Bonum Certa Men Certa

CopyCamp '15 in Warsaw Discussed the Problem of Patents on Software, Which Still Exist in Europe

There is definitely still a problem "as such"

Warsaw



Summary: An IT security & Free Software consultancy based in Warsaw explains that “many think Europe is free from software patent” when the matter of fact is that “rules for software patenting were not accepted as obligatory.”

IT wasn't until this morning that we knew about this activism in Poland. [via Benjamin Henrion, the FFII's President, as well as Gérald Sédrati-Dinet, whom the EPO tried to bully]

To quote the Web site softpatents.bitshack.pl:

This year, it is ten years ago that the proposed European Directive for “Computer Implemented Inventions” a.k.a. software patents was rejected by an overwhelming majority of the European Parliament, after a dramatic struggle of “freedom fighters” against corporate interests.

Since then, many think Europe is free from software patents. It is far from true. The rejection of the directive actually did not mean that software patents were forbidden from that time, but that some – questionable – rules for software patenting were not accepted as obligatory.

The situation is worse than ten years ago because courts in European countries are not setting proper limits on software patentability. We would like to talk about Polish bad and good examples, which remain unknown. We think that discussing them openly would strengthen the proper trend.


According to this program, WÅ‚adysÅ‚aw Majewski gave a talk titled "Rejection of Patent Directive – 10th anniversary". It's over now and they would "like to discuss the message we should convey to wider audience on 32C3 in Hamburg." That's a little far from Munich but not too far from Berlin. Maybe EPO examiners can help these people extend their message, making their views on the subject more widely understood.

For our readers who are still not familiar with the harms of software patents, Henrion has just highlighted this position/stance statement from the Free Software Foundation Europe, which says:

Software patentability is another area of concern that needs to be addressed on a European level in order to unleash the full innovative potential of Europe. Despite the fact that software is explicitly excluded from patentability according to the European Patent Convention, software in Europe is de facto patented under "computer implemented invention". The European Patent Office (EPO) grants more than 5 000 patents yearly in the fields of "computer technology"and "digital communications"3, that in practice cover software. Software patents in the form of "computer implemented inventions" have the highest growth rate, according to the EPO, and the number of granted software patents has been rising at a rate of 3 000 per year.

Software is treated as "literary work" and is protected by copyright under Software Directive 2009/24/EC, thus making the additional protection through patentability unnecessary. Moreover this burdens innovators with extra costs and legal risks, and hinders market competitiveness. The loss of potential innovators and new actors on the digital market due to the unclear status of software patentability is a high price to pay for the EU.

FSFE wants to highlight the legislative actions taken on national level in order to tackle this issue, in particular the decision of the German Parliament in 2013 to effectively limit the patenting of computer programs, as copyright protection is already available. This decision was also welcomed and supported by German SME associations. Furthermore, several studies have shown that companies producing software do not deem patent protection as a useful mechanism spurring future inventive streams. On the contrary, companies find that software patents hinder the rate of innovation and lock-in the market in favor of few monopolistic companies.

FSFE asks the Commission to follow this example and propose a clear requirement that software solutions shall not be patented under any unclear terms implemented by the practice of the EPO, and to further strengthen copyright protection for software, so that no rights received under copyright will be devalued by third parties' patents covering software in “computer implemented inventions”.


To those who work at the EPO, please consider doing what you can to protect European programmers as well as programmers worldwide (proprietary and Free software alike). These people don't want patents, they already have copyrights and that's enough. Anyone who says that they need patents is either a liar or someone who profits from it, usually without writing a single line of code.

The “EPO’s Investigative Unit Exposed” series will continue very soon.

Recent Techrights' Posts

The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from disguised.work
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from disguised.work
Neil McGovern & Ruby Central part ways
Reprinted with permission from disguised.work
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day