EU Ambassadors vote to back Software Patents

[Gowator]

NOTE

This is preapproved by anon as non flameworthy and Linux specific etc; its also VERY TIME specific !!

ENDNOTE:

Id like to encourage everyone to write to either their MEP or even Arlene McCarthy directly. You dont need to be European since this potentially effects EVERYONE.

 

IT could be seen as political but it has been pre-approved

As Draftsperson for the Parliament I, along with the Parliament, voted for limits to the patenting of computer-implemented inventions. The Member States i.e. the Council of Ministers have chosen to ignore Parliament?s views, which has disappointed us greatly and we are now preparing for some

very tough negotiations with them.

However, fortunately the Council of Ministers and the Commission cannot ignore our views as democratically elected Members of the European Parliament. I can assure you that the Parliament will defend its position and there will be no final law without the agreement of the Parliament.

 

If both the Council of Ministers and the European Commission refuse to reinsert Parliament?s amendments, there will be no Directive. Our power on this piece of legislation is very strong we can modify it or block it if we choose to do so.

My position as Rapporteur and that of the Labour MEPs remains unchanged and in the negotiations I will defend Parliaments position.

 

·I am not in favour of patenting of software as in the US.

·Europe needs a uniform legal approach to stop the drifting towards extending patentability to inventions, which would not have been traditionally allowed, and to stop patentability of pure business methods, algorithms or mathematical methods.

 

·Software products as such, must not be patented.

·Opensource software must be allowed to flourish and the Commission must ensure that this Directive does not have any adverse effect on opensource software and small software developers.

·Patents and the threat of litigation must not be used as an anti-competitive weapon to squeeze out small companies.

 

Furthermore I am supporting a UK campaign for a defence fund for small companies to protect themselves from litigation abuse by dominant market players.

 

Yours sincerely

Arlene McCarthy MEP

Edited May 22, 2004 by Gowator

[AussieJohn]

The fact that the Irish President seems to have been bought by Microsofts money should be grounds for impeachment. What has happened to Ireland in the past 10 years ? It was always the stalwart of of freedom of the individual and independence.

 

This is another reason why I as an Australian voted against becoming a Republic. So help me just look at what the so called western "democratic" republics are doing to their citizens, country and others in the name of democracy.

 

I think ALL Australians interested in this software patents garbage should be sending emails to Europe and AND the Australian Government DEMANDING, not suggesting, that this nonsense be stopped once and for all.

 

What we also need is a GROKLAW type of organization to oppose this. Groklaw has enough on its plate just at the moment . We should be able to expose every politician who supports software patents and also expose where their election funds come from. But we should also give due credit to those Pollies that have enough brains to see the potential disaster that is software patents.

 

Microsoft has its dirty little hands in every country.

 

Did anyone notice that Microsoft is reducing its employee benefits to the tune of US$80,000,000. And this from a company that has an estimated US$50billion in the bank.

 

Makes you wonder doesn't it. The Linux world must be having an impact on the bottom line after all, even though Microsoft denies it.

 

 

Microsoft........................The convicted Monopolist that innovates by buying out businesses or "legally stealing" other peoples ideas. Whose idea of charitable donations is to give money in such a way as to ensure it is returned 10 fold by indirect means. (se India - schools.......see Africa - medical centres and hospitals)

[Darkelve]

Did anyone notice that Microsoft is reducing its employee benefits to the tune of US$80,000,000. And this from a company that has an estimated US$50billion in the bank.

Estimated... good point. Who knows what that really translates to?

[Gowator]

exactly aussiejohn....

I think its important that for instance everyone does what they can.

If Australia makes it clear it would rather partner other nations like SE Asia over SW rather than US/EU then the EU will have to think twice....

 

I agree with your take on Ireland too... but as I mentioned earlier I couldnt imagine Ireland having a smoking ban in pubs 5 yrs ago.

 

However ALL lets TRY and keep this on patents since anon very generously decided this is outside of the current political ban.

