Karlsruhe, June 2005
Memorandum on Software Patentability
We, the undersigned, share a vision of Europe as a lively, creative
and competitive part of the world. This vision is based on the
principles of participative democracy and the freedom to innovate; these
rely on Europeans being free to develop software and to distribute
their work, free from the threat and the restrictions of software
patents.
Information and Communication Technologies (ICT) play a central
role in all areas of the economy today, and they are the foundation
of the knowledge economy, in which Europe continues to excel.
Our vision is to see the European ICT industry become the most
vibrant in the world - and the European Parliament shared this
vision, when it made the necessary amendments to the directive on
computer-implemented inventions during its first reading on 24
September 2003.
That directive is better known as software patent directive
because in its original version it not only allowed patents on
computer-aided inventions, it also allowed patents on the
algorithms and logic of the software itself.
In what was the one of the best and most laudable examples of
democratic participation, companies and non-profit organisations
together outlined the likely harmful consequences to democracy,
competition, innovation and employment.
On 18 May 2004 the Council of the European Union frustrated
those democratically-reached positions - they restored the
original proposal with unlimited patentability of software.
They ultimately adopted this position on 7 March 2005 in
defiance of regional and national political processes, as well
as the scientific findings by the German Monopolkommission, [1]
which regularly reports about dangers to competition to the
Federal Government of Germany; the Massachussetts Institute of
Technology (MIT) [2]; the Boston University School of Law [3];
Deutsche Bank Research [4]; Price Waterhouse Coopers [5]; and
the US Federal Trade Commission[6].
Patents on software are among the worst threats to knowledge-based
industries, by restricting software development: they make
computers less secure, less reliable and prevent
competition on a basic level. Lack of competition and
uncalculable legal risks raise the cost of ICT and cost jobs
wherever the economy depends upon them.
The most essential discoveries in the field of ICT were successful
because they were not patented, for instance the invention of the World
Wide
Web by Tim Berners-Lee. If software patents are enacted, the
world will never know which discovery could have been the next
World Wide Web.
On 6 July 2005, the directive will once again enter the European
Parliament for its second reading: In the interest of Europe and
its democratic roots we urge you to once more make the necessary
amendments to turn this software patent directive into a directive
that allows patents on computer-aided inventions, but clearly
prevents software patenting.
Georg Greve
President
Free Software Foundation Europe (FSFE)
Christa Dahme, Bundesvorstand Deutscher Gewerkschaftsbund (DGB)
Annette Mühlberg, Head of eGovernment, ver.di - United Services
Union-Headquarters, Berlin
Dr. Wolfgang Kowalsky, European Trade Union Confederation
(ETUC)
and more than two hundreds of visitors to GNU/Linuxtag, Karlsruhe
1 http://swpat.ffii.org/archiv/zitate/index.de.html#mopoko0207
2 http://www.researchoninnovation.org/patent.pdf
3 http://www.researchoninnovation.org/swpat.pdf
4
http://www.dbresearch.com/PROD/DBR_INTERNET_EN-PROD/PROD0000000000175949.pdf
5
http://www.pwc.com/Extweb/pwcpublications.nsf/docid/EC6DE73A846581CE80256EF…
6 http://www.ftc.gov/os/2003/10/innovationrpt.pdf
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organisation dedicated to all aspects of Free
Software in Europe. Access to software determines who may participate
in a digital society. Therefore the Freedoms to use, copy, modify and
redistribute software - as described in the Free Software definition-
allow equal participation in the information age. Creating awareness
for these issues, securing Free Software politically and legally, and
giving people Freedom by supporting development of Free Software are
central issues of the FSFE. The FSFE was founded in 2001 as the
European sister organisation of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
FSFE: Raffle of handheld computer with GNU/Linux to a lucky Fellow
Xtops.DE and Free Software Foundation Europe (FSFE) to offer SL-C1000
handheld computer with GNU/Linux to a lucky Fellow.
Berlin based mail order company Xtops.DE has become what FSFE hopes is
the first of many hardware vendors to support FSFE's Fellowship program
by offering a hardware prize to reward those who join.
The SL-C1000 up for grabs runs GNU/Linux on a 416MHz processor, with
64MB RAM and 128MB of Flash memory for the Free Software you want, and
has a 3.7-inch full colour screen and QWERTY keyboard for easy use.
The lucky fellow will be chosen at random at 14h00 on June 25th from all
Fellows whose contribution has been received before that date. The draw
will take place at GNU/LinuxTag in Karlsruhe, Germany.
Xtops.DE manager Werner Heuser comments: "We are happy to help FSFE to
come up with its fellowship. As we are part of the Free Software
community, we want to make a contribution where we know it will make a
difference. Being the first is nice too, we get to be trend setters
here."
President of FSFE, Georg Greve, adds: "Offering one of our supporters
this cool hardware running GNU/Linux is great. As well as encouraging
people to sign up to the Fellowship, we get to show that Free Software
can operate state-of-the-art handheld computers. This has been true
for a long time, but not everyone knows it."
