[Fsfe-ie] SiliconRepublic: ¡Yes¢ vote on EU patents vital to software industry -- Irish Software Asso ciation

Seth Johnson seth.johnson at RealMeasures.dyndns.org
Thu Jun 23 04:47:06 CEST 2005

Seems to me a rush and push from out of Ireland just may be the
right leading factor that's needed.  Seriously consider dropping
all bonds and dedicating efforts to a show of strength.


Ciaran O'Riordan wrote:
> David Golden <david at oldr.net> writes:
> > Note that the ISA has a member company list [1] (save a copy...),
> > several of whom are supposedly pro-linux, and others whose businesses
> > are pretty closely tied to things like apache+php.  It might be worth
> > IFSO querying them
> Yes! this is a great idea.
> >From my resultless attempts to get the Small Firms Association and the Irish
> Small & Medium Enterprises association to make an anti-swpat statement, I've
> learned that the pressure/suggestion has to come from the members.
> This is a fairly easy task to try, and *could* turn out to be very
> effective.
> > [1] http://www.software.ie/Sectors/ISA/ISADoclib3.nsf/wvMembers?OpenView
> Tell them that the Common Position will introduce software patents and which
> will open European software developers and distributors to patent
> litigation, both from European companies, which own 26% of [the currently
> unenforceable] European software patents, and from foreign companies, which
> hold the other 74%.
> Here's some material that might be useful.  I can provide more/different if
> someone tells me of a specific need.
> http://www.ueapme.org/docs/press_releases/pr_2005/050427_CIIcampaign.pdf
> http://www.ueapme.org/docs/press_releases/pr_2005/050621_Computer_Patent.pdf
> Page 165 (and maybe 164) of the US FTC report:
> http://www.ftc.gov/os/2003/10/innovationrpt.pdf
> the report is a 315 page review of the US patent system.  There's 15 pages
> devoted to software patents.  Pages 164 & 165 are the conclusion of that
> section.  It gives 11 ways that swpats have harmed software users and
> industry and no ways they have benefitted them.
> Page #2 of the recent BSA report:
> http://www.bsa.org/eupolicy/loader.cfm?url=/commonspot/security/getfile.cfm&PageID=25161
> This document starts out by defining "computer-implemented inventions",
> which it follows immediately with "(usually known as 'Software Patents' in
> the US)".  This perfectly dispells any (EICTA spread) confusion that CII's
> are something seperate to software patents.
> And it's great to have some stupid US patents (like one-click) plus it's EPO
> equivalent.  Show the MEP the US one, ask "is this a good (worthy) patent?",
> they say "oh, but that's a US patent", then you show them the EPO
> equivalent.  I don't have urls for where to get these pages right now
> though.
> Showing Article 5 paragraph 2 of the Council's text to people that support
> the Common Position could make them think.  Here it is:
>   A claim to a computer program, either on its own or on a carrier, shall
>   not be allowed unless the program would, when loaded and executed in a
>   programmable computer, programmable computer network or other programmable
>   apparatus, put into force a product or process claimed in the same patent
>   application in accordance with paragraph 1.
> (since products and processes are pantentable, and the only extra
>  requirement is that the program runs on a computer: the "unless" means
>  nothing and all programs are patentable.  Why the dorky wording?  If
>  software patents are good, why not say so?)
> http://www.softwarechoice.org/download_files/Common_Position_st11979re01_en04.pdf
> --
> Ciarán O'Riordan,
> http://www.compsoc.com/~coriordan/                             http://fsfe.org
>             Support FSFE's work against software patents by becomming a Fellow
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