[Fsf-friends] EU Software patents directive crushed in the flat new
world
Ramanraj K
ramanraj.k@gmail.com
Fri Jul 8 21:54:59 IST 2005
V. Sasi Kumar wrote:
>On Wed, 2005-07-06 at 23:42 +0530, Ramanraj K wrote
(Well, the credit goes to Sivasankar :)
>
>>Great news! The EU software patents bill was crushed by a huge margin
>>today:
>>http://news.bbc.co.uk/2/hi/technology/4655955.stm
>>
>
>The news item says:
>...
>Dr John Collins, a partner at patent attorney Marks & Clerk said the
>decision was not a victory for opponents of software patents.
>
>"Today's outcome is a continuation of inconsistency and uncertainty with
>regard to software patenting across the EU," he said.
>
>"Software will continue to be patented in Europe as it has been for the
>last 30 years," said Dr Collins.
>...
>Does this mean that software can be patented?
No. In Europe, patents are governed by the European Patent
Convention, as amended from time to time since 1973.
http://www.european-patent-office.org/legal/epc/e/ar52.html#A52
<quote>
Article 52
Patentable inventions
(1) European patents shall be granted for any inventions which are
susceptible of industrial application, which are new and which
involve an inventive step.
(2) The following in particular shall not be regarded as inventions
within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing
games or doing business, and programs for computers;
(d) presentations of information.
(3) The provisions of paragraph 2 shall exclude patentability of the
subject-matter or activities referred to in that provision only to
the extent to which a European patent application or European
patent relates to such subject-matter or activities as such.
(4) Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practised on the human or animal
body shall not be regarded as inventions which are susceptible of
industrial application within the meaning of paragraph 1. This
provision shall not apply to products, in particular substances or
compositions, for use in any of these methods.
</quote>
The above is in accordance with TRIPS Agreement, and as we can see,
computer programs are not patentable in Europe. If there are any EU
patents for software, they are merely invalid and ultra vires. The
whole problem is because a few mega corporations either won't or can't
see the reasons behind these laws, and keep lobbying every where to
introduce patentability for software by hook or crook.
It is illegal and unlawful to patent computer programs under the TRIPS
Agreement, that came into force 10 years ago. Patents granted for
software in some jurisdictions like US or other select countries are
no longer valid after the TRIPS Agreement came into effect. If any
signatory to the TRIPS treaty has laws that allow patents for
software, then such nations are clearly in breach of their
international obligations, and could be held liable and answerable.
The home for "software patents" is the US, and some of its
corporations that think this as an easy device to make money out of
thin air, have been lobbying in Europe to give legitimacy to "software
patents", and this move has been defeated recently with an
overwhelming majority.
ffii.org leads the battle against these moves in Europe. Nearly 1,934
companies with about 31,488 employees and annual turnover of
3,258,164,082 EUR, have entrusted the FFII to defend their interests,
which they define at http://www.economic-majority.com/ as follows:
<quote>
Declaration
Our enterprise is worried about plans to legalise patents on software
solutions ("computer-implemented inventions").
We rely on software copyright. We need to be sure that we own what we
write.
We need to be sure that we can publish and distribute our own programs.
We need to be sure that, as long as we respect the rules of copyright,
we can run any software on any office or network computer.
We urge legislators to confine the patent system strictly to the
limits of applied natural science. In principle, only knowledge which
had to be obtained through costly experiments with forces of nature
should be eligible for the broad, slow and expensive monopoly
protection which the patent system offers.
</quote>
Our friend Christian at Code Liberty has called 6th of July 2005, "The
Day of Intellectual Independence", on which day, "[t]he European
Parliament has dramatically rejected the software patent directive,
putting an end to the attempt to impose software patent enforceability
on Europe".
More info on these developments is available at:
http://wiki.ffii.org/Ep050706En
http://wiki.ffii.org/AmPlenPr050701En
http://wiki.ffii.org/AmPlenExplanation05En
http://www.codeliberty.org/?fullstory=00040
Now, the US is largely isolated and alone on this issue. FAREED
ZAKARIA has reviewed the book titled "THE WORLD IS FLAT: A Brief
History of the Twenty-First Century" by Thomas L. Friedman at:
http://query.nytimes.com/search/article-printpage.html?res=9D07E6DB1731F932A35756C0A9639C8B63
The reviewer notes that "China and India loom large in Friedman's
story because they are the two big countries benefiting most from the
flat world". He further says:
<quote>
The ultimate challenge for America -- and for Americans -- is whether
we are prepared for this flat world, economic and political. While
hierarchies are being eroded and playing fields leveled as other
countries and people rise in importance and ambition, are we
conducting ourselves in a way that will succeed in this new
atmosphere? Or will it turn out that, having globalized the world, the
United States had forgotten to globalize itself?
</quote>
It is most tragic that the US has been deaf to what RMS has been
crusading and campaigning for the past many years. The freedom of
people to use the digital medium with utmost liberty will largely
determine the very fate and future of nations. It is not too late to
make amends, and change policies towards having sane laws and
practices. HTH.
Regards,
Ramanraj.
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