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EU - Motion to Restart the Software Patents Process |
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Monday, January 10 2005 @ 10:35 AM EST
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Both Heise and ZDNET have the news. 61 EU members of parliament from 13 countries, including Germany,
Italy, the Netherlands, Poland and Sweden, led by the Polish ex-prime minister Jerzy Buzek and including a former European
Commissioner and three vice-presidents of the European Parliament, are asking that the entire legislative process that led to the software patents directive be *begun from scratch*. They have filed a refile motion, calling on the EU Commission to refer its proposed directive back the EU Parliament, which is where the process begins.
If that happens, I'm told it would essentially mean no patent directive would be back on the table as a finalized directive for 3 or 4 years. Or, maybe it could go away in a way that saves face all around. Lobbyists may want software patents, but it is now clear that many Europeans decidedly do not. ZDNET says that the website where you can thank Poland for blocking a rubberstamping of the directive received 25,000 thank you's in 9 days and continues to climb. The site says that it was inspired by a comment one of you left on Groklaw. I didn't know that.
It could also mean that the lobbyists will try something else. They are unlikely to just quit.
The basis for the request is that, due to the elections in June, most of the current representatives never voted on this issue. Moreover, the "very nature" of software patents have changed
"substantially", the members filing the motion say. Thus
patent-related risks, for example, were increasingly having an effect on
decisions made by public administrations and private organizations on
whether "in view of infrastructures and their possibilities to purchase
software and services from small and medium-sized companies." This appears to be referring to Munich. They are invoking Article 55 of the Rules of Procedure of the
European Parliament which says that members of parliament are allowed
to reconsider a proposal by the EU Commission, such as a draft
directive, when "the nature of the problem with which the proposal is
concerned substantially changes; or...new elections to Parliament have
taken place since it adopted its position". The motion has been given to the Tabling Office of the European Parliament
(EP), through which all documents must passed before being discussed by
MEPs in the EP. You can read it here [PDF].
Here is the press release from NoSoftwarePatents.com., which was started with the support of Red Hat, MySQL, and 1 & 1. So don't ever let anyone tell you Red Hat isn't really part of the community or doesn't know what free is, blah blah.
********************************
MOTION IN EUROPEAN PARLIAMENT
FOR RESTARTING THE ENTIRE LEGISLATIVE PROCESS
ON THE CONTROVERSIAL SOFTWARE PATENT DIRECTIVE
61 MEPs from 13 different countries introduce motion -- Restart of
legislative process requested on grounds of new elections, EU extension, and
changed circumstances -- Procedural step would also represent "a face-saving
exit strategy for the EU Council"
Brussels (10 January 2005). The EU's legislative process on a software
patent directive continues to be eventful. Just before Christmas, the
Polish government surprisingly delayed a decision in the EU Council. Strong
support is now building up in the European Parliament for an initiative to
restart the entire legislative process. 61 MEPs (Members of the European
Parliament), from 13 different countries and 4 political groups, have
introduced a motion to ask the EU Commission for resubmitting a legislative
proposal, which means to go back to square one. The group of signatories is
led by former Polish prime minister Jerzy Buzek, and includes other
high-profile politicians, among them three vice presidents of the European
Parliament, multiple members of group and committee leaderships, and a
former EU Commissioner. The complete list was published today on
www.NoSoftwarePatents.com, a pan-European campaign Website.
The EU Commission had already highlighted the possibility of parliament
restarting this legislative process in a statement published on its Website
last summer. In this scenario, the EU Parliament would have a new first
reading, and the EU Council would again be free to negotiate a "Common
Position" on the directive. The EU Council could still change its position
in the ongoing process because it has not formally adopted it yet, but
countries are now informally bound to a political agreement of 18 May 2004.
"A majority of today's MEPs didn't get to participate in the first reading
in 2003, and the governments of the new member states were barely finding
their seats in the Council last May", said Florian Mueller, manager of the
NoSoftwarePatents.com campaign. "This issue is controversial, complex, and
so very critical to Europe's future. A total restart is also a face-saving
exit strategy for the Council, which is caught between a rock and a hard
place because it would either have to depart from an unwritten diplomatic
code and renegotiate its position now, or it would have to decide against
all democratic principles."
