday February 11, 2005 @05:59AM (#11639967)
    Here is an idea for patent reform. The person/organization that applies for a patent has to also submit evidence of the amount of resources (time and money) spent on the invention. In return, patent law, will grant them patent protection for upto 20 times the investment. Either they earn 20 times the money spent or they have protection of 20 times the number of hours spent . The number "20" is just something off the top of my head for now. Thus Jeff Bezos, after proving that it really took him all of 1 week only focussing on coming up with the 1-click process will have patent protection for 20 weeks, while a big drug company spending $1 billion on a new drug will have patent protection till it earns $20 billion on the same. If the drug company spent 4 years on developing the drug, they may also get protection for 80 years in case the $20 billion in royalties is not reached before that. In a fast changing world, 20 years of blanket patent protection for every small idea is simply too much.
  • by Barsema ( 106323 ) on Friday February 11, 2005 @06:00AM (#11639968) Homepage
    How much money should we as a society spend on getting de patent system to work? perhaps there are better ways to spend taxpayer's money to encourage inovation. (grants, sponsoring)
    Patents are a means to an end, not en end in itself.
  • by KontinMonet ( 737319 ) on Friday February 11, 2005 @06:19AM (#11640045) Homepage Journal
    The EPO makes a billion Euros a year for itself (never mind what the patent lawyers make). This might be due to volume rather than quality, of course, but I understand this is sufficient income for a well run PO.
  • Re:I hate EU (Score:1, Interesting)

    by Anonymous Coward on Friday February 11, 2005 @06:26AM (#11640064)
    "beurocratic"

    Brilliant. A new word!

    (or just bad spelling?)

    Anyway I like it.
  • by KontinMonet ( 737319 ) on Friday February 11, 2005 @06:34AM (#11640086) Homepage Journal
    But to remove the patent system entirely?

    Why not, if it's broken? Replace it with something else perhaps? An Australian govt. research project came to the conclusion that not having patents would be useful to innovation and the only reason they kept it was because of international treaty.

    Or how about the Journal of Economic Growth, 2004, vol. 9, issue 1, pages 81-123:
    "Furthermore, patents affect the allocation of R&D resources across industries, and patents can distort resources away from industries where they are most productive."

    I think the debate should be started to see whether patents are a useful mechanism or not.
  • by KontinMonet ( 737319 ) on Friday February 11, 2005 @06:39AM (#11640107) Homepage Journal
    Most people seem to agree that granting an inventor a patent for novel idea or implementation fosters innovation.

    Can you give us a link which backs up this assertion? (Preferably with good quality facts).

    All I have ever seen is this mantra repeated ad nauseam whilst I have read many articles which, with economic data, show that patents stifle innovation and distort the market.
  • by Anonymous Coward on Friday February 11, 2005 @07:18AM (#11640193)
    Talking about socialists as a single group is ridiculous. Already back in Marx' days socialist ideologies spanned the spectrum from far left to far right, to the point where Marx and Engels devoted a whole chapter in the communist manifesto to denouncing socialist ideologies they didn't agree with - from groups close to anarchism to groups supporting oppressive feudal inspired government structures.

    Personally I'm a Marxist, and hence consider the state a means of oppression which it must be the goal to dismantle as far as possible, to the point where all legislative and executive power has been devolved to communes and the state is left as a purely administrative arm of government subservient to communes.

    (For the basis for that view, I'd suggest one of the few works of Lenin I have respect for - State and the Revolution - that gives a fairly easy to read analysis of the Marxist view of the state)

    I've been part of political debates where extreme liberals trying hard to distance themselves from the left afterwards were furious at me because I dared agree with almost everything they had to say about the reduction of government...

    But I am definitively a socialist.

    Socialism and big government are not connected at the hip. European style social democracy which was a result of a reformist and bourgeois movement among "socialist" parties mainly among the wealthier segments of the European working classes starting in the 20's and 30's is consistently pro-big government.

