EU Parliament Demands Fresh Start for Patent Directive 188
ravenII writes "Members of the European Parliament from countries including Germany, Italy, the Netherlands, Poland and Sweden have asked for the software patent directive to be redone from scratch, according to a report on Monday."
First Thought (Score:2, Interesting)
Why reinitiate the debate (Score:2)
Re:Why reinitiate the debate (Score:2)
Re:First Thought (Score:2)
We (freedom-loving people) didn't win, we merely took the item off the immediate agenda, which will hopefully delay them for a few months. The only way to permanently stop software patents is to rewrite the directive, make it totally toothless, make it go through a thousand committees, and hopefully make sure it gets lost in some euroc
Re:First Thought (Score:2)
Because the patent lobby actually does have one thing right; the current status of the EPO granting dubiously enforcable software patents is not acceptable. The directive needs to put a stake through the heart of that abhorrent practice.
Re:First Thought (Score:5, Informative)
While I am glad that software patents have been thwarted in Europe -- hopefully for good -- I do wonder if that kind of motion will be broadly used to set back other controversial, but less pernicious, kinds of legislation.
Because they still have a job to do (Score:2)
I think you forgot what this was all originally about. The EU was supposed to put together a directive to harmonise the different patent systems. This was necessary and useful!
It wasn't supposed to be about making software patents legal by changing member states patent law. That was the influence of lobbyists.
Re:First Thought (Score:2)
Re:First Thought (Score:2)
"Damn, we already promised the big business that they'd get their patents. Lets retry."
Patent machinery (Score:5, Interesting)
Re:Patent machinery (Score:3, Informative)
Your sentiment, while popular, only makes it EASIER for corporations to dominate the patent arena, since they have the capital to actually create these things.
Re:Patent machinery (Score:2)
I would take a bank loan, ask my family and friends, max out my credit cards, talk to a VC if worst comes to worst... A capitalist economy has many people willing to give money to a GREAT REVOLUTIONARY startup. You just have to find them, and give a convincing presentation.
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:5, Interesting)
From where I stand, its not doing that. Not even close. I'm working with a startup, and we thought about patenting our software, and the first thing we did was run into someone else who has patented something similar (the only difference is that their patent calls for two databases to do what we can do with one database and logic). Having spent more than it would have cost to file a patent ourselves on a lawyer, search, and the reactive scramble, we decided it wasn't worth it.
Even as it is, externally our program shows no difference at all to the patented algorithm, since it does essentially the same thing in an internally different way. Eventually we'll probably be sued, and millions of dollars in fees and legal expenses later, finally convince a jury that no, two databases are not the same as one database and a handful of user-supplied rules. And thats if we're not forced to open our codebase to our competitor, after which we'd pretty much be dead. It'd be what, two days? a week? Before they update their software with new rule-based operation that they just "thought of" and we'd never be able to prove they stole.
Re:Patent machinery (Score:2)
Now assuming you are correct, and thusly the patent system is flawed - does not mean it should be decimated into nothing. It means that the patent system needs to be revamped. More qualified personnel need to work in the software division of the patent office, etc.
It really isn't that hard of a concept to grasp.
On a side note, why not prove to the patent office (there has gotta be someone in there
Re:Patent machinery (Score:4, Insightful)
In other words, feed the system more by having someone write the patent and file it and adding yet another patent to the pile?
My preferred solution is to require:
1) software patents that expire within the usual software life cycle (of about 4-8 years)
2) require some form of structured pseudocode that clearly describes the process being claimed
3) Similar to a Design patent, only one process can be claimed per patent, none of this "The system in 1, 3 and 8343 whereby the operator is eating a peanut butter and jelly sandwitch while entering data with his/her left pinky" that plagues the system now.
4) Titles and abstracts will be written by the reviewer to accurately describe what is being patented, NOT the misleading gibberish and shoutoutz that show up in the patents these days.
5) 2+4 require more qualified personnel as you say.
6) In the absense of 3, date each claim individually to prevent submarine patents (real ones, not the "zomg you sued us from nowhere" we hear about often here) where people claim a flagrantly invalid process just to get a starting date, and then bounce the patent against the patent office repeatedly while adding new (sometimes their own, often other peoples') innovations to the claims, resulting in a patent that may expire sooner, but for which all prior art must beat the original filing deadline, even if it had been in use a whole year before the actual claim had been added.