Mueller pointed out that his campaign also strives for a maximum of legal
certainty but that he is "absolutely unaware of any problems for legitimate
patent holders in the current situation", so he believes Europe should
assign a higher priority to finding the right decision than to rushing this
process. "If there is any category of patents that are difficult to enforce
in Europe right now, then we're talking about those shady software patents
that nobody says he wants and that some say don't even exist." The European
Patent Convention explicity excludes patents on computer programs, but an
estimated number of more than 30,000 such patents have been granted in
Europe nonetheless.
Internet Addresses of Relevant Documents
Motion text: http://www.ffii.org/~jmaebe/reso/resolution_55_4.pdf
Lists of signatories (by country and by political group):
http://www.nosoftwarepatents.com/docs/050106restartsign_nat.pdf
http://www.nosoftwarepatents.com/docs/050106restartsign_grp.pdf
Commented version of EU Commission's statement on restart possibility:
http://www.nosoftwarepatents.com/phpBB2/viewtopic.php?t=281
Procedural Background Information
Under Rule 55 of its Rules of Procedure, the European Parliament may request
a restart of a legislative process under certain circumstances. That
request can come from the committee in charge (first paragraph of the rule),
or alternatively result from a plenary vote (fourth paragraph). The
European Parliament is looking at both procedural options here.
The motion bases the request for a restart upon two facts:
- New European elections have taken place since the original first reading
in the European Parliament in 2003. Due to the elections in June and the EU
extension in May of 2004, a majority of today's MEPs did not get to
participate in the first reading.
- The motion also stresses that "there have been substantial changes in the
nature of the subject to which the proposed directive relates". Either one
of the two reasons would be sufficient on its own to invoke Rule 55.
Restarting a legislative process after elections routinely happens in
various parliaments, such as the German Bundestag. The technical term for
the principle is "discontinuity". In the current legislative term of the
European Parliament, the "directive on the patentability of
computer-implemented inventions" would be the first, and quite likely the
only, case in which the principle of discontinuity is applied.
On the subject of changed circumstances, the motion particularly cites
patent-related implications to IT infrastructure decisions by public
administrations. Last summer, the city of Munich had temporarily suspended
its Linux migration project over patent infringement fears. The project was
resumed, but the city administration was advised by a local law firm to
demand that its IT vendors and service-providers hold the city harmless of
patent litigation costs and indemnities. To the dismay of the city
administration, this would preclude small and medium-sized businesses from
successfully bidding for contracts. Furthermore, on November 18th,
Microsoft CEO Steve Ballmer had warned Asian governments that they would
face patent litigation if using the Linux operating system instead of
Microsoft's Windows product.
About the NoSoftwarePatents.com Campaign
The NoSoftwarePatents.com campaign was launched on October 20th in initially
12 languages and is supported by three IT companies (1&1, Red Hat, and MySQL
AB). More information on the campaign is available on the campaign Web
site.
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Authored by: Peter H. Salus on Monday, January 10 2005 @ 11:27 AM EST |
As I understand subsidiarity, the obvious thing
for the various lobbyists to do is to begin with
the governments of countries where they think they
have the best chance. The UK, probably, and one
of Finnland, France, Germany, Italy, and Sweden.
With laws on the books in 2-3 countries, it
becomes a matter for Brussels to attempt to make
the 25 countries uniform, rather than sending
stuff to Strassburg, where it may have a very
tough time.
---
Peter H. Salus[ Reply to This | # ]
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Authored by: LarryVance on Monday, January 10 2005 @ 11:32 AM EST |
I have to admit that I hvae never been active in the political process. Part of
why I have not been active is I felt it was futile to try and exert influence as
a simple citizen. I have always disliked the special interest focus of
lobbyists and would like to have a way to have my voice heard also. I am glad
that the ThankPoland information was produced.
I am glad to see blogging become more prevalent in the distribution of
information to the masses. It would be great to see more information relating
to lobbying and what we can do as citizens to counteract special interests.
---
NEVER UNDERESTIMATE YOUR INFLUENCE!