[spinynorman]

However ALL lets TRY and keep this on patents since anon very generously decided this is outside of the current political ban.

It's safe to assume that anything that belongs in Everything Linux will fall outside the scope of a political ban. :)

[Gowator]

spinynorman: If this wasnt time limited then Id have preferred to wait .... however its obviously important (if you are interested) to do something quickly. The more people write to MEP's/MP's etc the better.

 

What I hoped is to show that one person can make a small difference, since she bothered to reply this time I think that counts..... the more people who make this an issue the better...(IMHO)...so there are my letters and responses... its interesting that she didnt reply to the direct email I sent at first before she was supporting modifications...now it appears enough people have got to her to make her realise if she wants her bill to pass it will need to be modified. Hence she answers emails from non entities like me.

 

 

Even the MEP's with their heads in the air will remember they are being scrutinised and change there tune if enough people make them aware we are scrutinising them and we do care.

[spinynorman]

Gowator - I don't make a habit of lobbying anyone, but you have shamed me into writing to my MEP via his website.

[roland]

In the beginning of the week, I've e-mailed at least to 10 MEPs of my region, with a little text of me and the Mandrakesoft text.

Not any answer so far :(

There is a little article in the The Economist english newspaper, may 22nd - 28th, p70.

It's a newspaper that has influence and it's against Patent on software.

"...The matter is controversial because the intellectual property of software is typically protected through copyright. This prohibits plagiarizing code, but allows competitors to devise different code that achieves the same end. Patent law in contrast, outlaws any other software that achieve the same effect, no matter how. Dubious software patents abound: the best known example is the American patent awarded in 1999 to Amazon for the "one-click" shopping model used in its online store. Although software patents are already allowed in most European countries, they are awarded and enforced unevenly. The Council of ministers approved the draft directive, but, crucially, in a form that lacked amendments made by the European Parliament last September that restricted its scope. The two versions thus differ greatly, reflecting two sides of a polarised debate. The council favours software patents, a boon to big technology firms and intellectual-property holders. The parliament opposes software patents, and generally favours smaller firms and open-source software developers. From here, the directive will grind through the EU bureaucracy, getting tweaked along the way. It will be at least a year before it comes to final vote, assuming it gets that far.

Clearly there may be cases where a better digital mousetrap is worthy of a patent. But if software patent are too easy to obtain, they may stifle innovation more than promote it. ..."

[Darkelve]

Both the green and socialist parties in Belgium responded and seem determined about NOT letting the draft pass this way. I have yet to write other parties. Still, the socialist party is significant in Belgium, although I don't know what that translates to on the European level.

Edited May 25, 2004 by Darkelve

[spinynorman]

... the socialist party is significant in Belgium, although I don't know what that translates to on the European level.

This page of the EU Parliament site shows which groups national parties belong to and the numbers involved.

• Political groups:
  PPE-DE - Group of the European People's Party (Christian Democrats) and European Democrats
  PSE - Group of the Party of European Socialists
  ELDR - Group of the European Liberal, Democrat and Reform Party
  Verts/ALE - Group of the Greens/European Free Alliance
  GUE/NGL - Confederal Group of the European United Left/Nordic Green Left
  UEN - Union for Europe of the Nations Group
  EDD - Group for a Europe of Democracies and Diversities
  NI - Non-attached
  

 

 

 

[Gowator]

I dont know if it matters at a Euro level Darkelve so long as they get enough votes AGAINST :D

 

The main *banned word* behind all this changed her tune.... after the draft I guess got taken outa her hands... she hadnt even bothered replying to my first email which Id cc'd to my MEP.

 

It seems enough people like me did send emails and now she's actually replying. Presumably becuase she's being told by her colleages she stirred up the hornets nest so better she sorts it out.

 

thats polititions.... world over... non of them care about anything except VOTES.... and thats just the good ones. The bad ones care about what extra money they can make on the side.

 

So let em know your watching ....

let em know you care

let em know by supporting or not supporting they WIN/LOSE your vote