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EU Software Patent War Ignites Again 168

pieterh writes "ZDNet UK has a detailed article on the heating-up of the software patent debate in Europe. A new motion before the European Parliament calls for a harmonised patent court (EPLA) that would be able to enforce software patents across Europe. This comes just 15 months after the EP rejected the infamous Computer Implemented Inventions directive." From the article: "Patents on software are formally disallowed under the European patent system, but are routinely granted by the European patent office, according to critics. They are currently difficult to enforce in many EU member states, something critics say would be changed by the failed software patent directive, and now by the EPLA. Software patents are generally considered to add to the legal costs of large enterprises, as well as creating a hostile legal environment for smaller software businesses and open source projects."
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EU Software Patent War Ignites Again

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  • by User 956 ( 568564 ) on Thursday September 21, 2006 @05:01PM (#16156844) Homepage
    ZDNet UK has a detailed article on the heating-up of the software patent debate in Europe. A new motion before the European Parliament calls for a harmonised patent court (EPLA) that would be able to enforce software patents across Europe.

    Yes, because clearly the best solution isn't to simply fix the law, but to create an entirely new governmental bureacracy.
  • Sad, isn't it ? (Score:5, Insightful)

    by mickwd ( 196449 ) on Thursday September 21, 2006 @05:10PM (#16156913)
    From the article:

    In rebuttal, the three groups have filed a motion calling for "balance between the interests of patent holders and the broader public interest in innovation and competitive markets"

    Sad, isn't it, when the groups opposing this are calling for a "balance" between patent holders and the greater public good.

    Surely, the whole point of patents was "the broader public interest in innovation and competitive markets" ?

    So how can McCreevy and co. get away with opposing "the broader public interest in innovation and competitive markets", the will of our elected EU politicians, and the wishes of by far the majority of the population who have expressed an interest in the matter ?

  • by Qzukk ( 229616 ) on Thursday September 21, 2006 @05:18PM (#16156973) Journal
    the best solution isn't to simply fix the law

    The law is fixed. The law specifically disallows software patents. The "infamous" directive mentioned in the writeup failed, so the law still specifically disallows software patents. The patent office issues them anyway. Isn't it funny how laws telling people what to do result in fines, jail time, and execution if you break them, but laws telling the government what to do have absolutely no punishment when the government breaks them?

    So to enforce the patents, whoever is behind this clusterfuck intends to create an entirely new court system, specifically for the purpose of "legislating from the bench".
  • by Anonymous Coward on Thursday September 21, 2006 @05:20PM (#16156995)
    The enormous cost (3million EUROS) of litigating any patent dispute means small businesses simply cannot benefit from having patents when a large company infringes their patents . We absolutely do not want software patents because they are harmful to innovation in our own businesses. Indeed, we demand any attempt to introduce them in Europe is completely rejected. Two years ago, over 200,000 small businesses in Europe signed a petition to the European Commission totally rejecting the idea of introducing software patents in Europe, and totally rejecting the idea of harmonising legal processes in a way that might support software patents.
  • by ClamIAm ( 926466 ) on Thursday September 21, 2006 @05:34PM (#16157101)
    I think it's safe to say most Slashdotters prefer a form of government where they have a voice, and this probably means most of us favor some form of liberal democracy. Well, Wendell Philips said it best when he described the price of liberty as "eternal vigilance". There will always be forces in the world trying to subvert liberty to serve their own ends, and this means that there must always be people who will stand up for what is right.

    I realize this is kind of a sappy/idealistic post, but, um, I think there's some measure of truth here.
  • by Anonymous Coward on Thursday September 21, 2006 @06:30PM (#16157460)
    If you really like strongly logical argument, please tell me why the problem, which you seem to acknowledge, of patents being completely useless to SMALL business because patent litigation costs are 3million EUROS per lawsuit means patenting should now be extended to allow software patents, creating an unwanted problem of unaffordable software patent lawsuits for SMALL businesses threatening their very existence, the jobs and economic growth that they provide. Remember that more jobs in Europe are provided by SMALL businesses (t/o less than 10m EUROS) than by big businesses.
  • by Shawn is an Asshole ( 845769 ) on Thursday September 21, 2006 @06:38PM (#16157518)
    I can't for the life of me figure out what makes people hate software patents more than other types of patents...

    For one thing, software already has copyright. Why does it also need patents?