7) Better beats older. If you invent a sort process that sorts in O(n log (n/2)), and patent it, and I read the patent and see that by changing a line in your pseudocode it becomes O(n), I win. People who wish to use my O(n) patent come to me for licensing, even though your patent may have been heavily used. People who only want to use O(n log (n/2)) can go to you for your silly patent, but you have no right to challenge mine for one-upping you.
Of course, eliminating the "business method" patent that software uses now would be the far superior model. Businesses ran fine for over 200 years (Ending in 1998 with the State Street case) here in the US without patenting their "methods", and even longer in Europe.
Re:Patent machinery (Score:2)
Sorry, your thought process on this matter is over-simplistic. There
Re:Patent machinery (Score:5, Interesting)
Of course, in the case of software, if you have a GREAT idea for some REVOLUTIONARY program, you'll get sued for violating several hundred different patents, losing the savings and venture capital you'd managed to scrape up, and driven to living on the streets in personal bankrupcy before you've finished your first thousand lines of code.
Personally I'd rather have the legal right to invent without getting sued than the right to sue without inventing.
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
SHARE THE WISDOM, COMRADE!
Re:Patent machinery (Score:5, Insightful)
If you have a great and revolutionary product that might infringe on someone elses code - you just need to prove that yours is different OR get sued.
What enforces the OR? Nothing but the high moral character of the potential plaintiff. That is to say nothing at all. You will need to prove that yours is different, but you'll have to do that in court while your capital bleeds away in legal fees. Keep in mind, the plaintiff doesn't have to prove their case to win, they just have to drag the case out until you can't afford to defend yourself anymore.
Your only hope is to make sure that the plaintiff/extortionist can buy you off a lot cheaper than they can plow you into the ground.
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
So what your saying is that the problems is with the litigation process? Well obviously because our litigation is flawed we should remove other laws.
To an extent, that's what I am saying.
More fully though, what I am saying is that as long as the litigation process makes the cure worse than the disease, we're better off without it. The case of patent protection meets the criterion. We should indeed remove laws whose enforcement is either impossable or creates more problems than it solves.
The problem
Re:Patent machinery (Score:5, Insightful)
Reading this I wonder wether you actually have ever programmed over a couple lines, or even ever invented anything worth patenting. Give another 10.000 people the same problem, and someone is bound to come up with the same idea you had - or better. And if you have a patent on a worse version of their idea, they won't be able to patent it, due to some douchbag w/o the amount of brain required to finish an idea.
As an example, there's one form of Maglev devices which is far better than what we have running, that has never seen production, because the owners of the patent charge too much for it. Even though they never did anything useful with it, noone can build something even similar - by releasing their patent they infact "poluted" the world by locking in an idea.
Re:Patent machinery (Score:2, Interesting)
I write plenty of code but that has nothing to do with the argument.
Our society subscribes
Re:Patent machinery (Score:2)
Sounds like the Microsoft way of doing business for, oh, the last twenty years. Seems to work just fine in both the U.S. and Europe.
lets just get rid of a pretty useful law that has been serving us for over a hundred years.
In America we already have. This is the sum total of the Constitutional charge concerning copyright:
"To promote the Progr
Re:Patent machinery (Score:3, Insightful)
My problem with software patents is non-triviality - and the fact that ideas are usually building blocks, not final structures. If you put monetary barriers in the building blocks, then you are reducing the possibilities of society as a whole to produce new ideas and new technologies.
Re:Patent machinery (Score:2)
A single software product can contain hundreds of patented ideas. The fact that you've got one different one that you think is new in your program doesnt change the fact that you're violating those hundred other patents, and any single one of the owners of those patents can take your entire profit, or, if your product makes their product inferior, prevent yo
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
Again, then the fault resides with our litigation process. Just like the patent process has its issues. Well since the patent process has issues, and people want to have it abolished maybe we should do the same for our litigation process since it has problems. You know, god forbid we try and fix whats broken.