  • by Gadzinka ( 256729 ) <rrw@hell.pl> on Friday February 11, 2005 @07:49AM (#11640291) Journal
    What's gonna happen when Council decides to ignore JURI recomendation for returning this directive to first reading? Honestly, I don't know...

    I parted /. to do some cooking for tomorrow party and some serious thinking about politics of EU, and I think I've got an answer to this question. (I think) PJ on Groklaw said, that EU came out stronger from every previous clash with other (non-democratic) European institutions.

    Anyone reading transcript from JURI meeting regarding returning swpat to first reading had to notice that MEPs were infurriated by blatant disregard to democratic procedures by Council and Presidency. Implemented technics included (but were not limited to) such tricks like moving directive as an A-item to Agriculture and Fishery commision, in last weeks of the year when all professionals went home for Christmas, and permanent representatives who were supposed to do actual voting were even personally blackmailed to not oppose last-minute addition of an A-item. All this at the time were eyes and attention of Europe were turned to Ukraine and its Orange Revolution.

    So, if Council disregards JURI recommendation, European Parliament may be infurriated enough to secure 75% majority to ammend the swpat directive in second reading. After all, no one likes to be made irrelevant, especially elected officials... ;)

    Robert

    PS This isn't even bringing the directive through the backdoor anymore. This is fucking planting by the policeman in owner's presence and disregarding video footage of said planting by the judge.
  • by DrZZ ( 138100 ) on Friday February 11, 2005 @08:44AM (#11640457)
    Pharmaceuticals: only a fractionabout 15%-20% of the extra cost paid by consumers goes back into R & D - i.e. it works but is a very inefficient incentive system.

    That metric doesn't make sense to me. Do you think a very small pharmaceutical industry that only works on a few "easy" diseases, but puts 50% back into R&D is clearly better? I think a better metric is the total R&D spending with patents vs. without. Of course any estimate of this now is just a guess because we do have patents, but I really can't see how anyone would invest without some kind of exclusivity period. By far and away the major expense of finding a drug is figuring out which one works and proving it. Who would ever invest the money to do this if the results became available for all to use?

    Th patent system works so well that huge government intervention and expenditure is needed to keep R & D spend going. The best examples are again with pharmaceuticals. In the US the FDA gives pharma companies extra incetives like those of orphan drugs, in the UK they get tax breaks.

    Those subsidies are due to the realization that drugs are very expensive to bring to market, so expensive that there are diseases which affect too few people to ever make finding a treatment economically viable. I can't see how eliminating patents would do anything except increase the number of diseases that are "orphaned".

    Globally a huge amount of R & D is carried out or funded by univerisites and Wellcome Trust

    Actually this work is fairly orthogonal to what the drug companies do, with the universities tending much more toward the R and the companies much more toward the D. Although it is beginning to change somewhat, there has been quite a reluctance in the academic community to acknowledge importance of D like activities. If you don't believe me, submit a grant that proposes medium scale synthesis, pharmacology, toxicology, or other vital components of develoment and see how the study sections trash it.

  • by Anonymous Coward on Friday February 11, 2005 @08:58AM (#11640500)
    Gay marriage and euthanasia are not very traditional. Media hype is trying to push VVD into a conservative corner so we can have American style left/right politics, which works so well to distract people from any real issues (Wilders was a complete media creation). I dont think it will work though ... I think they'd perish before giving up being liberal in the traditional sense.
  • Re:I hate EU (Score:2, Interesting)

    by Repugnant_Shit ( 263651 ) on Friday February 11, 2005 @09:27AM (#11640644)
    Go for it, but do the two-system part *the right way*. The American founders originally wanted the Senators to be elected by *state government*, not the people. This was part of their checks-and-balances system. The House of Representatives were elected by the people, to represent their interests. The Senate was elected by the governments, to represent their interests. Our current system makes both houses accountable to the fickle public.
  • by Scarblac ( 122480 ) <slashdot@gerlich.nl> on Friday February 11, 2005 @09:28AM (#11640646) Homepage

    The new system would protect the invention for 3 weeks, or until it gives $2000 (whichever comes first).

    And why exactly is that a problem? Why does such an idea deserve $18 billion?

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