    Say I write a song with a I-IV-V progression. I have copyright on that song now. Should I also be able to patent the I-IV-V progression and begin suing everyone over it?
  • by Burz ( 138833 ) on Thursday September 21, 2006 @07:50PM (#16157936) Homepage Journal
    For example, if patent office A says that something is obvious, but patent office B in another nation claims that it isn't

    The answer is you sign a "free-trade" treaty to "synchronize" your "intellectual property" laws with the United States. Then you just do whatever the Americans tell you.

  • by rackhamh ( 217889 ) on Thursday September 21, 2006 @08:42PM (#16158168)
    You cannot patent the concept of converting flammable fuels into motive force,

    which is the same as saying you can't patent an algorithm

    but you can patent a specific implementation of an internal combustion engine

    which is the same as saying you can patent a specific use of an algorithm.

    Your example is entirely consistent with software patents.
  • by Anomalyst ( 742352 ) on Thursday September 21, 2006 @11:37PM (#16158795)
    copyright laws aren't sufficient to protect software inventions
    Sorry, I have been coding for over thirty years there is NO "invention" taking place in that process any more than a plumbers or carpenters solution to a tricky bathroom remodeling around a basement support pole is patentable. Solving these issues can be done by any competent practitioner, similar coding would be created by a majority of the programming community given a correctly defined problem. I.E. what we do is OBVIOUS and NOT patentable.
    Despite the ignorant opinion of a Judge, there is nothing patentable in any piece of code in and of itself. If the USPTO had a history of correctly, consistantly and properly doing their job, I might concede that its possible that when software is intimately embedded in a physical device that such a device in its entirety might be patentable, but it would have to be something non-obvious and provably absent of prior art, and not just "with a computer" or "over the internet" of some other solution. We in the US are already inundated with big business garbage sliding down THAT slippery slope and software patents have proven to be a decision whose negatives far outweigh the positives.
  • huh (Score:3, Insightful)

    by KwKSilver ( 857599 ) on Thursday September 21, 2006 @11:44PM (#16158811)
    You work for a law firm--an "intellectual law" firm--writing patents.

    So basically you are a flunky who makes a living from the patent industry. That explains your hysteria: terror. Wouldn't it be horrible if we were free to think? Don't think about it before asking your masters at the law firm.
  • by csirac ( 574795 ) on Thursday September 21, 2006 @11:45PM (#16158814)
    You only get into the details of the implementation if REQUIRED to.

    This approach is then a real problem. Do you really deserve to "own" the ideas in the patent you're writing? The second it's filed, how many real-world implementations out there are suddenly infringing because other developers had to follow similar logical processes to arrive at a solution that solves the same problem?

    I can't help but think that the real innovators that advance technology in this world are disadvantaged, stifling progress - and that people benefiting from software patents who are irrelevant to technological progress are disproportionately advantaged.
  • by KwKSilver ( 857599 ) on Thursday September 21, 2006 @11:58PM (#16158857)
    Actaually, your arguments in this thread--taken at face value--make a powerful case to outlaw all patents. Thanks.
  • Re:I am apalled (Score:3, Insightful)

    by symbolic ( 11752 ) on Friday September 22, 2006 @01:35AM (#16159113)
    I believe that's rather how the whole mess started in the US- and as you might expect, some douche bag lawyer started interpreting this to mean that software *itself* was patentable. The momentum started building, the USPTO was making a nice chunk of change on patent fees, so really didn't see any impetus to change, and suddenly, we were left with something that is completely out of control. And now that there are established and entrenched interests, fixing the problem will an order of magnitude more difficult.
  • Re:Nostalgia... (Score:1, Insightful)

    by Anonymous Coward on Friday September 22, 2006 @03:04AM (#16159294)
    I'm sorry... this just doesn't compute. Allowing people to COPY ideas is now equivalent to "creative work"???

    Yeah, because all creative work just pops out of nothingness, without building upon previous ideas. Sorry, Google - the idea of a program that indexes web pages is patented. Please wait 50 years until Altavista patent expires...
  • Eh,,, (Score:4, Insightful)

    by Barts_706 ( 992266 ) on Friday September 22, 2006 @03:39AM (#16159367) Homepage Journal
    Once in my life I felt proud to be Polish - it was when we blocked the issue of software patents.

    It looks like we have won the battle, but the war will continue as long as there is overload of bureacracy in EU and moloch corporations to be lobbying.

    Personally, being a Linux user (perhaps not the most advanced around, but at least trying) I shiver at the tought of software patents being introduced and what effect this might have on our distributions. No left-click, no double-click, no <insert_your_favourite_nix_feature_here>?

    I do hope this issue will be bounced back again. For the sake of us all.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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