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
If my idea was so complex that it couldn't be immediately realized (in other words, if I only had a theory of something) I would write it down and would copyright it.
Re:Patent machinery (Score:3, Informative)
Re:Patent machinery (Score:5, Insightful)
True. The difference between a world with ideas/software patentable and a patent-free world is only this: in the case of the former, your idea is already stolen before you even come up with it.
To put it differently: you come up with an idea you have no means to implement at the moment. Should you be granted a patent for your idea? Because if you should, than I have lots of ideas, which, if I had the means, I would patent asap. Are these great ideas? Maybe some of them... Do I have to prove that they are? (proof is in the pudding - or rather, the implementation!). I just have to wait until someone builds a gadget that is based on my ideas (more or less) and then... sue! Yes, that would be great.
Actually, as I said, I don't have the money to patent my ideas. But [insert_name_of_random_corporation_here] has. And what these usually do is that they patent ideas as fast as they can. It doesn't matter if these ideas are great or not. If you patent 1000 ideas each year (I use ideas here in a very broad sense) there is a good chance that at least a few of them would be great ideas. And because they are great ideas, it is very likely that someone else would think about it, who instead of using the patent system as a lottery (and spend his/her money in patenting the idea), would build the thing. And because someone, who didn't bother to try to implement it patented it first, this inventor (of not just great ideas) would find himself in the court room.
Of course, this is just an example - a little bit exaggerated (or is it? we have seen these things before) but still it shows quite nicely how easily a patent system could be abused. And it WILL be abused, because there is no way you can filter all the patents that are applied for in the patent office. Also, if you are so brilliant as to think up the idea of The SuperGadget - you will have to work to get it built/implemented. If you come up with an idea of something that there is no way you can implement, than you are not that brilliant.
Re:Patent machinery (Score:3, Insightful)
From what 'Ms. Lohan' said, this is the proposal: If you can draw a plan, that's concrete, take a patent on the design. What we don't want to see is someone patenting the idea of squirting water into the air from a fish tank and recovering it to oxygenate the tank. Make a specific device and patent that. What we have in software is currently parallel to patenting the design of a 'car' instead of, say a 'honda civic'. When you write a s
Re:Patent machinery (Score:3, Informative)
So the Software Car is your 3d rendering engine, the specific car (your Honda) is the specific 3d rendering
stealing not required (Score:5, Insightful)
That's not true. You can sue him just because you feel like it. You can win if his lawyer thinks there's some possibility a court might decide that your patent claims cover his software, or if he thinks the legal costs wouldn't be worth it.
You can probably win more damages if you can prove he was aware of your patent, but by no means does he need to steal your code, or even be aware of its existence, for you to sue him.
Re:stealing not required (Score:2)
Again, the problem then resides with our litigation system.
Yes I realize that people can sue for pretty much anything (a shame really) but short of the absurd (and yes the world is full of them) a person needs to have a substantial reason to sue.
Re:Patent machinery (Score:2, Informative)
If his code was stolen from you, you could sue him for copyright infringement.
Patents have nothing to do with that situation at all.
Re:Patent machinery (Score:5, Insightful)
"Copyrights" should really have been called something like "distribution and performance rights", but back in the day, you enforced this by limiting the ability to copy. Now there are no physical barriers to copying so the word is odd. What "copyrights" are intended to do is this: make sure that the people who originate a work of art are the only ones with the right to obtain compensation for the distribution of that art. I'm not even sure how 'performance' fits in, because there are some folks that maybe wrote a song but couldn't sing, but other folks will go see someone else who sings it better - so are the people paying for the song or the performance of the song? It's not clear what the correct distinction should be.
Patents were slightly different - they were originally around so that the garage inventor would be protected from the giant corporation (at least, I hope that's the original intent!). Think about it: if you're a big corporation, you don't need to be "protected" from people stealing your idea because you can build and market it. If you're a small operation, you have to work hard to get resources to develop. The patent protected that period of time so that a rich entity didn't come along and beat you to market using your idea. Now only big entities can easily get patents, and they don't so much use them to be first to market but to keep others out of the market. The intent of a patent should be "development protection" rather than "market protection" (we all know that artificial barriers in the market are inherently Bad). Giant companies hardly need development protection, and the only reason they want "market protection" is to cover their incompetencies (yes, I know the truth is hard to swallow) at adapting to changing markets.
