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EU Commission Declines Patent Debate Restart 367

maxkueng writes "I just recieved an email from NoSoftwarePatents.com. They say: 'The EU Commission, under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet, has decided to decline the European Parliament's request for restarting the process on the software patent directive.' More can be read on Florian Mueller's Forum post."
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EU Commission Declines Patent Debate Restart

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  • by elhondo ( 545224 ) on Monday February 28, 2005 @05:26PM (#11807385)
    Once they're bought, they stay bought.
  • by c0l0 ( 826165 ) on Monday February 28, 2005 @05:27PM (#11807395) Homepage
    It's a sad day for those who believe democratic ideals were still governing politicians actions in the EU. A really sad day.
    • by Anonymous Coward
      I've often heard people question whether USA really is a democracy or it really is a plutocracy. Now we can start asking the same question about the EU. ... and I think the Commission have already answered.

      • by Kjella ( 173770 )
        US model:
        1. Pay fat campaign contributions
        2. Blow vast amounts of money on convincing the sheep (voters).

        EU model:
        1. Let voters choose their national government
        2. Lobby the EU beurocrats
        3. Watch the EU do whatever the hell they want, regardless of national opinion.

        So while EU might have a democratic deficit too, I don't think it is the same as the US. More like a modern aristocracy (Government by a ruling class) than a plutocracy...

        Kjella
  • by gstoddart ( 321705 ) on Monday February 28, 2005 @05:27PM (#11807396) Homepage
    Can any informed Europeans tell us why the Comission can just ignore what they've been told to do?

    It just seems really odd that when the elected groups say "game over" the other group can just say "too bad, we're doing it".
    • by Carewolf ( 581105 ) on Monday February 28, 2005 @05:32PM (#11807449) Homepage
      Because they don't think the parliament will fire them over just this, and that is the only option of sanction the European Parliament has.
      • by Anonymous Coward
        Would the upcoming European constitution make any difference in this?
        • I would really like to know what's in that constitution, as I will have to vote in favour or against the constitution the 1st of June.

          Whatever I do, my government (the Dutch) has already stated that whatever the outcome of the vote is allright: if the majority votes in favour then we win, but if the majority votes against, then we are stupid and they will protect us against ourselves by ignoring that.

          They rather like to call it referendum (interglot says this is 'plebiscite' in english, which I doubt) and
      • by cabalamat2 ( 227849 ) on Monday February 28, 2005 @08:12PM (#11808765) Homepage Journal
        Because they don't think the parliament will fire them over just this, and that is the only option of sanction the European Parliament has.

        Since the unelected European Commission insists on treating democracy with open comtempt, the European Parliament should sack them.

        • Unfortunately, the Commission is not an unelected body. They were elected by the Parliment. However, once elected they are free to give the finger to the parliment as much as they like, and the only thing the Parliment can do is sack them, which is NEVER going to happen.

          It sort of reminds me of that Discworld novel, where the only decocracy on the Disc was where people elected a new tyrant every year. Each year all of the candidates would promise to do things differently and not terrorise the populace, and
    • by c0l0 ( 826165 ) on Monday February 28, 2005 @05:34PM (#11807466) Homepage
      The European Parliament is not able to issue obligatory mandates to the EU Commission, although it's the far greater (as in numbers) cabinet, and directly elected by the EU's citizens (which the Comission is not). Just like you, I've got no clue why this is the case. Must have been some (at least partly) insane mind introducing these rules. That's one of the reasons why the EU is ill-reputed as the anti-democratic moloch it actually is.
    • by ZakMcCracken ( 753422 ) on Monday February 28, 2005 @05:58PM (#11807667)
      I think there is a misunderstanding over what exactly the European Parliament is. The group has no real political power.

      Now this isn't exactly a problem of democracy. It's just that the favored scale of democracy in Europe is national, not European. Europe is not a federation like the US, where States really have not much power compared to the federal power, for "macro" policy matters (including intellectual property).

      Thus the important decisions are always taken by mutual agreement of the governments of the countries themselves. It used to be that unanimous agreement was required, but now with the extension to more countries I think the requirement has been relaxed to a "qualified majority" for some issues.

