Your notes on directive COM(2002)92

[Xavi Drudis Ferran <xdrudis@tinet.org>]

Ms. Arlene McCarthy MEP

I read last month in the news that you wanted an open debate on the 
software patent directive, after having read a note from you that 
was distributed after the May 7th and 8th conference on software
patents in the European Parliament, in mailing lists and the web,
where people interested in the conference could see it. 

I mean the note in 
http://swpat.ffii.org/events/2003/europarl/05/contrib/amccarthy/amccarthy030503.pdf
 
 
In this note, I can read some worthwhile goals and some misconceptions
about the positions of people arguing to keep software clear of
patents.  It sometimes seems you may be thinking opponents to software
patents are asking that mere use of software would render a patentable
invention unpatentable.  This and other misunderstandings may have
been impeding a more fruitful debate all this time.

So I've tried to write as clear as I could what we (Caliu) think that
should be patentable and what not, why some of your stated goals are
important and how I think the EU could get closer to them by passing
some of the amendments in ITRE, CULT and JURI beyond some of those
in  your draft report. But also about things which I don't understand
in your document, or where some stated goals would seem to conflict 
with other stated goals, or with basic notions on what software is,
how it is developed, or how computers work, so that you can correct
any misconceptions on our side too. 

Our comments are at

http://patents.caliu.info/aboutMcCarthyConsiderations.pdf

We're sorry if it is too long, but we felt the importance of the issue
justifies starting the open debate you were proposing in as clear
terms as possible. We would like to invite you to comment on our views
in a mailing list which has been for the last years holding much
public debate on the usefulness or danger of software patents,
concrete criteria to apply, news and caselaw. You find the web interface
at 

http://www.aful.org/wws/arc/patents

You can subscribe to the list, to get messages that are sent 
to it, or write to the list at patents@aful.org to have your message
sent to all subscribers and archived in the web. 

We hope it's not too late to at least understand each other's views
in such an important and polemic issue. European competitivity and 
values are at stake. 

Kind regards. 

Xavi Drudis Ferran
xdrudis@tinet.org
Caliu (association of Catalan speaking GNU/linux users)
http://patents.caliu.info