Re: Fight the Patent Foundation

[Seth Johnson <seth.johnson@RealMeasures.dyndns.org>]

Brandon, please help the folks at ffii.org organize to get the EU Council to
recognize the recent EU Parliament vote for what it was: a rebuke of the
recent attempt of the EU Commission to get them to pass a duplicitous law
that pretends to "clarify" software patent policy in Europe (where software
patents are quite simply illegal), but which would actually codify the
practice of the EPO (European Patent Office), of granting software patents
(they've granted on the order of 30000 in the last few years).

You can drop all else just for this week and put in this effort right now,
to bring about the most important impact that the software patent struggle
will have received in its whole history.

The Parliament put a lot of astounding amendments on the proposal that
almost completely turned it upside down, into a law that actually does
declare in no uncertain terms that software is not patentable.  This was
largely due to the hard, assiduous work of the hardy band at ffii.org.  The
next legal body in the EU legal process for the law is the Council of
Ministers, who may move to discard the amended version entirely, or may
revise it to turn it back into a weaselly document.

If we mobilize a strong public voice on this, *right now,* we can STOP
SOFTWARE PATENTS COLD within the next very few months.  It really comes down
to that -- get Europe to face reality, and we will have gotten Europe to
clearly draw the line in the sand for the rest of us.

The alternative is that they will pass a weaselly law that will gut the
clear and definite language in the European Patent Convention (computer
programs as such cannot be patented), and this result will be with Europe,
and undermining the prospects of the struggle for everybody else, for years
to come.

What they've been doing in the EPO is using various bizarre interpretations
of the words "as such" to turn the meaning of language banning software
patents backwards.

Seth

Brandon Shalton wrote:
> 
> I have been following these emails with great interest...especially since i
> am currently involved in the personal crusade to bring awareness and the
> search for prior art involving Acacia Research, SightSound, and USA Video
> over their claims of having patents for the downloading of audio/video from
> a server.
> 
> I am tracking these particular issues at http://www.FightThePatent.com
> 
> I have recently formulated a plan to start a non-profit (501c3) organization
> called Fight The Patent Foundation.  More info at
> http://www.FightThePatent.com/v2/FTPF.html
> 
> I have already contacted EFF.org, and they aren't focused on patent issues
> at this time. Given the wide range of patent abuse cases and broad patent
> claims, the timing seems right for this kind of organization.
> 
> I am currently trying to raise pledges and donations to help launch this
> entity that has an altruistic method for finding prior art. More details on
> the above page....
> 
> In addition to being involved full time in my personal efforts against these
> patent abuse cases, I have started my studies on Patent Law to prepare for
> my eventual taking of the Patent Exam. I am not an attorney, but i have a
> strong technical background, the requirement for taking the Patent Exam.
> 
> These patent abuse cases hamper innovation and create financial burdens on
> companies trying to defend against licensing fees.
> 
> Now back to your regularly scheduled listerv....
> 
> -brandon

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