      Getting a vote at the European Parliament brings in little more than publicity.

      The right place to petition against software patent would not be the European Parliament, whose advice gets routinely ignored anyway, but the *individual governments of each country*.

      They keep the real power, and even though they usually say "it's been decided by the Commission in Brussels" to avoid getting the heat when the shit hits the fan a few years later in each country, the truth is that *they* have been deciding it in Brussels.

      The respective place of national and European government is something that Europeans have really struggled with since the earliest days of reconstruction following WW2. Even in some States, some contend that the federal govt is taking away too much... picture what would happen if each State in the US spoke a different language and had had a distinctive political history dating back to the Middle Ages...
      • by RWerp ( 798951 ) on Monday February 28, 2005 @06:10PM (#11807770)
        Why the euroskeptics dislike the EU? Because it has too little democracy, they say. Why does it have too little democracy? Because the eurosceptics prefer to give national governments the right to decide matters over people's - and parliament's - heads. Why the euroskeptics don't wish to give those powers to the Europarliament? Because they dislike the EU...
        • by WiFiBro ( 784621 ) on Monday February 28, 2005 @06:34PM (#11808015)
          "Because they dislike the EU..."
          false.
          The history of the European Union was not an attempt to reach democracy. You can see this very clearly if you follow several decisions. You will see that the (11-person?) European Commission has the most power, and the parliament can hardly do anything, which is not the same as what you are saying: you say the EU has no decision power, but actually the EU DOES, but there is no proper democratic control.

          You may remember too that the European Union initially was not started as a democratic thing, but as an alliance between France and Germany, it had to do with the iron and coal industry or what. It was then called the European Economic Communion and the word Economic describes exactly what it was about. Back then the main lobbyists were the larger transnationals. They still are the most dexterious in getting their plans through.

          If you want to read more on the european "democracy", look for 'Trans European Network', 'patents on life' or 'Paul van Buitenen'.
      • "The right place to petition against software patent would not be the European Parliament, whose advice gets routinely ignored anyway, but the *individual governments of each country*."

        The governments of the respective countries were the entities to ask for a new start of the process. The commission is an independent body elected by the council.

        Its power to deny requests for fundamental democratic procedures is what's scaring me.

        I can't see anyone in his electorate envisioning this guy just dismissing a
        • by SenorCitizen ( 750632 ) on Monday February 28, 2005 @08:09PM (#11808750)
          The governments of the respective countries were the entities to ask for a new start of the process. The commission is an independent body elected by the council.

          No, no and no.

          The European Council consists of members of the governments of the member states. They are the ones that have to accept this directive proposal for it to become law. There are obviously countries that want the proposal to go through very badly, and some (maybe enough) that don't. The prospect of opposition is why they are afraid to reopen discussion on the proposal inside the Council.

          The Parliament asked for the restart. The Commission chose not to listen to the parliament, but instead listen to the countries on the Council who want the proposal to go through.

          The Commission is an independent body, but the members are chosen by the council and approved by the Parliament. Both the Council and the Parliament would have the power to fire the Commission(which will NOT happen, believe me), but the Parliament has no power whatsoever over the Council.

          So yes, the GP post was correct -- at this stage the *only* people to complain to are the ministers in your government. They're the ones who will make the vote when the item comes up in a Council meeting.

    • by rs79 ( 71822 ) <hostmaster@open-rsc.org> on Monday February 28, 2005 @06:11PM (#11807779) Homepage
      "Can any informed Europeans tell us why the Comission can just ignore what they've been told to do?"

      Follow the money.

      "Can any informed Europeans tell us why ICANN is so bad" [eweek.com]

      Follow the money.

      "Can any informed Europeans tell us why the US invaded Iraq"

      Follow the money.

      *this is a recording*

    • Comment removed based on user account deletion
  • by bigtallmofo ( 695287 ) on Monday February 28, 2005 @05:28PM (#11807411)
    From TFA:

    Florian Mueller, the manager of the pan-European NoSoftwarePatents.com campaign, condemned the Commission's decision in the strongest terms: "A wannabe Napoleon who heads the Commission and a Microsoft puppet that runs the DG (directorate general) in charge have decided to negate democracy. Now we call on the EU Council to demonstrate a more democratic attitude and to reopen negotiations of its Common Position at the forthcoming meeting of the Competitiveness Council on Monday (7 March)."