Greve continues, "We're greatful to Xtops.DE for their pro-active
support. 300 Fellows have already signed up and paid their dues, and
we've only started. We are also condidering talking to to companies
that benefit from software freedom, to discuss having them finance
Fellowship membership for their employees. For this, the OpenPGP
compatible smartcard that all Fellows receive might prove to be a
valuable incentive. Organised by Werner Koch, the main author of GNU
Privacy Guard, these smartcards make encryption convenient and even
harder to circumvent, so people can make their data secure."
For people wanting more specifics about the SL-C1000, it has an XScale
PXA270 416 MHz processor, 64 MB SDRAM + 128 MB Flash, 3.7-inch 640x480
screen with 64k colours, headphones and microphone socket, IrDA 1.2,
USB, mini QWERTY Keyboard, CF Card Slot Typ II, SD/MMC Card Slot,
Lithium-Ion battery, and 100-240V Power-Adapter. It measures 4.9 x
3.4 x 1 inches (124 x 87 x 25mm) and weighs 10 oz (278 grams).
Of course, when people see that FSFE is involved, they can be sure
that the software on the device respects their freedom.
Instructions for becoming a Fellow, and more information about the
goodies available to Fellows, can be found at the Fellowship website:
http://fsfe.org/
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organisation dedicated to all aspects of Free
Software in Europe. Access to software determines who may participate
in a digital society. Therefore the Freedoms to use, copy, modify and
redistribute software - as described in the Free Software definition-
allow equal participation in the information age. Creating awareness
for these issues, securing Free Software politically and legally, and
giving people Freedom by supporting development of Free Software are
central issues of the FSFE. The FSFE was founded in 2001 as the
European sister organisation of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Media Relations - FSF Europe (http://fsfeurope.org)
Join the Fellowship and protect your freedom! (http://www.fsfe.org)
FSFE: "Microsoft abuses the good will of Ms. Kroes" - "European
Commission is about to enter legal house-to-house fighting!"
"The grammar of human language, the railway track width and the radio
frequency of the telephony system have something in common", Georg
Greve, president of Free Software Foundation Europe (FSFE) says:
"These conventions are supposed to make co-operation and interaction
between human beings and technical equipment possible. Conventions
can never be 'inventions'!"
In software, this does not seem to be so obvious to everyone: The
European Commission published a press release yesterday regarding
new proposals from Microsoft in the pending antitrust suit in which
FSF Europe is participating as a third party, also representing the
Samba Project.
According to this release, Microsoft wants to ban software developers
from publishing Free Software on the basis of the interface
information requested. This information is needed for Windows and
GNU/Linux-based computers to interoperate in a company network.
"The proposal specifically precludes the information from being used
in a Free Software implementation, such as the Samba workgroup server
software. As Samba is the only remaining major competitor of Microsoft
in this market, the Microsoft proposal translates to: Of course we
will give you the specifications - unless you happen to be a serious
competitor of ours, that is," explains Greve. "The European Court
decided in December 2004 that Microsoft is to publish this information
immediately. This proposal, if accepted, will effectively revert the
court decision for the most serious competitor of Microsoft in this
market."
Regarding publication of the specifications, the commission concludes
"This should be possible for the protocols that do not embody
innovations."
"By accepting the notion that some protocols may be considered
innovation, the European Commission opened a pandora's box of legal
house-to-house fighting: Microsoft will declare all the protocols
as innovative and will defend them for as long as they can. Its
would-be competitors and the Commission on the other hand will never
be able to compete with Microsoft's army of several hundreds
lawyers", Greve explains in a press release of FSFE.
He concludes: "We therefore recommend to not be misled by the incorrect
notion of applying the label of inventions to mere conventions -- and
decide about the new fine. It is very clear to us that Microsoft is
trying to drag its feet as long as they can. This way they are abusing
the good will of Ms. Kroes at the expense of European citizens and the
economy."
"We are keeping our engagement to ensure our best support to the
Commission in this litigation, even under these circumstances and
without any real achievement on the implementation of the measures.
However, I am still confident that our views will prevail, as I have
been personally reassured that the Commission takes our position in very
high regard" closes Carlo Piana, who is representing the FSFE towards
the European Court.