Larry Vance[ Reply to This | # ]
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- Lobbyists - Authored by: kenryan on Monday, January 10 2005 @ 12:44 PM EST
- Lobbyists - Authored by: PJ on Monday, January 10 2005 @ 12:55 PM EST
- Lobbyists - Authored by: micheal on Monday, January 10 2005 @ 01:30 PM EST
- Lobbyists - Authored by: Anonymous on Monday, January 10 2005 @ 01:58 PM EST
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Authored by: Anonymous on Monday, January 10 2005 @ 11:32 AM EST |
and thanks.
sum.zero[ Reply to This | # ]
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Authored by: Vaino Vaher on Monday, January 10 2005 @ 11:36 AM EST |
The job of a lobbyist is to push through ideas that otherwise would not have
caught on.
The large software companies will profit BILLIONS if they manage to pass a
european patent law. There will be almost unlimited resources to draw from for
the lobbyists.
But you and I will have to pay those billions. So lean on your local EU
representative! He/she makes good living from their seat. Make sure that Your
representative know that there will be a vote or two to earn on this issue!
And don't forget to mention that patents create benefits to the already rich and
mighty, at the expense of the young, fresh and innovative (against whom patens
will be used!).
Finally, don't forget to mention that in Europe up until now only inventions
have been patentable. Ideas and concepts have not. This will change, should we
have software patents in Europe.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, January 10 2005 @ 11:53 AM EST |
Off-topic here please.
To post URLS use "HTML Formatted" and type
<a href="http://whatever">description</a>.
Be sure to PREVIEW before SUBMITTING.[ Reply to This | # ]
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Authored by: Anonymous on Monday, January 10 2005 @ 12:16 PM EST |
The EU plan to add Bulgaria in 2007.
Probably also Romania also. Romania is running into some difficulties over
corruption but will probbaly squeak in - as usual.
If the patent directive gets stalled before then there is a reasonable chance
that te addition of yet another country will be sufficient to cause a pause
again in the legal system.
--
MadScientist[ Reply to This | # ]
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Authored by: skidrash on Monday, January 10 2005 @ 12:37 PM EST |
If a lot of European businessmen could get over their US envy they'd see that
the European way is in fact, better. The same productivity with much, MUCH
higher quality of life (IMHO).
look at
thi
s article for an example of how European business is consistently, unfairly
and in fact falsely beaten down while US business portrayed as heroic.
and when on that page search for
"Euroland's underlying economic
performance is better than many commentators portray."
[ Reply to This | # ]
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Authored by: Anonymous on Monday, January 10 2005 @ 12:51 PM EST |
Pushing the directive into the future where 'they' can make a second effort to
pass it after they have had time to 'condition' the politicians to their point
of view.
[ Reply to This | # ]
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Authored by: PeteS on Monday, January 10 2005 @ 12:56 PM EST |
PJ wrote:
ZDNET says that the website where you can thank Poland for
blocking a rubberstamping of the directive received 25,000 thank you's in 9 days
and continues to climb. The site says that it was inspired by a comment one of
you left on Groklaw. I didn't know that.
In this comment by nb
Th
anks to nb !
PeteS
--- Artificial Intelligence is no match for Natural
Stupidity [ Reply to This | # ]
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Authored by: rp$eeley on Monday, January 10 2005 @ 01:55 PM EST |
back the EU Parliament
^
to
[ Reply to This | # ]
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Authored by: 1N8 M4L1C3 on Monday, January 10 2005 @ 02:37 PM EST |
Vice approaching each lobby effort in a "one off" fashion, we within
the F/OSS community [and specifically those involved with EFF and PubPat] need
to adopt a broader competative philosophy (not unlike the proprietary interests
with whom we openly compete). Proprietary interests will not simply lay down or
go away when their very existance is at stake - as such, we in the F/OSS
community need to approach these Special Interest Groups (SIGs) as any business
would approach it's competition... ...that is, as part of a long-term strategy,
not a short-term tactic.
We can always win individual battles and still lose the war. Unless we in the
F/OSS community have a cohesive strategy in place to pro-actively engage these
proprietary efforts, we WILL eventually lose the war....
As such,
1. The F/OSS community needs to ensure governmental and regulatory bodies have
sufficient checks and balances in place, so proprietary interests are NEVER
given a rubber-stamp win (e.g. the current U.S. patent process is good case
example of a process needing complete rebuild).
