[Gllug] More on Software Patents

[Christopher Hunter]

It may be too late, but......

From "Private Eye" Issue 1107 28th May - 10th June Page 7 "Brussels Sprouts" :

"There is mounting concern that new legislation being steered through the 
European Union under the Irish presidency of the EU could scupper Europe's 
software industry - to the delight of US-owned multinationals like Microsoft 
and lawyers specialising in patent law.

Last week MEP's led a protest outside the Brussels offices of the Irish 
diplomats.  They were furious that limitations they thought had been placed 
by the European parliament on the new directive on the patenting of computer 
software have all but been erased by a "compromise" suggested by the Irish 
presidency.

The problem with software patents granted by US and EU patent offices is that 
they are so basic, covering ideas and methods rather than the physical 
inventions, that other software unavoidably infringes them.

This is no problem for the major players because they cross-license their huge 
patent pools with other big companies ("don't sue us and we won't sue you").  
But small companies and individual software developers are excluded from this 
expensive game.

The MEPs, having listened to leading European economists and academics, had 
sought to limit what could be patented.  But careful reading of the Irish 
working document suggests pretty well unlimited patenting and unlimited 
enforceability will be permitted.  Europe's small and medium-sized software 
businesses could be completely stitched up by the bigger corporations.

Does Ireland's cleverly drawn-up "compromise" have anything to do with the 
fact that the Irish presidency of the EU under Taoiseach Bertie Ahearn is 
sponsored by, among others, Microsoft?  Some MEPs believe there should be an 
inquiry."

Chris

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