Europeans Still Battling Software Patents 142
rimberg writes "The FFII in the UK is issuing an alert
for
all supporters to write
to their MPs -- this weekend .
In September the European Parliament voted for strong
restrictions on software patents. But these could be set
aside at a meeting of the EU's Competitiveness
Council of Ministers on 10 November. The ministers' meeting is to be "prepared" at a meeting of senior patent
officials from across Europe even sooner: this Thursday 23 October. Unless they can be convinced otherwise before 10 November, it is
believed that UK ministers will push for the Council to adopt a November 2002 draft
text, which is even worse than the infamous McCarthy
report. The European Parliament's rules for second reading make it
very
difficult for MEPs to fix a bad text from the Council.
The FFII says it desperately need a lot of letters to go out to MPs this weekend to tell the Government how bad the November 2002 draft is.
More information at FFII-UK."
IR35 and now patents (Score:5, Insightful)
The smaller companies will suffer when patents are phased in and it is these smaller companies that employ workers in the UK. The larger organisations are on the whole moving many jobs to countries such as India.
Re:IR35 and now patents (Score:2)
Certainly I can see a lot of the smaller companies going bust when (not if... since when have politicians made sane decisions?) this becomes law - you'll get the pacman-like behaviour that seems to be common in the US where one company comes out of nowhere, patents something bleeding obvious then goes around closing down small companies and gettng la
Re:IR35 and now patents (Score:2)
Sure IT in the US has survived, but they have Oracle, Dell, Microsoft, Sun, IBM etc.. who do we have in the UK? erm....Arm, Symbian....ICL? hardly thriving is it.
Re:IR35 and now patents (Score:1)
It doesn't help, of course, that the UK is the U.S.'s bitch, as proved by Gulf War II. But it wouldn't really matter even if that weren't the case, because all of these governments listen to large multinational corporations first and foremost. W
Re:IR35 and now patents (Score:2)
The way software is going, I think I may retrain as a plumber or a lawyer.
Re:IR35 and now patents (Score:1)
It's especially of relevance because the EU has agreed that they must especially foster the SMEs.
They are about 99.8% of a companies in Europa and provide two thirds of all employment! [cordis.lu]
As you can read on the link above, the EU started the 6th Framework Programme which includes 2,100 million for SME participation
Tell your MP how contraticory this is!
Re:IR35 and now patents (Score:2)
Example (Score:4, Informative)
Patents and Linux (Score:2)
Re:Patents and Linux (Score:4, Insightful)
We basically have Alan Cox..
Not surprising the laws are a bit biased
Re:Patents and Linux (Score:1)
I wrote my representatives, you should do so too, instead of hoping Alan gets the message across.
You _can_ make a difference.
Re:Patents and Linux (Score:2)
It's a done deal... politicians do what they want - they days that they actually listened to the people are long gone (and they wonder why voting turnout was 20%* in some constituencies.. sigh...).
(* 20% of *registered* voters. Never met anyone who's actually registered yet...)
People and politics (Score:1)
I know the situation is quite bad when it comes to people - it seems many people have become quite apolitical, they only seems to care about what they do tomorrow but simply don't care on what and who is ruling them. It' catastrophic!
Now for politicians: Of course they accept the message which the big origanisations and the patent offices and the patent lawers are telling them - if nobody is really competing with them at the same argumentative level.
That's of course a challenge to take, it's defini
Re:Patents and Linux (Score:2)
Re:Patents and Linux (Score:1)
Make sure you're the last drop that makes the cup run over.
Re:Patents and Linux (Score:2)
But I figured - what if my letter is the one.
Way I see it, you might make a difference if you write. You won't make any if you don't. Even if you don't want to vote, write "you are all bastards" and spoil the paper. At least someone from each party will read it.
Re:Patents and Linux (Score:1)
Re:Patents and Linux (Score:1)
For example in the DMCA arena, now a second EU directive is coming which criminalizes the break of copy protection(this is called the "second basket") and if we don't stop them, they'll do a third basket on DRM: DRM a must for every computer - so what is free software then?
It could be made illegal to run something which you control in the end. Full control to the Matrix.
