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

Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024