[ffii] Dutch Parliament adopts motion to block software patents A-item

[PILCH Hartmut <phm@a2e.de>]

----- Forwarded message from Jonas Maebe <jmaebe@ffii.org> -----

To: news@ffii.org
Date: Thu, 10 Feb 2005 22:59:30 +0100
Subject: [ffii] Dutch Parliament adopts motion to block software patents 
A-item

PRESS RELEASE FFII -- [ Europe / economy / ICT ]

======================================================================== 
Dutch Parliament adopts motion to block software patents A-item
======================================================================== 

The Hague, 10 February 2005 -- The Dutch Parliament just has adopted a
motion requesting its government to prevent the software patents
directive from appearing as an A-item on the Council agenda before the
Commission has answered the European Parliament's request to restart the
directive. State Secretary Van Gennip has confirmed she will execute the
motion as intended. It is now the Commission's turn to act.

Halfway the preceding debate, Van Gennip admitted that she would think
it be "unwise" if Luxembourg would put the issue on the agenda next
week. A subsequent question from the Parliament asking her why she then
did not want to support a delay, put her in a difficult position. Her
only defense was that she did not want to obstruct the Council
Presidency.

The motion, filed by MP Arda Gerkens from the SP, was later on adopted
with a narrow majority of 71 votes in favour and 69 against. Support
came from PvdA, SP, GroenLinks, D66, ChristenUnie and LPF. CDA, VVD and
SGP voted against. Van Gennip was not very eager to obey the motion, but
nevertheless confirmed she will follow it.

The motion is important because despite the request of the Legal Affairs
Committee (JURI) of the European Parliament to the Commission to provide
a new proposal, the Council still aimed to adopt its beleaguered text.

During the past weeks, several sources had indicated that the directive
would be placed as an A-item (i.e., a formal point without discussion)
on the agenda of the Council meeting on Economy and Financial Affairs,
which starts at 10 o'clock on 17 February. That same day, at noon, the
Conference of Presidents of the EP will normally formally submit the
JURI request for a restart to the Commission.

"By attempting to preempt both the decision of the Conference of
Presidents and the reply from the Commission, the Council was trying to
extend its state of denying that there is anything wrong", Jonas Maebe,
board member of FFII, said. "The Dutch Parliament temporarily puts the
Council sausage machine on hold, so that the other EU institutions get
time to work things out properly. I just hope the Dutch government will
actually execute this motion."

In July 2004, the Dutch Parliament already adopted a motion calling upon
its government to refrain from further supporting the Council text. The
Dutch government has refused to carry out this motion, and said that it
would only change positions if discussions were reopened.

The FFII is organising a demonstration in support of the Dutch
Parliament and the EP's Conference of Presidents on 17 February in
Brussels, when the Council intended to adopt its May 2004 text as an
A-item. A press conference will be held at the Marriott Renaissance on
19, Rue du Parnasse, from 13h30 to 14h30.

======================================================================== 
Comments from Involved Politicians
======================================================================== 

Arda Gerkens (Dutch MP, SP, motion initiator)

  Given the new composition of te European Parliament, we can suppose
  a favourable outcome - i.e., rejection of the disputed software  
patents.
  Software patents are entirely unfair, they would a.o. tremendously  
favour
  the large enterprises at the expense of small software developers.

  This is a great victory for both small ICT companies and the  
democratic
  way of working in Europe. This is a great reason to celebrate!


Kees Vendrik (Dutch MP, GroenLinks)

  I'm very happy that the strategy of sustained persistence, i.e.  
calling
  the State Secretary to the plenary again and again, has now resulted  
in
  a fruitful outcome. The signal to the Council is now clear: let the
  European Parliament present its request to the Commission and let the
  Commission decide to restart the first reading.

======================================================================== 
Extra information
======================================================================== 

- English translation of the adopted motion
  http://wiki.ffii.org/NlMot050210En

- Demonstration and press conference in Brussels
  http://demo.ffii.org/demo0502/

- Permanent link to this press release
  http://wiki.ffii.org/NlVot050210En

- Comments by Arda Gerkens MP in Dutch
  http://www.sp.nl/db/nieuws/kamernieuwspage.html/2993


======================================================================== 
Contact
======================================================================== 

Dieter Van Uytvanck, FFII Belgium
dieter@vrijschrift.org
tel. +31 (0)6 275 879 10

Ir. Arend Lammertink, FFII Netherlands
alam@home.nl
tel. +31 (0)6 5425 6426

Jonas Maebe, board member
jmaebe@ffii.org
tel. +32 (0)485 36 96 45

Hartmut Pilch, Munich Office
phm@ffii.org
tel. +49 (0)89 18979927


======================================================================== 
About the FFII -- http://www.ffii.org
======================================================================== 

The Foundation for a Free Information Infrastructure (FFII) is a
non-profit association registered in several European countries, which
is dedicated to the spread of data processing literacy. FFII supports
the development of public information goods based on copyright, free
competition, open standards. More than 500 members, 1,200 companies
and 80,000 supporters have entrusted the FFII to act as their voice in
public policy questions concerning exclusion rights (intellectual
property) in data processing.

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