17 of the 19 JURI committee members voted for a restart. We're clearly winning this battle, but the next hurdle is talk that McCreevey could ignore JURI's request.
I'm no expert, but he doesn't seem to be the type to be in the pocket of big business, or indebted to any particular large software company.
He seems to pride himself in taking drastic measures, and since no one from "our side" has made contact with him, it's probable he doesn't know how disasterous the Council's text is. He also seems to want to dispell the myth that the EU is a bureaucracy mess.
So It's back to the text editor. We have to show him concisely, understandably, why a move that will delay the implementation of this clarity-bringing directive is required. His decision will be announced on Feb 17.
We could send this letter to entemp and ask them to pass it on, but I want to try contact him directly.
Here's what I've noted so far that he might listen to: ========8<------------------------------------ Every patent is a regulation. The EU must reduce bureaucracy not add to it.
Software must remain a free market where motives for contributing are not limited to those with a commercial end large enough to offset the costs of the patent system. [this needs better wording]
IFSO has always asked for this directive, we need legal certainly, we need to clear up the wording that made companies think that software ideas could become patentable. The Council's text does not give legal clarity.
The costs of patent searches and the possible cost of litigation, whether the litigators claim is valid or not, are too high for all individuals and most businesses.
This is not just raising the barrier of entry to writing software, this is creating a bureaucratic barrier where there was none before.
The parliament fixed this directive by 75% majorities, JURI want it fixed by a 17 or 19 majority.
The US Federal Trade Commission says software idea patents cause nothing but harm. Economists say the same. PriceWaterHouseCooper say the same. ========8<------------------------------------
I'm also going to try to meet him or one of his assistants.
He doesn't have to debate his decision, so he doesn't need to be given a long list of reasons. He needs to be able to concisely justify his move, so we have to give him just that.
Most of my info is direct from FFII people here in Brussels, so it should be accurate, but it's possibly not published elsewhere. I'm not told to keep anything secret though, so I'm not sitting on any more info that what I post here.
A few comments/suggestions:
On 7 Feb 2005, at 13:59, Ciaran O'Riordan wrote:
Here's what I've noted so far that he might listen to: ========8<------------------------------------ Every patent is a regulation. The EU must reduce bureaucracy not add to it.
Software must remain a free market where motives for contributing are not limited to those with a commercial end large enough to offset the costs of the patent system. [this needs better wording]
How about something like:
"Patents only make sense where the cost to society and other innovators of permitting a monopoly over the invention is outweighed by the motivation provided to the inventor by the prospect of obtaining the patent. In the case of software, this is *never* the case, even for the cleverest of software inventions. For this reason, patents on software, rather than promoting innovation, actually stifle it."
This is the most concise way I can think of which explains what is fundamentally wrong with patents on software.
IFSO has always asked for this directive, we need legal certainly, we need to clear up the wording that made companies think that software ideas could become patentable. The Council's text does not give legal clarity.
Perhaps pointing out that the Council text actually removed amendments which attempted to provide definitions for the terms used in the Directive (eg. "technical contribution").
The costs of patent searches and the possible cost of litigation, whether the litigators claim is valid or not, are too high for all individuals and most businesses.
This is not just raising the barrier of entry to writing software, this is creating a bureaucratic barrier where there was none before.
The parliament fixed this directive by 75% majorities, JURI want it fixed by a 17 or 19 majority.
The US Federal Trade Commission says software idea patents cause nothing but harm. Economists say the same. PriceWaterHouseCooper say the same.
These points do a great job of explaining why software patents are bad, but perhaps isn't strong enough on explaining that the current Council text would permit software patents, given that its proponents claim that it doesn't (perhaps referring to the consultation done by Poland last year where a bunch of industry experts all, eventually, agreed that the Council directive *would* permit software patents).
Ian. -- Founder, The Freenet Project http://freenetproject.org/ CEO, Cematics Ltd http://cematics.com/ Personal Blog http://locut.us/~ian/blog/