    It would appear the European Commission has moderated him -1 Flamebait and will be ignoring him.
  • Huh? (Score:4, Insightful)

    by Otter ( 3800 ) on Monday February 28, 2005 @05:28PM (#11807414) Journal
    The EU Commission, under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet, has decided to decline the European Parliament's request for restarting the process on the software patent directive.

    Failed to decide to decline to request to restart the process on the directive?!?

    Normally I cringe at stupid comments like "Microsoft puppet" but in this case, it was the only clue I had to unravel the rest of that tangle and conclude that this is a win for the pro-patent side.

  • by GreyWolf3000 ( 468618 ) on Monday February 28, 2005 @05:30PM (#11807427) Journal
    Perhaps our rejection of software patents over, say hardware patents, lies in how easy it is to write software and how hard it is to make hardware.

    I agree that a lot of software patents are a joke (the isNot example comes to mind)--but so are a lot of non-software patents. I think we just have a preference here because software patents "hit closer to home."

    If it were as easy to get "duh-obvious" patents in the hardware realm, the hardware world would similarly be handicapped. In my opinion, we simply need more, better-educated people working at the USPTO, as well as stricter, more consistent rules for granting patents.

    A great new idea that no one has thought of before can theoretically exist in any field, even software.

    I can see how free software is threatened (I am myself an advocate), but I fail to see how any other hobby activity is also not similarly threatened, except for, say, building remote control cars isn't as easy to "publish" than software.

    I guess my point is that the real problem is crappy patents, and they exist in every field, and they cause similar problems. Maybe there is a place for software patents that do truly contain unique and innovative ideas--or at least such a software patent would have more merit to me than a frivolous hardware patent.

    • by nattt ( 568106 ) on Monday February 28, 2005 @05:37PM (#11807496)
      You miss the point that hardware is a thing, whereas software is, in source form, a free expression of ideas, as any novel in literature is. Software embodies algorithms and algorithms are rightly not-patentable as they would limit under law the range of legal human thought.

      Software is more than adequately protected by copyright. The only good solution for software patents is no software patents. I can sort of see the point of patents on hardware, but again, they need to be quality patents or the problem is worse than the solution.
      • You miss the point that hardware is a thing, whereas software is, in source form, a free expression of ideas, as any novel in literature is.

        I don't necessarily agree with that. There are lots of patents that cover "ideas" outside of software. If I tried to patent the idea of using a separate CPU to process graphics commands back before this idea had been implemented, I might have been able to get such a patent, if the guys reviewing my application were as braindead as some of the guys who review softwa

        • That IMO would be a software patent.

          What is it that tells a particular CPU to do graphics work rather than some other sort of work? It certainly isn't hardware. It is some sort of software. Maybe the operating system, or a device driver, or some firmware stored on a rom chip on the motherboard.
    • Perhaps our rejection of software patents over, say hardware patents, lies in how easy it is to write software and how hard it is to make hardware.

      I'm not sure who "our" refers to, but historically there has been a policy that patents should be awarded for inventions, not ideas, not even really clever ideas. Software patents (and business patents) represent a backing away from that policy.

      • A friend of mine got a patent that incorporated a patent dating back to the 1860's that contained essentially the idea of using a pipe of a certain size in a certain manner for a certain task. It was definately an "idea" as it only combined components that already existed in a unique way. Of course, you could argue that all inventions are just that--so what if I combine a bubble sort, a hash table, IPC, etc?

        I agree with you, though, the patent system is getting worse in that it's allowing increasingly ob

        • Deeper problem (Score:3, Interesting)

          by grahamsz ( 150076 )
          The biggest problem i see with software patents is that companies patent the most trivial things.

          Unfortunately many companies who would otherwise only patent solid ideas, get pushed into trying to patent everything.. why? because their competitors are doing it.