For software, the proposal for the directive already tries to get further. For examp
Kanske inte... er maybe not completely responsive (Score:2)
But I really think this needs to be up top of the thread. The instructions on the linked pages assume you're a UK citizen. Many of us are in other european countries, and even if we aren't citizens we know and have influence with those who are. Time is short. Any help with what a Swede, a German, a French, an Italian, etc. should be doing today?
Re:Kanske inte... er maybe not completely responsi (Score:1)
Your governments will be represented at the November 10th meeting and at the preparation meeting in 4 days time. Make sure they know what you want them to do.
You should probably join the relevant mailing lists for country-specific information. They're listed here [ffii.org] along with a long list of other stuff to do.
Looks to me (Score:1, Insightful)
Re:Looks to me (Score:1)
Re:Looks to me (Score:1)
I believe too broad IP laws stifle innovation in software because it limits competiton and in a market where there are no competitors, there no more incentivie to innovate.
Too broad IP laws cause too many patents, cause low patent standards, can be summarized as patent inflation. And this is a danger to SMEs because they can't afford the patent litigation lawsuits, so they have to pay or just get bought for a cheap price.
About your argument:
The I
Re:Looks to me (Score:1)
I argue that the US has, in the past 10 to 20 years, had one of the strictest, and broadest IP rights system in the world, yet it continues to lead the world in innovation and R&D. Linux aside, and whatever your political persu
To put things straight (Score:1)
I also don't question that the US may have the largest amount of public and private R&D investment, but I don't think this was very different 10 years ago when(I assume) there was not this much difference in the interpretation of patent laws.
Some years ago, Europe was also still a big step behind the US, when thinking of the common cu
Re:To put things straight (Score:1)
many people on slashdot only look at one side of the situation, however, that patents are bad, and ignore any benefits patents might provide.
Software, Ideas and Inventions (Score:1)
Without patents in such fields, companies would have problems to justify high research and development investments if there is no confidence that they will get the invested money back because anybody would be allowed to copy the research and finally destroy the income needed to pay the research.
Ok, I give up... (Score:4, Interesting)
People get tired of the constraints being placed on them so they create their own, only to then have a persistant effort to take their choice away from them.
With technology making it easier and easier to create, you'd think the exclusive rights would get shorter and shorter, so as to re-emburse for R&D.
Re:Ok, I give up... (Score:1)
the more control over the user you have, the bigger your marketshare is.
Knoppix is a victim too (Score:2, Informative)
http://www.knoppix.org [knoppix.org] for the first time about 2 weeks ago and was greeted by bad news about European law in the works.
Re:Knoppix is a victim too -for lazy people (Score:1)
In the next few days, the European Parliament will decide about the legalisation and adoption of so-called "software patents" in Europe, which are already
used by large companies in other countries to put competitors out of business. This can lead to the termination of many software projects such as
KNOPPIX, at least within Europe, because the holders of the over 30,000 already granted "software patents" (currently without a legal foundation) can
claim e
Re:Knoppix is a victim too -patent Preview (Score:1)
Or maybe not, no doubt Preview is one of those patented technologies and I'd have to pay up.
Re:Knoppix is a victim too (Score:1)
A nice change of pace... (Score:2, Funny)
Re:A nice change of pace... (Score:2)
Re:The lesson to be learned here (Score:1)
And besides, you're wrong - we managed to get our MEPs to change their minds the first time about patents, we'll do it this time as well.
Meanwhile, back in the U.S... (Score:1)
Meanwhile, back in the U.S... (Score:3, Interesting)
Unlike the effort in Europe to actually change the law, software patents in the US are a result of the US Supreme Court's interpretations of existing law.
The US Congress played no "direct" role in the creation of software patents in the US, rather it was a series of US Supreme Court decisions (Gottschalk vs. Benson - 1972), (Parker vs. Flook - 1978), Diamond vs. Chakrabarty - 1980), and (Diamond vs. Diher - 1981) w
Re:Meanwhile, back in the U.S... (Score:3, Insightful)
I think the main problem of pro-swpat lobby in Europe is that the politicians of the European institutions who are pro-software patents, keep on repeating that they are actually against software patents, but pro patents on computer-implemented inventions [ffii.org].