So, my proposals to revamp the whole system would be to come up with a new system of "distribution rights", "performance rights", and "development protection" with appropriate, thoughtful definitions for each of those (to distinguish what customers want as in the example of the writer and singer that I gave above). What we need to keep in mind is that the people that deserve the "protection" from these laws is not the big businesses (publishers, manufacturers, etc.) but the people that generate the thigns of value - the artists, the engineers, the performers. After all, you will always have artists and engineers independently of the means of getting their ideas out to the masses; the current trend in "intellectual property" seems to miss this.
Re:Patent machinery (Score:3, Informative)
Not quite. The original reason behind patents was to keep innovation from being kept secret, the idea being that if innovations are out in the open, others can build upon those innovations and advance the technology.
The deal made was that if you are willing to share your innovation with the public, then congress would gra
Re:Patent machinery (Score:3, Insightful)
Re:Patent machinery (Score:2)
Actually, trade secrets ARE legally protected, and people have gone to jail for misappopriating trade secrets -- but the burden is on the secret-keeper to actually keep it secret and to prove to the court that it is deserving of protection...
"Having a monopoly in exchange for public disclosure only encourages innovation where people can base things on that disclosed invention without having to b
Re:Patent machinery (Score:2)
I'm fairly certain that it was also used to identify those w
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
I agree with more of your comments than the average /. post on this topic, but it's really retarded to talk about anything not purely IT related on Slashdot. I'm not trying to single you out, but the amount of stuff that I read that's _just_plain_wrong_ is astonishing.
By the way, a lack of artifical barriers in the market is what makes human trafficking, prostitution, and loan sharking possib
Re:I'm not sure... (Score:2)
What does a nickname have to do with the opinions expressed in a post?
When the idea of patents originally came about there really wasn't much else to patent [besides machinery and other tangible objects].
And these tangible objects were based on what? Oh, that's right, an idea. Please recall the purpose of patents is for the long-term benefit of society and the short-term benefit of inventors
Re:I'm not sure... (Score:2)
As others have mentioned before, software is just a combination of mathematics and creativity, and neither thing is patentable in and of itself. Patents are for particular implementations of an idea, not the idea itself.
Just because it is not tangible does not make it invalid for patents. What is the obessesion with patents needing to have a tangible state? That is so short sighted.
Ford patented a car not the idea of a ca
Re:I'm not sure... (Score:2)
To give a more clear example: Amazon patented the *idea* of one-click online shopping, not a particular implementation of one-click shopping. So, if you want to implement something that is covered by Amazon's patent, you need to purchase a license first.
I fail to see how such policy is good for business. Cer
Re:I'm not sure... (Score:2)
So does Amazon have a process behind their one-click? Ignoring the fact that there is prior art.
Re:I'm not sure... (Score:2)
Thouhg I do disagree with the "buying in one click" because a number of people here did post links showing that Amazon was not the first to utilize the process. As long as there is a process involved, it should be allowed to be patented. Saying "I want to patent warp drives" is cute, but unless you have the actual process showing what you a
Re:Patent machinery (Score:5, Insightful)
The de jure situation in the U.S.: If someone were to submit a patent application for "Hamlet rendered in ink on paper", the patent could not be rejected only on the grounds of the literature not being statutory material for a patent (test 1). Because the ink and paper are statutory, you have to move on to tests 2 and 3, novelty and non-obviousness. Neither the ink nor the paper is novel. Nor are the ink, paper and literature combined into a whole in a novel way. Novelty in the literature doesn't count because it's not statutory. The patent is invalid based on non-novelty. This is the Diehr test, and software that essentially patents an algorithm for a general-purpose digital computer is invalid under this test.
The de facto situation in the U.S.: The USPTO gets paid according to how many applications they accept, so they are going to read the law in such a way as to be able to accept as many applications as possible. That means software patents generally get granted, and the burden of proof is on the victim to show that the patent should have been rejected.