          If company A has thousands of patents and company B has thousands of patents then you hit something like mutually-assured-destruction. Where it's generally impractical to sue each other since it's a virtual certainty that each is infringing on the o
    • Due Dilligence... (Score:3, Interesting)

      by Chordonblue ( 585047 )
      Perhaps companies that try to patent blatantly unpatentable things should be punished somehow - like a fine or a period of time where they can't patent anything for a while.

      This such a thing as barratry with lawyers after all.


    • It is a symptomatic geek way of thinking to believe that when things only differ quantitatively, they do not differ at all. That is so not true.

      The quantitative difference is so huge between the difficulty to make hardware and software, and between how many patents are involved in a physical device vs. a program, that it makes a qualitative difference.

      One has to consider the two "potential worlds": the one with software patents, the other without, and try to figure out which one is more desirable. The v
    • is the fact that the software ones are being looked at.

      As to needing better educated ppl at uspto, that would never solve it. You are asking that somebody has knowledge of x-over patenets as well as in the field. Since they have such a short timer per patent, it becomes unfeasable. Instead, it strikes me that we need to create a much better search engine that works on the patent itself. It would have to deal with more than just search-terms, but even that would be useful. An ideal situation is using an AI

  • Democracy? (Score:4, Insightful)

    by GeffDE ( 712146 ) on Monday February 28, 2005 @05:31PM (#11807434)
    I don't believe that the European Commission negated any sort of democracy. Before I get mugged by a bunch of open-sourcers, I must say that I completely agree with the harsh language and condemnatory tone of the article, as well as with the idea of open source. However, a democracy cannot be negated; the fact is, a democracy is a form of government where the people as a whole have the final say. That is obviously not the case, as the European Commission as a whole (and the Microsoft puppet and failed Prime Minister of Portugal specifically) was able to have the "final" say. I find it really petty when people try to get a reaction out of people by using incorrect words that have a strong connotation (like freedom, liberty, democracy) instead of using the correct terminology.
    • Re:Democracy? (Score:2, Informative)

      by codehelp ( 690583 )
      I don't believe that the European Commission negated any sort of democracy.

      The Commission is intent on ignoring the democratic will of the parliament.

      However, a democracy cannot be negated; the fact is, a democracy is a form of government where the people as a whole have the final say.

      In this case, the elected representatives of the people are being ignored and unelected ministers will have the final say - that's negating the democratic process.

      The European Commission is not directly elected - it is
      • I'll bet you didn't like the way the 2000 presidential election turned out either did you?

        First of all, there IS no true democracy. We are all 'represented'. Yeah, right. Now if you can swallow that, think about this:

        'Thwarting intent' is NOT the same as breaking the law. The Commission was empowered by the Parliament with the included bybass rule. Sure, it sucks, but the PEOPLE VOTED FOR THE SYSTEM. Just like in 2000 - the system worked. You might not have liked HOW it worked or WHO was elected, but ther
        • Did they? Please tell me when, exactly, as a European, I specifically voted to have a moderately-dictarorial-but-thankfully-not-too-mal i gnant Commission in charge? No? Perhaps you could tell me when I (a Briton) had a realistic choice between two parties, one of which wanted to sign up to Europe or remain within it, and the other of which didn't?
          The {EEC|EC|EU} happened because it was an inevitability after the war and with regard to the Soviet threat, but the organisations by which it is governed are not
        • I'll bet you didn't like the way the 2000 presidential election turned out either did you?

          I'm not an American, so I'm not sure how the US political system works. Does the US president have the power to enact laws without involving Congress in any way? If yes, I would indeed conclude that the US is not a democracy according to my understanding of a democracy. If no, your analogy is flawed.

          • There are certainly things the president can do without asking Congress about it first. BUT - those same things were authorized in advance at some point.

            Is it not democracy unless a time limit is instituted?

            • Re:Democracy? (Score:3, Informative)

              by BlueWonder ( 130989 )
              There are certainly things the president can do without asking Congress about it first.

              I didn't ask about "things", I asked about enacting laws. Note that while a EU directive is not a law, the EU member countries are required to transform it into a national law, so it has the same power as a law.

