[Fsfe-ie] Swpat directive passed by 7 votes. Effect of amendments wholly cosmetic.

[James Heald]

James Heald wrote:

> First indications are that the Irish presidency has secured political 
> approval for a new draft of the controversial software patents directive 
> in a meeting of the Council of Ministers today -- by 4 votes.
> 
> 
> Belgium (5), Denmark (3), Italy (10), Spain (8) and Austria (4) refused
> to support the new text.
> 
> Estonia (3) voted against.

Correction:  Spain voted against;  Estonia went with the Irish.



> 
> That made 33 votes refusing to support the text -- a mere 4 votes short
> of the 37 needed to block it.

30 votes.

In the initial round of discussions SE, UK, FR, NL, CZ and HU spoke in 
favour of the Irish proposal.

BE, PL, ES, DK, AT, DE, LV and IT expressed reservations.

Summaries/Transcripts available at 	
	http://wiki.ael.be/index.php/V002.ogg
	http://wiki.ael.be/index.php/V003.ogg

However a "compromise" proposed by the Commission was apparently enough 
to bring round the German, Polish and Latvian delegations.

That left ES voting against the proposal; and BE, DK, IT and AT refusing 
to approve it.


> 
> 
> The support of Germany, with 10 votes, was crucial.
> 
> The Irish were only able to get their proposal through with the support
> of Germany, which had been previously been pressing for much tighter
> restrictions.
> 
> It is believed that an amendment was found to satisfy German concerns,
> but the details are still emerging.


On the key issue of what should and should not count as "technical", and 
therefore patentable, the Germans had originally proposed the additions 
shown *thus*:

2b. A technical contribution means a contribution to the state of the 
art in a field of technology which is *new and* not obvious to a person 
skilled in the art. The technical contribution shall be assessed by 
consideration of the difference between the state of the art and the 
scope of the patent claim considered as a whole, which must comprise 
technical features, irrespective of whether these are accompanied by 
non-technical features, *whereby the technical features must 
predominate. The use of natural forces to control physical effects 
beyond the digital representation of information belongs to a technical 
field. The mere processing, handling, and presentation of information do 
not belong to a technical field, even where technical devices are 
employed for such purposes*.

The Commission compromise was to cut this to:

2b. A technical contribution means a contribution to the state of the 
art in a field of technology which is *new and* not obvious to a person 
skilled in the art. The technical contribution shall be assessed by 
consideration of the difference between the state of the art and the 
scope of the patent claim considered as a whole, which must comprise 
technical features, irrespective of whether these are accompanied by 
non-technical features.

ie, so the only effect was to insert the word 'new'.

The Commission also proposed changes to Article 4 and Recital 13, but 
the effect of these is only cosmetic.

But for whatever reason, this was sufficient to win over the German 
delegation, and the Poles and Latvians followed.


Although apparently enough to convince ministers, the text remains as 
uncompromisingly pro-patent as the original Irish draft.

To re-instate amendments in the European parliament requires absolute 
majorities.   This is achievable: many of the amendments did achieve 
this level of support in the first reading.   But some of the votes are 
likely to be very close.

FFII therefore urges supporters to make sure MEP candidates at this 
election truly appreciate the depth of concern about this issue.


========================================================================
Richard Stallman will be giving one hour talk this Friday on software 
patents.

Following the talk, a panel of Euro-candidates from the political 
parties will comment, and lay out their party positions.

     Richard Stallman
     "The Dangers of Software Patents"

     Friday 21 May, 6pm

     Cruciform Building, Lecture Theatre #1,
     University College London,
     Gower Street.

The event is free, and all are welcome.