This forces those people to talk only about generalities and how much t
Re:Meanwhile, back in the U.S... (Score:1)
What disinformation? The FFII is an organisation devoted to the clarification of the issues surrounding software patentability and to the refutation of the lies and fallacies used by parties with vested interests in promoting such patents in their most extreme form. It is unlikely most MEPs had ever heard of the free software movement or knew anything whatsoever about software development and patentab
Why is it so hard to write a letter *sigh* (Score:1)
Pleeese pleese pleese don't be a looser and a dork like me and send a bloody letter to your MEP.
Re:Why is it so hard to write a letter *sigh* (Score:2)
Re:Why is it so hard to write a letter *sigh* (Score:2)
Write the letter!
If you then can't be bothered to print, stamp and send it, just e-mail it.
Re:Why is it so hard to write a letter *sigh* (Score:2)
So there, it's not hard and it's not scary.
Re:Why is it so hard to write a letter *sigh* (Score:2)
Write to your MP!
Re:Why is it so hard to write a letter *sigh* (Score:2)
However, the same still holds true, many MP's hold what they term "e-surgeries" and allow you to contact them by e-mail or contact form via their website - it's just a case of finding them! I'm sure there's a list out there like exists for MEP's, anyone?
Re:Why is it so hard to write a letter *sigh* (Score:2)
We know they are corrupt (Score:2, Insightful)
Re:We know they are corrupt (Score:1)
Mmm... Maybe you should try to get a patent on that idea. Actually, something like a method of helping politicians make decisions, using a computer network in order to let a variable amount of money be transferred from an user account to the politician's one. No
Re:We know they are corrupt (Score:2)
Re:We know they are corrupt (Score:3, Insightful)
You buy some milk and you
neo-marxist? (Score:1)
"battling" software patents (Score:2)
Re:"battling" software patents (Score:1)
What you say is simply incorrect, since, in Europe, software patents are not allowed according to the European Patent Convention EPC. Article 52 of the EPC [ffii.org] quite explicitly states that computer programs are not patentable, since they are not inventions [ffii.org] in the sense that the word is used in the field of patent law.
The problem is that the European Pa
How many do they have now (Score:2)
That's the real issue.
Re:How many do they have now (Score:2)
if u want to contact MEPs about this.. (Score:1)
Re:if u want to contact MEPs about this.. (Score:1)
The EU Parliament has already voted on this and has come out firmly against software patents. The Council of Ministers, i.e. the representatives of the governments of the member states, now have the opportunity to accept that or to effectively reverse it. So it's not about power in the EU Parl
Re:if u want to contact MEPs about this.. (Score:1)
Re:if u want to contact MEPs about this.. (Score:1)
How to contact MEPs about this.. (Score:1)
and then click on "Member of European Parliament" (just under ABC).
But right now you should contact your MPs, not your MEPs.
Europe will be crushed. (Score:4, Insightful)
The poor europeans will be crushed by the suddenly vaild American software-patentes we have been creating over the last 10 years. EU firms have had no need to create patent portfolios - and will be defenselss to American lawsuits when the EU allows software patents. There will be no 'cross licensing' because EU companyines have no patents to cross license with.
Software patents are horribly evil, and if the EU is stupid enough to follow the us Americans, they will be *very* *very* sorry.
All your EU companies are now belong to IBM, MOT, and MSFT.
Re:Europe will be crushed. (Score:1)
Re:Europe will be crushed. (Score:1)
The EPO already granted a patent [ffii.org] on one of the two parts of the Amazon one-click shopping patent.
Re:Europe will be crushed. (Score:2)
Re:Europe will be crushed. (Score:1)
Re:Europe will be crushed. (Score:1)
I started programming in 1980 or 81, and I've lived in America all my life. And I don't like what I see happening with software patents. People have filed suits saying they own hotlinks, any kind of menu driven website, cookies, handshakes (in spam they call them "Challenge/Response" systems) etc. The vast majority (in fact, almost every example I've seen) should be available
Those crazy Euopeans... (Score:2)
When ever will they learn?