Re:Patent machinery (Score:3, Interesting)
Re:Patent machinery (Score:2)
Re:Patent machinery (Score:2)
That this is moderated insightful is unquestionable proof that these types of discussions on Slashdot are completely worthless.
The USPTO does not interpret la
USPTO vs judiciary (Score:2)
Re:USPTO vs judiciary (Score:2)
And to think that thousands of people go to law school for YEARS and yet YOU have expertise they lack! Holy cow, you have a career filled with power and fat lobbyist bankrolls waiting for you in IP law.
Alternatively, you're maybe not the I
USPTO fees (Score:2)
Bush will be happy ... (Score:5, Funny)
Re:Bush will be happy ... (Score:5, Informative)
Yes, and it's not too late to show your gratitude either by adding your signature and any comments to the "Thank Poland" [thankpoland.info] letter. People on Slashdot so often advise writing letters to bureaucrats in order to complain, it's nice to able able to thank them for getting it right once in a while.
Good or Bad News? (Score:3)
While this is a valid reason, and I agree that the directive should be restarted, I wonder if this is good news or bad news for those opposing software patents. Many of the new member states are new to capitalism and have more extreme capitalist views than the old members. This might slant the debate in favor of software patents.
Considering that the EP originally voted largely against software patents, I think a restart will rather increase the chances for US-style software patents in Europe.
patents vs capitalism (Score:5, Insightful)
Re:patents vs capitalism (Score:2)
US-like views (Score:3, Informative)
Re:Good or Bad News? (Score:2, Interesting)
Poland is one of the new memberstates and it is also new to capitalism. Still it has been one of the countries agaist(to my understanding) software patens.
New eastern memberstates don't have any signifiend software industry at the moment, so they would lose their change to enter the market if patents would be allowed at this moment. Their view might change after IT industry gets bigger in there
What US Should do (Score:4, Insightful)
Groups of invididuals? (Score:3, Interesting)
See bold text for contradiction.
"An entire corporation is too big and too financially strong of an entity to own a patent."
The overwhelming majority of corporations are very small, and many are weak and failing.
Re:Groups of invididuals? (Score:2)
Re:Groups of invididuals? (Score:2)
Corporations should never have been given rights. They are not peo
Re:What US Should do (Score:2)
Re:What US Should do (Score:2)
We need that to be overturned before anything else.
Re:What US Should do (Score:4, Funny)
Re:What US Should do (Score:2)
software patents vs. patent system as a whole (Score:3, Interesting)
Fantastic (Score:3, Interesting)
Good game, we lost see you next round.. erm wait sorry someone patented rounds, we can't use that either.
how important is the patent question to them ? (Score:2, Interesting)
The lesson I learned.. (Score:5, Interesting)
Now if only we (as in we, the people) could get more direct say in EU minister appointments, or resignments.. we would not have to go through all this absurdian EU counsil of minister elbow politics.
We should look at the US.. some things clearly work better there, and some things do not. Much local power for example.. good idea. Big Money and politics.. bad idea.
Re:The lesson I learned.. (Score:3, Insightful)
You do. They're the same ministers that you vote into your own countries government.
The same ones who commonly use "the EU" as a scapegoat for what they themselves push through in the council of ministers.
The 'local powers', in this case, are not on the side of the voters.
Re:The lesson I learned.. (Score:2)
Huh? I have yet to hear of a country where ministers are directly elected by voters. Usually people vote for the members of parliament, which then decides balance of power between parties those MPs are members of, which is the basis for goverment... but the government is generally composed by the parties (ie. collectively by groups of MPs), and this level of indirection means that ministers are rather more independent o
Re:The lesson I learned.. (Score:2)
Re:The lesson I learned.. (Score:2)
I agree.
To put it a different way, voters cannot know when they vote for individual MPs which ministers will be appointed to the EU Council, nor the policies which will be represented by those ministers.
If voters dislike a bad EU minister, they may be able to vote that minister out of office, but they have no way to prevent another minister with similar policies being given the same appointment - a consequence of the diversity of MPs.
This means that the policies represented by the EU minister at any g
let's patent recipes too!!! (Score:4, Funny)
Re:Patents are recipes in the chemical industry (Score:2)
1) a way for an individual or company to have time to benefit from the *investment* they put in inventing something
2) limiting this time frame so that innovation could still take place in society.