              To answer my own question: Some web searching has revealed that the US president cannot enact laws without involving Congress.

      • The problem with the accountability of the European Commission is that it is negotiated by the governments, but accepted by someone else - the Parliament. The governments take a long time in agreeing to who will be the presidents, negotiating with the man over which country will get which commission, and then the whole structure is presented to the Parliament. Now, if the Parliament finds some flaws in the Commission, which would cause a similarly flawed cabinet fail to obtain acceptance of a national parli
    • Re:Democracy? (Score:3, Insightful)

      by KontinMonet ( 737319 )
      Not only have they ignored the EP, they have ignored the EP's Conference of Presidents; the European Council; other Commissioners; the express will of at least 6 national parliaments; constant representation by, for example, the body representing SMEs (11 million businesses employing 70 million people) and any number of MEPs; the legal committee (JURI); the normal processes and procedures concerning directives; and precedent.

      It is simply the willfulness of one man (the Irish rep McCreevy peeping out of Si
  • OK (Score:5, Interesting)

    by marcello_dl ( 667940 ) on Monday February 28, 2005 @05:31PM (#11807437) Homepage Journal
    Time to send another round of complaint emails to EU... er... representatives.

    Patent laws: made for the benefit of little inventors, opposed by little inventors, pushed by big corporations. Something is quite wrong.
  • In the name (Score:4, Funny)

    by Anonymous Coward on Monday February 28, 2005 @05:31PM (#11807438)
    In the name of the Portuguese people: sorry.

    But we had to get him out of here!
  • by revery ( 456516 ) <<ten.2cac> <ta> <selrahc>> on Monday February 28, 2005 @05:32PM (#11807447) Homepage
    per the suggestion of a Microsoft puppet

    You will never replace Jim Henson, Mr. Gates... do you hear me?!?!?!! WELL, DO YOU!!?!?

    Man, first I quit taking methamphetamines, and now this... If it wasn't for my talking sofa and the giant fat men, I don't think I'd make it through some days...

    --

    I have no idea what inspired this comment.
  • Yeah, well, you try it. It's not all hanging about on the Algarve and drinking 25 year old Port, you know?

    John.
  • by Doc Ruby ( 173196 ) on Monday February 28, 2005 @05:34PM (#11807463) Homepage Journal
    This is confusing. "NoSoftwarePatents.com" wants "no software patents". The EU has stopped legislation that would have created SW patents several times. Every time the laws get stopped, the process gets restarted, and SW patents become possible again. This time, the EU has stopped the restart - which would seem to stop the patents. So why is NSP.com against it? What am I missing? Would *this* time through the process somehow explicitly produce a "no patents" law, which would stop it "once and for all"?
    • I believe (someone else correct me if I'm wrong) that without the restart, the clock doesn't STOP, it just keeps on ticking. So, if it takes (just guessing here) six months of hearings to get the patent legistlation passed, and we're three months through it right now, restart == six months before possible legislation passed, and no restart == three months before possible legislation passed.

      Hope that helps (and that it's accurate, although I obviously pulled the timeframes out of my behind)
    • Because with the lack of a restart we not only retain status quo which has software patents in obscure terms, but also means the commision can keep trying to press the legislation through as a secret A-item.
    • by peragrin ( 659227 ) on Monday February 28, 2005 @05:41PM (#11807530)
      You are right , No software patents doesn' want software patents and you don't understand either.

      It's confusing so I will screw some of this up.

      A law was propsed. It got shot down in parliment, The EC picked it up, and tried to ram it through anyway, it got shot down and sent back to the begining of the process to be rewritten. the EC ignored that and is trying to shove it through again.

      Somebody wants this law so badly they will bend and break any EU rule they can to get this software patent legistaltion through.
      • by Tough Love ( 215404 ) on Tuesday March 01, 2005 @01:48AM (#11810394)
        Somebody wants this law so badly they will bend and break any EU rule they can to get this software patent legistaltion through.