-Adam
Re:Those crazy Euopeans... (Score:2)
Balance and Tao (Score:1)
Re:Balance and Tao (Score:2)
OK, so then what do you do when Microsoft starts hitting you with legal action for infringing various of their patents? Even if they don't have a clear-cut case for infringement,
Re:Balance and Tao (Score:1)
Re:Balance and Tao (Score:1)
The problem is, we don't seem to have that choice. The only way I can see to stop the patent offices from granting patents for every trivial thing they feel like is to be very firm that no software may be patented at all.
The patent lawyers are constantly trying to extend their remit. Already, the European Patent Office has granted [ffii.org] about 30,000 software patents - against the sp
It's a matter of time really (Score:2)
The problem is that the USPTO, for all intensive purposes, has abdicated its responsibilities and is now just rubber s
To all non-Europeans (Score:5, Insightful)
This may be the best opportunity left for you to prevent software patents in your own country
The United States Patent Office and the Japanese Patent Office have already achieved their goal of software patents in their own countries. The European Patent Office (supported by all the European national patent offices) is the third partner in the Trilateral Commission [ffii.org], and if it is able to legalize software patents in Europe, each partner will have a very strong position of apparent international legitimacy from which to fight any backlash in their own regions.
And then, rest of the World, watch out.
Between them, these 3 regions have a massive amount of economic power, and they will push the rest of the World to follow their lead on the software patent issue. This will be done through the world trade and intellectual property organizations (WTO and WIPO), where the countries on the receiving end of this pressure will probably concede the issue, given that they have more important issues to fight about (such as farming subsidies [bbc.co.uk]). Not that they'd necessarily want to fight it, since most governments' advisers on the subject (patent lawyers) are generally strongly in favour of extensions to patentability anyway.
So, the best remaining opportunity for you to remove or prevent software patenting in your own country may be to help fight it in Europe. If you are not European, you obviously don't have any direct say in our democratic processes, but you could still give secondary support. I guess the best way would be donating your time and money to the Foundation for a Free Information Infrastructure. Here are the links:
But if you don't think it's right for outsiders to interfere in other countries' political processes, tell that to the BSA (which drafted the original directive proposal [slashdot.org]), and the US Government (which didn't like the proposed amendments [ffii.org]). And when they ignore you, come on and help the good guys.
P.S. I don't speak for the FFII, I just don't want to see software patents (generally unfair restrictions on people's right to write and distribute their own software) seriously harm computing all around the World.
P.P.S If you are an EU citizen, make sure your government knows what you want it to do at that November 10th meeting.
To all Europeans (Score:1)
The European Commission is completely undemocratic and some also say, it's corrupt(look for subsies in the articles) [slashdot.org].
The email/fax that I sent (Score:3, Informative)
Dear Anne Campbell,
A few weeks ago, I emailed you concerning software patents, with patent laws being passed in the European Parliament, and soon to be put through to UK law.
Last month, the European Parliament voted for strong restrictions upon software patents, but it is my understanding that UK ministers at the Competitiveness Council of Ministers are likely to push for the Parliament amendments to be overturned. This would be a disaster for software development within Britain.
The UK Patent Office have been lobbying for unlimited patentability, and whilst their consultation found a lot of support from patent professionals were in favour, the views of programmers were extremely hostile. Strong patent laws are not good for the industry, although they might be good for big companies: in the USA, large companies build portfolios of software patents, which creates a minefield for programmers, as every program contains steps which could be considered innovative, meaning that before long, it becomes impossible to write programs of any complexity without stepping upon some of these patents. Although these patents ultimately might not stand up in court, the fear of law and the resources of large companies means that the interests of smaller outfits and individuals are overwhelmed. This is not an efficiency, for the cost is not the natural cost of doing business, but an artificial one of compliance with the regulation.
I should add that in the USA, cross-licensing of patent portfolios is commonplace, creating government-enforced cartels, as those working for such companies don't need to worry about compliance. This is actually proof that patent laws are inefficient, since firms would rather absolve one another of their patent obligations than enforce them. An excellent case against software patents is put forward by Laura Creighton, a software venture capitalist, to be found at http://www.vrijschrift.org/swpat/030508_1/ [vrijschrift.org].
