[Discussioni] [Fwd: [FSFE PR][EN] Software patents: A bad day for Europe]
Stefano Maffulli
smaffulli a tiscalinet.it
Mer 19 Maggio 2004 17:41:09 CEST
FYI
-----Forwarded Message-----
From: press a fsfeurope.org
To: press-release a fsfeurope.org
Subject: [FSFE PR][EN] Software patents: A bad day for Europe
Date: Wed, 19 May 2004 17:17:21 +0200
May 19th, 2004
Software patents: A bad day for Europe and Germany
"Europe is about to finally give up on the goal of its heads of
states and governments to become the 'most competitive
knowledge-based region' until 2010 and has repeatedly failed
democratically. It is unfortunate that the optimism and trust placed
in the German government was somewhat premature. Yesterday was not a
good day for Europe and Germany!" is the sad summary of Georg Greve,
president of the Free Software Foundation Europe (FSFE) about the
decision of the council of the European Union about "computer
implemented inventions."
Among other things, the directive was created with the wrong goals
in mind: "The European Patent Office (EPO) has granted about 30.000
software patents so far. The declared goal of this directive was to
create patenting possibilities for 'computer implemented inventions'
and legaliziation of patents granted already."
As Jeremy Philpott of the UK Patent Office put it: "If the directive
had gone through with all the proposed amendments (Comment: made by
the European Parliament), there would have been plenty of patents
that would no longer have been valid. I cannot stress this enough:
[...] The whole point was that what is patentable today, will be
patentable tomorrow, [...]"
"So at no point in time was finding useful limits to patentability
for the sake of innovation the prime incentive, the directive should
rather make the already granted patents legally enforceable. If the
European Parliament agrees to this directive, about 30.000 patent
mines will be armed -- without consideration of the effect that
their explosions will have for economy and society."
Greve's conclusion: "The German minister of Justice Zypries spoke
about a 'Round Table' with interested parties to further mutual
understanding. Instead of 'furthering understanding' after the
decision has been made, I suggest to use this occasion to establish
a permanent round table to discuss sustainable political
decisions. The goal of this table should be to at least catch up in
international competition again."
With regards to the directive we strongly suggest to the European
parliament to not accept the current proposal despite better
knowledge. In particular a definition of what is to be considered
technical is indispensable, the whole directive rests on this
term. "Otherwise it would be like building a house on wheels and
without brakes under the assumption that its later inhabitants will
not move it even though doing so would promise them immense
profits."
About the Free Software Foundation Europe
The Free Software Foundation Europe (FSF Europe) is a charitable
non-governmental organization dedicated to all aspects of Free
Software in Europe. Access to software determines who may
participate in a digital society. Therefore the freedoms to use,
copy, modify and redistribute software - as described in the Free
Software definition - allow equal participation in the information
age. Creating awareness for these issues, securing Free Software
politically and legally, and giving people freedom by supporting
development of Free Software are central issues of the FSF Europe,
which was founded in 2001 as the European sister organization of the
Free Software Foundation in the United States.
http://fsfeurope.org
Contact
Europe:
Georg C. F. Greve <greve a fsfeurope.org>
phone: +49-40-23809080
fax: +49-40-23809081
Further contact information available at
http://fsfeurope.org/contact/
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