Today's patents server 2) 99% of the time as most patents are ridiculous and stiffle innovation.
Now take the recipe for a sandwhich, you take two pieces of bread, some spread and a piece of meat and you have yourself a sandwhich. Did it
another good read (Score:2, Informative)
Re:another good read (Score:3, Informative)
UK conspicuously unmentioned... (Score:2)
I wrote to my MEP about the fisheries-meeting shenanigans, but heard nothing back - did any other Brit
Re:UK conspicuously unmentioned... (Score:2)
It was a very patronising "we don't think it will pass and even if it does, we're happy with the wording". Completely ignored my points.
Now I think of it I've written to politicians on a number of occasions, generally to express a point of view different to the party line, and I've had a similar response to that every time. Kind of makes me wonder what my tax goes on because it's certainly not representation.
Re:UK conspicuously unmentioned... (Score:2)
Re:UK conspicuously unmentioned... (Score:2, Interesting)
The reply from his secretary starts with:
"I refer to your recent email to Chris Huhne MEP. I am his senior advisor and he has asked me to reply on his behalf.
I am sorry this is a very long reply, but I hope you will get through it all. This is necessary for a full understanding because I am afraid that most of the reporting about what this legislation covers is very wrong. It is not quite clear why there is such a belief that it is intended to lead Europe
Re:UK conspicuously unmentioned... (Score:2)
If you could scan or transcribe the letter, and send it to j.heald (at) ffii.org.uk, it would be really useful to identify exactly whose briefings Chris Huhne's assistant is basing her reply on.
Thank you a lot if you could do this.
Perspective Is Needed (Score:2, Interesting)
1. The number of tasks that can exist in the world is infinite.
2. The population of minds to solve said tasks is finite.
3. QED, the set of solutions is finite.
Therefore, patents should not exist.
If the set of solutions is finite, it is only a matter of time before elements are repeated.
"There is nothing new under the sun."
Patents and Small and Medium Sized Businesses (Score:4, Insightful)
People are finally getting it: small and medium-sized businesses won't be able to produce software products and services if the patent directive is initiated. IBM holds 40,000 patents, any one of which can be used against a small company, essentially bankrupting them. Microsoft is in a similar position. Amazing that Europeans are seeing the light.
one of the few rare moments.... (Score:2)
What part of 'NO'? (Score:2, Insightful)
Grassroots (Score:3, Interesting)
Anyway....
Are there any US Representatives or Senators who have USPTO reform and the elimination of software patents on their agendas? Are there any who support the OSS and/or Free Software movements? Is there a process by which individual US citizens can file prior art claims against patents (either in the application stage or after granting them) without spending a god-awful amount of money on legal representation, and if so, how does that process work? Are there any industry players (other than Linus and others in the Free Software arena) who have come out as supporting the elimination of software patents?
I guess, in total, I'm asking this: is my time/effort/money better spent as an individual citizen on this issue, or should I just give my dollars to the EFF and let them fight on my behalf?
EU patents a bad thing (Score:3, Interesting)
Re:EU patents a bad thing (Score:2)
If only there were some way to give journalists and editors a taste of life under a regime of literature patents and "pen and paper implemented inve
trying again to do wrong... hmmm.. (Score:2)
Here's a thought as to why they don't yet get it (nobody wants to tell them why its really not patentable.)
In regards to dealing with increased complexity in software MS has their longhorn and their software factories effort, free software has its edos project, neither of which are in promotion of honesty regarding programming, or what is the application of abstraction physics.
Its really quite simple. To support the non-patentability of s
Bitlaw twists Diehr (Score:2)
Re:Bitlaw twists Diehr (Score:3, Informative)
Yes, that's what I'm saying. We have clear rulings from the Supreme Court against patents on software for general-purpose digital computers. They didn't rule on patents covering software that doesn't preempt the use of algorithms on general-purpose digital computers, and called on the legislature to clarify things, but that never happened.
The dissent in Diehr criticized the majority for not issuing a clear ruling to reiterate Benson and Flook. For my part, having read Diehr, I thought the opinion was c