I am faxing, as well as emailing this letter because of the urgency of the issue: there is to be a series of meeting of patent officials throughout Europe on Thursday 23 October ahead of the meeting of the Competitiveness Council of Ministers.
This is a serious worry for me, and not a theoretical idealisation. Everyone that I know in the industry has told be how worried they are about what future laws we are likely to end up with. I hope that you can put the case to Stephen Timms MP, the minister for e-commerce at the DTI, and cast your vote at a future date against an excessive patent regime.
Yours sincerely,
Tim Wesson.
Re:The email/fax that I sent (spellcheck) (Score:1)
Everyone that I know in the industry has told be how worried they are
I hope I've caught you before you sent it.
Re:The email/fax that I sent (spellcheck) (Score:1)
A quick Google, and I find this old chestnut. Original author lost in the mists of time...
SPEL CHEQUER
Eye halve a speling chequer.
It came with my pea sea
It plainly marques four my revue
Miss steaks eye kin knot sea.
Eye strike a key and type a werd
And weight four it two say
Weather eye am wrong oar write
It shows me strait a weigh.
As soon as a mist ache is maid
It nose bee fore two long
And eye can put the error rite
Its rare lea ever wrong.
Eye have run this pome threw it
I am shore y
Fax your MP - I did. (Score:3, Informative)
Dear Mr David Drew,
I am writing to you to make you aware of a very real problem that will affect the computer industry in the UK. I am a technical consultant for a software division of the ********* - one of the largest IT services companies in this country. I care passionately about this industry and want to see it succeed. Unfortunately the British Government is being encouraged to promote a draft resolution concerning software patents ("Directive on the Patentability of Computer-Implemented Inventions") that will cause great harm to many companies in the UK.
As I am sure you are aware, the idea of patents is to foster innovation by encouraging individuals and companies to make public their work in exchange for certain rights (e.g., royalties obtained through licensing). While this concept works in many situations, the use of patents in computer software is damaging the IT industry by doing the exact opposite that was intended. This is the situation the United States finds itself in where software patents have been granted for several years.
The main problem with software patents is that it is extremely difficult for non-technical individuals to determine whether a patent is actually valid or whether it is either obvious or subject to prior art without a significant investment of time and resources. As you can imagine, this places a great burden on the organisation responsible for granting the patent. The US Patent Office has typically dealt with software patents by granting them and allowing any dispute to be argued in the courts. This has resulted in a climate where patent portfolios are used as negotiation tools when dealing with other companies - you can safely infringe on other companies' patents if they infringe on yours, creating a patent "stalemate". This is leading to a stiffling of innovation, especially with smaller companies without a portfolio.
On the 24th September, the European Parliament voted on a directive that included an ammendment that would prevent "a drift toward US-style patentability of pure software and business methods". Unfortunately, the European Commission are hostile to the aforementioned ammendment and are threatening to remove it. The British Government is being encouraged by the UK Patent Office to push a November 2002 draft that removes the ammendment in favour of a patent "free for all". The European Parliament's rules for second reading make it very difficult for MEPs to fix a bad text from the Council. Therefore is is imperative that the best possible text is promoted by the British Government.
If the November 2002 draft is accepted, it will have a negative impact on the IT industry in the UK. The only people to benefit from such a law would be the US IT industry that already has a huge patent portfolio and patent lawyers. Everyone else will lose.
A petition of over 288,000 names has been signed by people who work in IT in Europe and recognise the impact that software patents will have on both the industry and the economy. For more information on how widespread the concern for this issue is, please consult http://patents.eurolinux.org and http://swpat.ffii.org/
I appreciate that the issue of software patents is dry and not particularly interesting, but in the interests of the software industry in this country, I would ask for your help. Please could you bring this issue to the attention of Mr Stephen Timms, the Minister for E-Commerce at the DTI, forwarding my concerns.
Thanking you in anticipation.