        None other than Bill Gates. There is a reason he showed up in Brussels the day before the JURI commission was to decide whether the process should be restarted or not. There is a reason that Charlie McCreevy, former head of the Commission and now self-appointed leader of the committee that decides whether to take such steps as ignore the unanimous direction of the European Parliament to restart the process, dances on the end of Bill's string. What is this reason? As former minister of finance of Ireland, and Microsoft being the largest taxpayer in Ireland, Bill Gates paid McCreevy's paycheck. Bill Gates probably still pays McCreevy's paycheck. There is a reason for everything.
    • by One Louder ( 595430 ) on Monday February 28, 2005 @05:45PM (#11807564)
      This time they're ignoring the "reset" button and barrelling ahead with the previous proposal. The process has not actually stopped this time, just suspended a little bit.

      As an American I'm torn - if the EU does not have software patents, they'll easily pull ahead of the United States in the software arena while we litigate ourselves into irrelevancy. However, I'd much rather see the playing field made level by eliminating our own software and business method patents then burden the Europeans with the same yoke.

      • by Doc Ruby ( 173196 ) on Monday February 28, 2005 @06:00PM (#11807691) Homepage Journal
        I'm American, and I'm hoping that the EU can keep itself free from the patent monopoly biz. Because that will keep another productive source of software for me to use (and not patent :), and because their increased efficiency will create competition, the only factor that has ever gotten American business to improve. We've been goading Europe further into freedom for centuries by providing competion. The whole idea was an *investment* in an unstoppable process. Now we've got to reap the returns, as America sinks into the fatuous complacency we've developed after years at the top. Or we can move to France :).
    • "Restart" in this case does not mean that the process is currently stopped. The process is currently being rammed through by the EC, even though it appears to be against just about everyone's wishes. NoSoftwarePatents.com and others are trying to buy more time before the EC succeeeds in bypassing the will of the people.
    • by Anonymous Coward
      They stopped the restart, so the previous draft laughably called a "compromise" from the council will now be put forward for a second reading (unless the council decides not to - which it might, in an effort to spin it as "see, we're not an antidemocratic corporatist whoretank").

      The "compromise" from the council (under the Irish presidency - remember that Microsoft, Intel and IBM basically 0wn Ireland) erased all the european parliament's amendments that would have at least granted patent exemption for int
    • In the tradition of long words, the EU Commission is attempting to turn the vetos of software patents into so much floccinoccinilihilipilification.
      • You do mean floccinoccinihilipilification, the act of estimating something as worthless, right? (there are only two 'ili' in there, not three.)

        Okay, I admit that I had to look that up on google. :-)
    • by iabervon ( 1971 ) on Monday February 28, 2005 @06:21PM (#11807873) Homepage Journal
      First of all, software patents are not currently prohibited in the EU. The EU does not yet have a position on them, and the EU patent office grants them; they are valid in some countries and not in others, and they are effectively valid in some where they are not strictly valid, due to allowing patents on which don't specify what they apply to to apply to software, despite it not being allowed to specifically apply them to software. Obviously, the current situation is a complete mess, and the EU Commission has called for a directive to resolve it, since that's the Commission's job.

      The process started with a directive that would permit software patents. After much discussion and popular outcry from individuals and small and medium-sized businesses, the Parliament amended the directive to prohibit software patents, and passed the resulting version.

      The Council (which is composed of people appointed by the democratically-elected governments of the member countries, rather than directly elected individuals), on the other hand, set aside the amendments and passed the original version of the directive, and then claimed that they had reached agreement with the Parliament.

      The Commission is supposed to determine what, exactly, the Council and the Parliament have done. They keep trying to sign off on the process without a vote, on the theory that the Council and Parliament agree (on the Council version). Various Commission members have kept this from happening. Meanwhile, various committees of the Parliament have been calling for the entire thing to start over, and the Commission has been ignoring them. Furthermore, the support in the Council for the version is eroding as national parliaments send instructions to their government's representatives not to support it.

      So the current status is: the legality of SW patents in Europe is current ambiguous and nobody wants to leave it this way; the resolution currently on the table permits SW patents; the Council is refusing requests from the Parliament to restart the process from scratch, which would permit an anti-SW-patent result.
    • by cortana ( 588495 ) <samNO@SPAMrobots.org.uk> on Monday February 28, 2005 @07:20PM (#11808416) Homepage
      For a simple flow chart demonstrating the wonder of modern, simple, transparent government, attend http://europa.eu.int/comm/codecision/stepbystep/di agram_en.htm [eu.int].

