[ILUG] Software Patents Agreement Adopted

[Daniel Goldsmith]

On Mon, 7 Mar 2005 15:27:34 +0000 (GMT), Paul Jakma <paul at clubi.ie> wrote:

>         http://lwn.net/Articles/126513/
> 
> Seems to hint at what I wanted to know, whether the proposed
> constitution gives the EP more teeth to carry out its role of
> oversight: no it doesnt, it gives the council even more power.

Not just according to the ffii, this was one of the major motivating
factors behind the constitution for the larger states. Apparently,
having 25 members parliaments having a say would just cause too much
difficulty - very messy don't you know, better to have the power
concentrated to get things done.

It is one of the main truths about power that, once given, it is very
difficult to take it away again. The US constitution does it, mainly
by devolving authority to the states and their electorates (and no,
I'm not trolling for a Bushitler Halliburton flame). That power grab
was effected through a revolution, pretty much the only way to take
power back once given.

In Europe, power has been sifting upwards to the Council/Commission
for decades, and the Constitution is just the latest de juris
recognition of this de facto situation.

It says miuch that the meeting which pushed through the patents
directive (thus far) was apparently made up of members who didn't know
the rules under which they operate, allowing the Luxembourger
presidency to put the item through in direct violation of those rules.
Of course, doing anything about that now would be a violation of the
'entente' which governs the Council/Commission - that is to say the
system of so-called gentlemanly agreements.

Say after me - Graft Graft Graft, Graft Graft Graft!

Regards,

Daniel