2. Where software patents are permitted, the F/OSS community needs to ensure
application review processes place sufficient onus on petitioners, as to show
justification for issuance of a patent on their claim(s).
3. The F/OSS community needs to foster public support for an open review
process, so contentious item (such as prior art) can be presented in a timely
fasshion, as part of the review process - not post factum (after the fact).
4. Where software patents have been imprudently granted, the F/OSS community
needs to support PubPat and EFF in actively challenging these patents, either
through legislative, regulatory or legal review of the claims.
my two cents worth....
---
On the 7th day, Linus saw that which he created and it was good... ...on the
8th day SCO litigated.[ Reply to This | # ]
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Authored by: LocoYokel on Monday, January 10 2005 @ 06:52 PM EST |
Here is an angle that I would submit the EU hasn't come up with yet.
Everyone always complains how heavy handed the US in terms of trade agreements
and forcing other countries to accept US laws and terms. Suppose the EU were to
reject software patents completely and then make no s/w patents a condition of
importing software into the EU on the basis of protecting their own economy and
businesses from predatory foreign patent pratices. How long do you think it
would take certain US companies wanting to export their software to the EU would
change their tune and drop the issue of patents? The EU would then be in the
position of forcing the US to comply with their pratices rather than the other
way around. I would think that once they think this through, they might want to
pursue this if only on the basis of showing that they are capable of forcing the
US to back down.[ Reply to This | # ]
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Authored by: Anonymous on Monday, January 10 2005 @ 10:59 PM EST |
MADRID, January 10, 2005 - PandaLabs has detected the appearance of two new
Trojans, Trj/WmvDownloader.A and Trj/WmvDownloader.B, which are spreading
through P2P networks in video files. These Trojans take advantage of the new
technology incorporated in Microsoft Windows Media player called Windows
Media Digital Rights Management (DRM), designed to protect the intellectual
property rights of multimedia content. When a user tries to play a protected
Windows media file, this technology demands a valid license. If the license
is not stored on the computer, the application will look for it on the
Internet, so that the user can acquire it directly or buy it. This new
technology is incorporated through the Windows XP Service Pack 2 + Windows
Media Player 10 update[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, January 11 2005 @ 04:04 PM EST |
[Patent lobbyists] They are unlikely to just quit.
Well, that's a good
candidate for understatement of the decade. In view of the billions of dollars
at stake for giant companies, they will not quit until they have won. We
can never finally "win" this battle, because they will never give up. All we can
do is hold them off, for as long as we stay determined ourselves. If we don't
lose, we must be prepared to go on fighting this one forever. [ Reply to This | # ]
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Authored by: Anonymous on Wednesday, January 12 2005 @ 08:41 AM EST |
In this
story in The Register, you will find this juicy quote:
Patent
lawyers Marks&Clark accuse campaigners against the directive of
"misinforming industry and serving only to endanger genuine inventions.
"The
directive was originally proposed to provide uniformity in the EU...so that
innovators could be certain that their patents are valid throughout the EU. We
should not allow this objective to be undermined."
You can find the
above named people at their
website.
They have this to say:
Marks & Clerk Patent and Trade
Mark Attorneys and Marks & Clerk Solicitors offer an intellectual property
service that is unrivalled in the UK.
Both firms provide specialist
services to clients in a wide variety of business sectors including:
biotechnology, pharmaceutical, chemical, industrial, IT and software,
electronics, financial services, fashion, publishing and fast moving consumer
goods.
One wonders just who is on their client list.
PeteS (not logged
in)
[ Reply to This | # ]
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Authored by: joeblakesley on Thursday, January 13 2005 @ 05:03 PM EST |
I meant to send an email to PJ when the Thank Poland site was first set up
asking whether it can be better advertised on Groklaw (so all readers see it).
This article is a good advert for the petition, but could we have a "Thank
Poland" banner on the Groklaw front page?
This is the most important political petition for some time: even if you don't
care about software patents, if you are an EU citizen, you need to send the
message to Poland (and other governments) that we, the people, want them to
stand up for democracy (and freedom) within the EU against the corrupt unelected
€C commisioners (and €PO) who stand for big business and are trying to pass laws
without parliamentary approval.
---
Joe Llywelyn Griffith Blakesley[ Reply to This | # ]
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