      AFAIK, Poland has stopped the law getting as far as 5 twice, and Denmark(?) once. Then the Parliament's legal affairs comitte (JURI) decided almost unanimously that the legislation should be scrapped. But the commission doesn't actually have to listen to the democratic parts of the EU, so now we are at 9-10.

      If we are very lucky, MEPs will be angered by the comission's undemocratic actions and reject the common position at 11. Unfortunatly this requires a 70% absolute majority, meaning that 70% of all MEPs (not just those who turn up) have to vote against the legislation. If this happens then we will be proceed to 15, and the European software industry will be saved.

      Write to your MEP today! Even if they are neutral on the SWPat issues, they are likely to be angry at how the commission is trying to ignore the entire parliamentry institution.
      • by cortana ( 588495 ) <samNO@SPAMrobots.org.uk> on Monday February 28, 2005 @07:31PM (#11808494) Homepage
        Whoops! We're not facing a second reading by the parliament (11) just yet. From http://wiki.ffii.org/Com050228En [ffii.org]:

        "In the mean time, highly placed government sources have also confirmed that the directive will once more appear as an A-item on 7 March, this time on the agenda of the responsible Competition Council formation. All hope for a democratic and balanced resolution now rests on the shoulders of the ministers and officials who will attend that Council meeting."

        Like the article says, get in contact with whichever part of your government will be attending the Competition Council meeting: for UK readers, I believe that is these people: http://www.competition-commission.org.uk/footer/co ntact_points.htm [competitio...ion.org.uk].

        Competition Commission
        Victoria House
        Southampton Row
        London
        WC1B 4AD

        Although I doubt it will be possible to change Labour's mind on the issue, council decisions must be unanimous; that's how Poland and Denmark(?) managed to block the decisions before.
      • This conflict also has the effect of demonstrating to Europeans (and the world) that Europe has created an antidemocratic superstructure that can foil the popular will, even though it's expressed through a representative republic - the EP. Which should be shocking news to many of the hundreds of millions of Europeans, and the many millions more knocking at the gates for membership. Before everyone is living under an entrenched system of autocracy accessible only to corporations and privileged oligarchs, lik
  • by codehelp ( 690583 ) on Monday February 28, 2005 @05:35PM (#11807472) Homepage
    The reported reason was that if they do restart, they must produce a new text on which several other Directorate Generals (DG), such as Information Society and Competition, must agree as well. These other DG's would reportedly never support an extreme text such as the one currently on the table in the Council, or even the original Commission proposal from 2002. They would insist on a more balanced approach, which is apparently not desired by DG MARKT - Directorate General for the Internal Market.

    In the mean time, highly placed government sources have also confirmed to the FFII that the directive will once more appear as an A-item on 7 March, this time on the agenda of the responsible Competition Council formation. All hope for a democratic and balanced resolution now rests on the shoulders of the ministers and officials who will attend that Council meeting. Turning the directive back into a B-item, i.e. a discussion point, seems to be the only proper way out now.

    http://wiki.ffii.org/Com050228En [ffii.org]

    Any celebrations about the directive being thrown out were premature - the BBC site for one got carried away:

    http://news.bbc.co.uk/1/hi/technology/4274811.stm [bbc.co.uk]
    The European Parliament has thrown out a bill that would have allowed software to be patented.

    We wish! The headline was more accurate than the sub-text:
    EU software patent law faces axe

    Faces, but the axe isn't falling yet.
  • Seriously (Score:5, Insightful)

    by October_30th ( 531777 ) on Monday February 28, 2005 @05:36PM (#11807491) Homepage Journal
    A wannabe Napoleon who heads the Commission and a Microsoft puppet that runs the DG (directorate general) in charge have decided to negate democracy.

    With unhinged comments like that he's never going end up anywhere else than in the populist fringe.

