EICTA sends Microsoft to represent SMEs on software patents in EP

[Jonas Maebe <jonas.maebe@ugent.be>]

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

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EICTA sends Microsoft to represent SMEs on software patents in EP
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Brussels, 25 April 2005 -- Apparently unable to find enough
independent small and medium-sized enterprises (SMEs) to lobby for
software patents, EICTA has resorted to sending companies to the
European Parliament in which its multinational members hold a strong
position. Additionally, several SMEs who were inspired by this action
and signed EICTA's appeal turn out not to have any software patents at
all.

"The patent system in Europe has worked well for us in the past", says
Jan Ishøj Nielsen, CEO of PremiTech A/S. However, he forgets to
mention that his company's first European software patent is still
waiting to be granted (its US cousin is already valid) and that the
Chairman of the Board of his company is Klaus Holse Andersen, VP
Microsoft Business Solutions EMEA. Mr. Andersen was previously also
CEO of the investment company IVS, another signatory of EICTA's
demands.

Apart from sending SMEs to Brussels, EICTA also organised a letter
writing campaign to the European Parliament. While for most companies
the CEO has signed this letter, in case of Giritech the CTO observes
the honours. One reason for this might be that the CEO of Giritech,
René Stockne, has a second job as global manager for Microsoft
Navision. This is the same Microsoft Navision that threatened the
Danish government with moving out of Denmark if the software patents
do not come through.

Jonas Maebe, FFII Board Member, adds:

  It is really sad how low EICTA is sinking here. Unable to factually
  counter the resistance to software patents from real SME
  associations such as UEAPME and CEAPME, they are now resorting to
  dressing up Microsoft as an SME. "Oh, grandmother, what big teeth
  you have got" indeed.

Some other companies that signed the letter and which are not tied to
any big firms, have simply been improperly informed about the reach of
the European Parliament's amendments. For example, Te Strake, an
innovative Dutch SME active in the field of "mechatronics", owns
several patents on inventions related to automated weaving. According
to an analysis performed by the FFII, all of their patents would
remain enforceable under the directive as approved by European
Parliament in first reading.

Hartmut Pilch, President of the FFII, comments on the results of
FFII's preliminary analysis:

  Preliminary research shows that most of these companies own less
  than a handful of patents and that the claimed solutions either
  involve forces of nature and are largely unaffected by the
  Parliament's first reading, or are in the realm of abstract problem
  descriptions or business methods and thus should, according to these
  companies' own "Manifesto", not be patentable.

Nevertheless, the fact that EICTA's tactics work to a certain extent
was demonstrated last week at the European Parliament's Legal Affairs
Committee (JURI) meeting. A number of MEPs there was convinced that
most SMEs do want software patents, and that "only programmers" oppose
them. The FFII therefore urgently calls upon the real SMEs to stand up
and to make their voice heard in Brussels.


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Extra information
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* An overview of the analysed patents, the "SME manifesto" and EICTA's  
PR
can be found at
    http://swpat.ffii.org/log/05/eictasme04/

* Report on the JURI Committee meeting of 21 April 2005:
    http://wiki.ffii.org/JuriPr050421En

* Transcripts from the JURI Committee meeting of 21 April 2005:
    http://wiki.ffii.org/Juri050421En

* Microsoft threatens to move Navision out of Denmark:
    http://wiki.ffii.org/Navision050215En

* Permanent link to this press release:
    http://wiki.ffii.org/EictaSme050425En

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Contact
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Hartmut Pilch and Holger Blasum (Munich Office)
info at ffii org
tel. 0049-89-18979927

Jonas Maebe
jmaebe at ffii org
tel. 0032-485-369645

Erik Josefsson (Brussels Office)
erjos at ffii org
tel. 0032-2-7396262

Dieter Van Uytvanck:
dieter at vrijschrift.org
tel. 0031-6-275-87910

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About FFII -- http://www.ffii.org
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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. The FFII
supports the development of public information goods based on
copyright, free competition, open standards. More than 500 members,
1,400 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.  The FFII maintains
offices in Munich and Brussels and national supporter groups in most
European countries.