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fyi -- just got this from Avril Doyle's office. So BillG is
coming to lobby...
- --j.
- ------- Forwarded Message
> Date: Mon, 31 Jan 2005 15:14:49 +0100
> From: "DOYLE Avril" <adoyle at europarl.eu.int>
> To: "DOYLE Avril ASSISTANT" <adoyle-assistant at europarl.eu.int>
> Subject: Software Patents - Innovation or Litigation? - Doyle
>
> AVRIL DOYLE MEP
>
> For The East
>
> Leader of the Irish Delegation of the EPP-ED
>
>
>
> Monday 31st January 2005
>
>
>
> PRESS STATEMENT
>
>
>
> Software Patents - Innovation or Litigation?
>
>
>
> · Microsoft Chairman Bill Gates to address MEPs
>
> · Doyle questions the impact of proposed Software Patents Directive
>
>
>
> Speaking in advance of meetings to be held tomorrow (Tuesday) between
> Bill Gates, the chairman of Microsoft, and representatives of the
> European Parliament, Avril Doyle MEP called on the Council and the
> Parliament to carefully consider the implications of the draft
> directive on computer implemented inventions or the "Software Patents
> Directive".
>
>
>
> The Directive, which is currently being debated in the European
> Council, prior to a second reading in the Parliament, aims to clarify
> and harmonise the laws of the EU Member States, in line with EuropeŽs
> obligations under the WTO's Agreement on Trade-Related Aspects of
> Intellectual Property Rights (TRIPS). The implications of this
> legislation for Irish software developers and the economy at large
> are a matter of great concern. It will considerably clarify
> strengthen the mandate of the European Patents Office by codifying
> existing case-law.
>
>
>
> Doyle said "While a proper legislative framework is required to
> provide legal certainty for businesses operating in the area of
> software development, we need to be extremely careful that the right
> balance is struck between safeguarding affordable access to basic
> information for both large and small IT companies, and protecting the
> intellectual property of developers who design genuinely innovative
> products".
>
>
>
> "Protection for legitimate investment in research and development is
> essential to foster innovation, however US-style patents are not the
> only option. The effects of large-scale pre-emptive patenting by the
> software industry big players is a highly contentious issue in the
> United States. Many experts are of the belief that the US patenting
> system has directly led to the establishment of monopolies and a
> consequent reduction in competition - the end result of which has
> been a restriction of choice and increased prices for consumers.
> Legislators in Europe must learn from the experience of the United
> States before setting rules at a European level. I will be very
> interested to hear the views of Mr. Gates in relation to this
> debate".
>
>
>
> Commenting on the key points of dispute in the draft Directive, Doyle
> said "Above all, we do not want to go down the road of instigating
> lengthy legal battles. The wording of the Directive must be
> sufficiently unambiguous to keep disputes over intellectual property
> in this highly dynamic field out of court in so far as possible.
> Without a clear definition of what constitutes a "technical
> contribution to the state of the art", that takes into account rapid
> technological advances, the legislation will not be worth the paper
> it is written on".
>
>
>
> ENDs
>
>
>
> For further information please contact:
>
> Majella O Doherty M: 00 32 475 75 22 53 E: modoherty at europarl.eu.int
> <mailto:modoherty at europarl.eu.int>
>
>
>
> Or Avril Doyle MEP for the East
>
> T: 00 32 2 28 47584
>
>
>
> - The Fine Gael Delegation belongs to the EPP-ED which is the largest and most influential political group in the European Parliament.
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I've been meeting FFII folk her in Brux, so the following should be pretty
accurate.
The directive is not on the agenda for Jan 31 (the next fisheries-type
meeting), and it's not expected to appear on the agenda between now and
Monday. Not sure who's blocking it this time.
On Feb 2nd and 3rd, JURI will be meeting and they are expected to vote on
whether or not to take the directive back to a first reading. I spoke to
our JURI rep Brian Crowley's assistant on Wednesday and I think he'll vote
in favour of the restart. (the restart would allow the EP to fix the
directive again)
If JURI are unsuccessful in getting a restart, we can still ask our other
MEPs to call for a restart. The requirement is that 37 MEPs sign a
petition. 61 signed an earlier petition but "the tabling office" are
disputing the acceptability of that petition. The tabling office are
believed to be on shaky ground with their rejection, so there should be a
restart if we just push our MEPs to not let them forget this issue.
In the mean time, we still have to try get this directive changed from an
A-item to a B-item on the Council's agenda - meaning it would be discussed
rather than just pushed through.
Either a restart OR getting it made a B-item would be a big win for us and
both are within reach.
Our letter to Brian Crowley was sent this morning:
http://www.ifso.ie/cgi-bin/wiki.cgi/SoftwarePatents_2fJuriLetter1
The letter I was working on will be sent some time next week with the aim of
getting the directive moved to a B-item.
So it's good news on the swpat front, and no rush for doing anything before
monday.
Have a good weekend.
--
Ciarán O'Riordan
http://www.compsoc.com/~coriordan/
Free Software in Ireland: http://ifso.ie
All
Just spotted this on OSNews. OK, I know the qualms about recognising validity
but I wonder if this is some sort of momentum building up, and who else might
follow, HP? Microsoft~!?
http://www.sun.com/smi/Press/sunflash/2005-01/sunflash.20050125.2.html
Mel
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Okay, I've faxed the JURI letter to the two fax numbers given for Brian
Crowley:
http://www.ifso.ie/cgi-bin/wiki.cgi/SoftwarePatents_2fJuriLetter1
I made some corrections. I've also added a page to the wiki:
http://www.ifso.ie/cgi-bin/wiki.cgi/CommonMistakes
where we can record the common grammatical and stylistic error we make and
try to avoid repeating them. If you disagree with any of my comments,
please use the wiki to debate them. By the way, I fully appreciate the fact
that most of our letters are written in haste. I also know that I make many
of these errors myself.
Good luck,
Malcolm.
_________________________________________________________________
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Includes a good description of the role of parliament, and the consequences,
in re-starting the legislative process in parliament.
http://www.edri.org/edrigram/number3.2/softpat
Teresa
On Tuesday, January 25, 2005 at 20:08 +0000, Glenn Strong wrote:
> On , January 25, 2005 at 15:34 +0000, Ciaran O'Riordan wrote:
> > > persuade our MEP in JURI (Brian Crowley) to ask parliament to restart the
> > > directive.
> >
> > The current letter wouldn't be good for this purpose. Crowley is well aware
> > of the problems and harms of software idea patents. When we write to him,
> > we have to give legislative grounds for a restart, and show that this tough
> > measure is justified.
>
> I agree. I'm working up something based on our earlier letter. I'll
> pop it on the wiki later this evening and mail the list.
Evening, morning, who can tell any more.
http://www.ifso.ie/cgi-bin/wiki.cgi/SoftwarePatents_2fJuriLetter1
There are many, many rough edges. Most notably there are some bullet
points near the end that need to be fleshed out and facts that need
checking.
The first thing we need, though, is the overall style & approach to be
checked. If you have time please give this a quick read through and
leave comments either on the wiki or by email to the list.
--
Glenn Strong