    • Re:Seriously (Score:3, Insightful)

      by eddiegee ( 236525 )
      With unhinged comments like that he's never going end up anywhere else than in the populist fringe.

      Congratulations! Your phrase "populist fringe" has won the Best New Oxymoron award! It will now join the ranks of such timeless classics as "military intelligence", "compassionate conservative" and "Microsoft Works"

  • No Banana Union ?! (Score:5, Informative)

    by D4C5CE ( 578304 ) on Monday February 28, 2005 @05:42PM (#11807539)
    Meanwhile, one of the Directive's key supporters, the German Federal Ministry of Justice, has reportedly received [ffii.org] approximately 500 bananas [ffii.org], shipped in more than 150 parcels [ffii.org], from constituents appalled by what they consider "banana republic style" disrespect [ffii.org] for the national and European parliaments.
  • Sigh (Score:4, Insightful)

    by Turn-X Alphonse ( 789240 ) on Monday February 28, 2005 @05:44PM (#11807558) Journal
    I'd like to say "keep fighting it", but lets face it, if 1 or 2 countries keep fighting it they'll just make some new law which lets them ignore 1-2 people being against it so they can just force it through.

    Very similar to the hunting ban in the UK, the lords didn't want to ban it so the Government used an act ment for emergencies to force it through and get their way. Surely the EU have a clause which can do the same in some form..
    • Re:Sigh (Score:2, Interesting)

      by mcpheat ( 597661 )

      Very similar to the hunting ban in the UK, the lords didn't want to ban it so the Government used an act ment for emergencies

      The parliment act requires a bill to be passed by the Commons twice, in separate sessions more than a year apart. If you can wait a year it is not an emergency. The act is designed to stop the unelected Lords blocking the elected Commons and that is exactly what it was used for.

  • MS denies Windows needs restart.
  • Be prepared, the whole EU is about to fall to similar things. The united states has a similar thing in front of them. Microsoft has managed with the help of campaign contributions to get a strangle hold on the legislature of teh world.
  • You don't know the intention of the *new* *different* Commission. Don't assume they don't see the problem the way the last lot didn't.

  • by reallocate ( 142797 ) on Monday February 28, 2005 @06:21PM (#11807878)
    ...under the leadership of someone who previously failed as Portuguese prime minister and as per the suggestion of a Microsoft puppet...

    Now, that's the kind of insight that gives so many of those people the great reputation they have in the Land of Adults.

    Regardess of the merits, or lack thereof, on either side of this issue, that virulent phrase manages to combine the two central themes defining how many free software advocates relate to the rest of the world:

    1) Anyone who disagrees with me is incompetent.
    2) Anyone who disagrees with me is also taking Microsoft money.

  • by Anonymous Coward
    "
    If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today. ... The solution is patenting as much as we can. A future startup with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high. Established companies have an interest in excluding future competitors.
    "
    Bill Gates 1991
    This was quoted by Fred Warshofsky in "The Patent Wars" of 19
  • Charlie McCreevy (Score:5, Informative)

    by maidhc ( 795249 ) on Tuesday March 01, 2005 @04:36AM (#11810914)
    Charlie McCreevy has a habit of being somewhat headstrong and ignoring practically everyone until he realises his position untenable and is forced to back down sharpish.

    While Minister for Finance in Ireland he was forced to row back on a number of announcments made in his budgets due to opposition from the general public. He also gave 50m to an equestrian center without going through the correct procedures; for no apparent reason other than he likes horses.

    Eventually his tactics were hurting the government party so badly that he was shafted and sent to Europe for retirement.

    Whether he can maintain his current position on patents I do not know, but as an Irish person it isn't surprising to see Charlie's tactics remain the same.

  • by erik_norgaard ( 692400 ) on Tuesday March 01, 2005 @08:07AM (#11811547) Homepage
    The socialist party withdrew definitively their support for the current directive last week.

    The directive no longer have a majority support in the parliarment, and so the government has no mandate to vote in favour of the directive.

    This means that even if the directive appears as an A-item, it must be blocked.

    In danish (sorry - I have no english equivalent):
    http://www.computerworld.dk/default. asp?Mode=2&Art icleID=27184

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