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Trivial patents *not the problem* (was: Re: [ILUG] Re: ILUG sends s/w patents briefing document to Irish MEPs)

Trivial patents *not the problem* (was: Re: [ILUG] Re: ILUG sends s/w patents briefing document to Irish MEPs)

Barry O'Donovan mail at barryodonovan.com
Mon Mar 21 14:40:03 GMT 2005


On Monday 21 March 2005 14:02, Colm MacCarthaigh wrote:
> Why 
> shouldn't democratic society decide that we can do without software
> hobbyists in favour of greater employment (say) ? That's the argument
> you have to explain.

No one is suggesting (that I can see) that democratic society shouldn't 
decide this. In fact democratic society did decide; it decided (through 
our elected MEPs in the E.U. parliament) to pass the bill with 
amendments that would not allow the patentability of software in 
September 2003.

However, in May 2004 the European Council, under the Irish Presidency, 
discarded most of the Parliament's amendments. Now, after numerous 
other wrangling, it is going back to the Parliament, but, this time, as 
its a second reading in the parliament, an absolute majority is 
required to again amend the directive or to defeat it. i.e. all 
absences and abstentions technically support the directive. 

I know these are the rules and regulations of the E.U. and that we, the 
Irish nation, voted on a number of treaties to put these into place. 
But, having said that, my democracy indicator is pretty low on this 
one.

Now, from another perspective, the large multinationals that support 
software patentability (or any other directive or law) usually have 
well paid professional lobbyists working in Ireland and in the E.U. (as 
well as the other member states). These people have the ear of the 
politicians because they bring big money into the country by way of 
capital investment, corporate tax, jobs etc. Fair enough. FOSS 
hobbyists and enthusiasts do not have equivalent lobbyists. Nor the ear 
of politicians without a lot of hard work. So, usually, the people we 
elect to represent us hear loudly and directly from the multinationals 
and whispers, if at all, from the rest of us. This may be the 
democratic society we live in but it doesn't seem very fair.

> we can do without software hobbyists in favour of greater employment
> (say) ? 

Well we have had both software hobbyists and inceasing employment for 
years. They have happily co-existed. Are we not the (or at least one 
of) the biggest software exporters in the world? This is the 
status-quo. We do not need to prove the argument that software 
patentability will yield greater employment because we do not have 
software patentability and we do have a growing number of ICT jobs.


Regards,
Barry O'Donovan

http://www.barryodonovan.com/
http://www.ihl.ucd.ie/	

Public key: http://www.barryodonovan.com/gpg.asc




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