Re: Argumenting against software patents proposal

[Hartmut Pilch <phm@a2e.de>]

> As I am opposed to the acceptance of the software patents proposal by the
> European Parliament, I would like to express my concerns about some
> arguments that are being used against it, and which may easily backfire.
> If defective arguments are used, which can be shown false by the proposal's
> supporters by pointing at the facts, this would put our cause in a bad
> situation.

You just need to read swpat.ffii.org in order to be sure you have only
good arguments.

> For example, in the explanation of article 5, it says "It should be noted
> that the proposal has not followed the practice of the EPO in permitting
> claims to computer program products either on their own or on a carrier".
> I conclude from this clever wording that patent law, based on this
> proposal, will not limit whatsoever the development or distribution of
> software "as such", and therefore an argument based on a supposed
> limitation of free speech can be made worthless by pointing at this part of
> the proposal!

1. JURI discarded this part of the proposal and introduced program claims
   (COMP-1)
2. It doesn't help a software developper very much if he can "only" be
   sued for contributory infringment.

It is clear from the CEC memorandum that they have no interest whatsoever
in protecting the freedom of publication.  They were forced to accept Art
5 as a compromoise, and they introduce it in a way that minimises its
practical meaning, while using it for PR purposes ("look how restrictive
we are, we dared to stub our nose at US pressure ...")

It became quite clear that DG Internal Market is pushing its friends in
Council and JURI that they should reintroduce program claims.  They hate
article 5 and anyone who has eyes and reads the CEC text can understand
the signal.

> By the way, I have wondered about the absence, on the ffii web site, of
> prominent links to the actual proposal (I haven't found them). Making them
> accessible may reduce the confusion of opinions by being able to compare
> them to the actual text!

The actual text is found at

        http://swpat.ffii.org/papers/eubsa-swpat0202/prop/

and links to the CEC site version are found at

        http://swpat.ffii.org/papers/eubsa-swpat0202/

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
150,000 votes 2000 firms against software patents    http://noepatents.org/