Re: [Patents] an update of the norm for patents and copyright

[James Heald <j.heald@ucl.ac.uk>]

Stefano Maffulli wrote:

> Hi all
>
> an italian journalist is pointing me this link.  I never heard of this,
> did any of you study if there are implications for free software or for
> the general software industry?
>
> http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/470|0|RAPID&lg=EN
>
> thanks for help,
> stef


Stef,

More detailed information can be found in the links under:
http://europa.eu.int/comm/competition/antitrust/legislation/entente3_en.html#licensing

In particular, the detailed text of the new regulation, and accompanying 
guidelines:
http://europa.eu.int/comm/competition/antitrust/legislation/licensing_arrangements/en.pdf
http://europa.eu.int/comm/competition/antitrust/legislation/licensing_arrangements/guidelines_en.pdf

There are also the comments received from various parts of the industry 
to the draft of the text issued last year:
http://europa.eu.int/comm/competition/antitrust/technology_transfer_2/


Speaking for FFII, I don't think that anyone has yet made a thorough of 
the new regulation; but there was some brief discussion about the draft 
version of this regulation on some of the lists just before Christmas; 
and also some of the industry comments on that draft make for 
interesting reading.

My initial reading is that there is nothing here that would upset the GPL.

Some of the provisions may affect some clauses of commercial EULAs -- 
see eg the BSA's comments on the draft; also comments from the Society 
of Licensing Executives (LES); and comments from some University 
technology transfer offices.

I haven't had time to assess these comments, nor to check whether the 
directive has been changed much as a result.

   James.