[ILUG] Fwd: Mary Harney's Answer on Software Patents

[Paul Jakma]

On Sun, 23 May 2004, Ciaran O'Riordan wrote:

> ...but once any EU state accepts a patent application, any software
> distributor will have the hassle of keeping their software out of
> that country and the german office will be told "but france
> recognises our innovation".

Right, and the same thing essentially applies with US. If you want to 
market software or work on free software that will be distributed in 
US, you'll have to avoid software patents.

Also, I wonder if, even if EU does not have software patents, what 
would happen if you violated a US software patent and took a trip to 
US? Could you be served with a writ?
 
> Last September we convinced 70% of the 626 MEPs to vote very
> clearly against software idea patents.  This year we convinced the
> Council that software idea patents are bad, but unfortunately we
> didn't explain to them what wording we needed for this goal, so we
> lost this round.

Right, and congratulations. I didnt realise the Council had been 
persuaded either. 
 
> Now it goes back to the Parliament - so again we have to lobby the
> (new) parliament to bring back the good amendments they voted for
> last September. Then it goes to a consiliation committee - a mix of
> some Council members and some Parliament members.

Right, but as i understand it, the Council essentially will get the
last word if no settlement is reached. Maybe I'm just a pessimist,
but I get the impression the council is almost overwhelmingly
pro-software-patent. (other than luxembourg who objected and germany
who didnt object enough to actually object). I have the feeling come
hell or high water we will get software patents because of the
powerful interests behind it. :(

(i hope i'm wrong - i usually am ;) ).
 
> The majority of politicians are now on our side, and we were slow
> to start since, unlike the BSA's lobbyists, we didn't understand
> the EU system.  So I'm confident that we will win - but this issue
> is way too important to leave to chance, we need as many people as
> possible working on this.  If software is ruled patentable, free
> software developers, users, distributors, and related businesses
> will have a decade of SCO's and MS's and IP law firms, and ...

Yep.

Any tips on what $joe-linux-user can do? (i havnt really kept up)
 
> There's too many of them, and they have no incentive at all to
> become tougher (and they answer to no one, and ...).

Well, that would become easier if EU gets directives through to 
harmonise EU patent policy.
 
> Wishing that examiners would have higher standards is like wishing that
> software users would stop asking stupid questions :)

Well, that would be the tack to take if software patents are pushed
through. Would take time yes. But at least something to try push for
if software patents go through.

regards,
-- 
Paul Jakma	paul at clubi.ie	paul at jakma.org	Key ID: 64A2FF6A
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Fortune:
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	-- Yul Brynner, 1956