Regards
Solution Direction... (Score:2)
Corrupt politicians theory (Score:2)
(For those of you in the United States who do not understand this strange word "bribe", it simply refers to the illegal exchange
What code do you own? (Score:1)
for ([number type] [variable] = [starting number]; [variable] [operator] [ending condition value]; [variable][shorthand operator])
{
// Code goes here
};
PAY UP, CHUMPS!
Re:What code do you own? (Score:1)
"C++ is one of the properties that SCO owns today and we frequently are approached by customers who wish to license C++ from us and we do charge for that." March 4 2003
Re:What code do you own? (Score:2)
Q:
It looks like Blake Stowell was talking about the compiler, not the language. The compiler is called C++.
software patents? I'm in favor of it. (Score:2)
Anyone who truly believes in all of this pie in the sky free software nonsense needs to just opt out of society. No one *cares*. You'll get no money, no grattitude, there is nothing but abuse for the creative and financial reward for the s
Re:How are other European ministers expected to vo (Score:3, Insightful)
To answer your question, Germany and France are not likely to agree with the UK position as it is laid out in the article. The EU institutions are notoriously slow-moving and since they showed what they feel on th
Re:How are other European ministers expected to vo (Score:1)
Yeah yeah whatever, the UK holds 87 seats in the EU parliament, if you think that ain't power you're sadly deluding yourself. Most EU countries listen to the UK, it's only countries like France and Germany who believe they own Europe.
Re:How are other European ministers expected to vo (Score:3, Insightful)
Re:How are other European ministers expected to vo (Score:2)
I'll readily admit I'm a newbie on how all this EU archism is supposed to work, can you explain it, or point me to a decent explanation?
I recently moved to an EU nation, and noone here seems to understand it any better than me. Do you think that this might be a problem?
How are EuropeUnion works (Score:1)
That's absolutely wrong these days!
This was right a few years ago before the Tready of Maastricht(1992), there is the co-decision procedure which changed the role of the Europarl from a consultative to decisive body which the Council of Ministers cannot ignore anymore.
This procedure has been improved with the Amsterdam Treaty from 1997.
Re:How are other European ministers expected to vo (Score:2)
Re:How are other European ministers expected to vo (Score:2)
I imagine the decision will largely be down to horse-trading. The UK government, and probably most others don't give a flying fuck about their software industries. They'll sell out their huge software industries to get a few billion more subsidies for their farmers.
Re:How are other European ministers expected to vo (Score:1)
About the sellout of the software industry: Tell it your MP, another point which he'd have for rebut.
Re:How are other European ministers expected to vo (Score:2)
Many MPs offices have a very low budget and could be a golden opportunity for spreading the word about Open Source software. I could start with mine, but I think that it may need something bigger like an "Open Source Parliamentary Group". It must be cross-party to ensure that continuity can occur after elections.
They do have some budget, so there would be opportunity for small incomes to be made, though.
People and politics (Score:1)
Normally they have not patent department, no money to split off from development effort to inance the process of getting patents, and no left to finance patent trials.
[cordis.lu]
The Summary from a study says:
- Broader patentability of software seems not desirable:
- the lower level of protection is no locational disadvantage
- companies opp
Re:How are other European ministers expected to vo (Score:2)
If people can get in with MPs by giving them support for their offices at real cut prices, there's a possibility that we can start to influence them.
Most of them know very little and are lobbied hard by large corporates who make donations to party funds. Getting the MPs to realise that there are serious alternatives to the models proposed by those companies to improve the software industry is what is required.
Power needs control and balance. (Score:1)
This is just a general opinion. Related to the software patents, the same applies.
Also: The council has not the absolute power. If the Europeanparliament is strong enough in it's opinion(like it was already in the 1st reading), it can fix or reject the whole thing again, see the picture on this page [wiki.ael.be]
Re:Can anybody explain (Score:1)
Re:What the EU needs to understand (Score:1)
Exactly!
The only difference is that while the generals in all civilized countries would also agree that it would be a seriously bad idea to let the "experts" decide instead of the democratically elected institutions, there are plenty of patent lawyers that openly argue that the field of patent law should be above the reach of the democratic process, and should be dictated by the patent lawyers them