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organisation dedicated to all aspects of Free
Software in Europe. Access to software determines who may participate
in a digital society. Therefore the Freedoms to use, copy, modify and
redistribute software - as described in the Free Software definition-
allow equal participation in the information age. Creating awareness
for these issues, securing Free Software politically and legally, and
giving people Freedom by supporting development of Free Software are
central issues of the FSFE. The FSFE was founded in 2001 as the
European sister organisation of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Media Relations - FSF Europe (http://fsfeurope.org)
Join the Fellowship and protect your freedom! (http://www.fsfe.org)
1. General Assembly in Vienna, Austria
2. Access to Knowledge (A2K) meeting in London, UK
3. Romanian discussion mailing lists
4. LinuxWorldExpo in Milano, Italy
5. Linuxwochen Wien, Vienna, Austria
6. Software patent conference in Udine, Italy
7. Alessandro Rubini in Bologna
8. FSFE very active in Brussels
9. Freedom Party in Berne, Switzerland
10. FSFE looks for new intern
1. General Assembly in Vienna, Austria
On 7th May 2005, the general assembly of FSFE met in Vienna, Austria to
review the activities of the past year and plan ahead for the next year
to come. As this was the end of the second electoral period for FSFE's
extended executive committee, the executive committee presented another
two-year executive summary. The general assembly thanked its executives
for their excellent work of the past two years and unanimously reelected
the entire extended executive committee.
http://www.fsfeurope.org/documents/reports/es-2005.en.html
2. Access to Knowledge (A2K) meeting in London, UK
The A2K initiative has its background in the ongoing debate of a
reform of the UN World Intellectual Property Organisation. On 12th and
13th of May, representatives of various civil society initiatives,
universities and governments as well as independent activists met to
discuss a possible treaty on "Access to Knowledge" to be proposed on
United Nations level. Georg Greve took part in the meeting for FSFE
and provided input on issues such as Free Software, software patents
and open standards. He also chaired the session on Authors and
Performers. The A2K treaty would be an important milestone to truly
transform WIPO into a "World Intellectual Wealth Organisation."
http://www.fsfeurope.org/documents/wiwo.en.html
3. Romanian discussion mailing lists
After he translated several pages of the FSFE website to Romanian, Adi
Roiban volunteered to manage a Romanian speaking discussion mailing
list about Free Software topics (fsfe-ro at fsfeurope.org) and one
about Free Software in education in Romania (edu-ro at
fsfeurope.org). The FSFE happily hosts these lists, along with several
other mailing lists on Free Software topics.
http://mail.fsfeurope.org/mailman/listinfo
4. LinuxWorldExpo in Milano, Italy
Most people of the Italian team were present at the LinuxWorldExpo in
Milano. Stefano Maffulli held a speech about the Fellowship and
participated in a round table discussion about open standards and
free software. Alessandro Rubini spoke about documentation and
licensing issues in free software development; he also served as
chairman of the "Linux for embedded devices" session. Emmanuele
Somma of the Italian team spoke about free software adoption in
financial institutions, and Free Ekanayaka presented the Agnula
project. Thanks to the work of the Italian team and volunteers, the
highest amount ever of donations from an Italian event was achieved.
5. Linuxwochen Wien, Vienna, Austria
Linuxwochen Wien (Linux weeks Vienna), Austria's biggest Free Software
event, took place from 24 to 27 May. Karin Kosina opened the event
with a keynote on 24 May and held a speech about the importance of the
term "Free Software" on May 26th. On 25 May, Georg Greve gave the
keynote for the "B2B and public administrations" day. Both also took
part in several panel discussions.
6. Software patent conference in Udine, Italy
Italian team members Stefano Maffulli, Alessandro Rubini and Fabrizio
Veutro participated as speakers in a conference about software patents
organised by the Udine University. University staff members organised
this event to counter ongoing efforts to push for unlimited patenting
during University activities.
7. Alessandro Rubini in Bologna
On 20 May, Alessandro Rubini talked in Bologna, in a lesson organised
by Prof. Renzo Davoli within the "Master in Tecnologia del Software
Libero e Open Source", about the economic models of Free Software
development.
8. FSFE very active in Brussels
Ciaran O'Riordan, FSFE's full-time representative in Brussels, is
still working closely with the FFII on the software patent issue. He
met several members of the European Parliament and had good contacts
with the press, for example the German magazine Spiegel and the Wall
Street Journal Europe. He also organised a Freedom Party on 2 June in
Brussels where Fellows of FSFE and other friends of Free Software
could meet and celebrate digital freedom together.
9. Freedom Party in Berne, Switzerland
FSFE's associated organisation Wilhelm Tux organised the first Swiss
Freedom Party in Berne on 21 May. The party, although small, gathered
some 25 people from all over Switzerland. Myriam Schweingruber,
president of Wilhelm Tux, explained the work of FSFE and presented the
Fellowship and its CryptoCard. Alex Schroeder, vice-president, recalled
the importance for the Swiss, although not in the EU, to collaborate
actively with the FSF Europe on such important issues as software
patents, proprietary software monopolies and more.
10. FSFE looks for new intern
FSFE intern Karsten Gerloff has just entered the last month of his
internship. His work consists of handling most of FSFE's office tasks,
promoting the Fellowship and assisting Georg Greve in the Hamburg
office, as well as sometimes on his travels. The FSFE is looking for
someone to succeed him as soon as possible.
http://www.fsfeurope.org/contribute/internship.en.html
You can find a list of all FSF Europe newsletters on
http://www.fsfeurope.org/news/newsletter.en.html