Microsoft wants Europe to reconise software patents

[bryncoles]

http://www.theregister.co.uk/2009/05/02/microsoft_open_source_eu_patents/


Microsoft has teamed with General Electric to petition European regulators on a fundamental principle that will continue to drive a wedge between the company and open source supporters.

The duo filed an amicus brief arguing that regulators should believe in the existence of patents in software and that these patents should then be enforceable in European Union courts.


It opens the way for expensive and opportunistic legal actions and ambulance-chasing lawsuits of claimed patent violations, which typically favor(sic) those with the lawyers and money to win.


Worse, patent holders can argue they should be allowed to charge others for invoking a method in a piece of software or on a system because there are similarities with their patent. Patent holders are, therefore, locking down the market stifling innovation.

but we're not taking this lying down!


Red Hat and Canonical, steward of Ubuntu, filed separate briefs arguing against the recognition of patents in software. Ubuntu said debate has overly focused on a potential clause in Article 52 that could be interpreted as allowing software and computer programs to be covered and asked the law be interpreted in a "simple fashion".

[Spiritous]

Wtf?!!

[bryncoles]

Wtf?!!

that was pretty much my thought too. i hope this gets slapped down, as software patents are the bane of my computing experience!

[Spiritous]

Still... WTF?!

[bryncoles]

this is my favourite bit of the article:


Microsoft's done much to reach out to open source. It has made Linux and open-source software work better on Windows, released its code under OSI-approved licenses, and sent ambassadors to Linux and open-source events.

[Spiritous]

Don't you just love it when they get to the truth? I mean... Most would just say Windows hated linux, but they just take the bribe and say it. Just amazing

[bryncoles]

Still... WTF?!

i just want to quote this again... its a sentiment worth hammering home!

*edit* calling 'the register' news might be stretching the definition a bit...

[Spiritous]

Neway...

What do we do if its put through?

*edit* Edited the Edit because i saw your edit... :S

[bryncoles]

methinks time to set pen to paper and kick some political ***... who's your MEP? and your MP? we need to make a voice heard on this topic.

also, i dunno if you read to the bottom of the article, but they link to canonical and red hats responses to this patent application.

any 'bunts out there wanna direct me to a quick and easy (non-speculative) summary on the evils of software patents i can sent to my MP?

*edit* there is no need to edit this post.

*edit* i should have said was no need, not is no need. lapse of tense!

[Spiritous]

My MEP is Nigel Farage and MP is Andrew Turner... You?

[bryncoles]

Ben Wallace, Conservative (that really should be an action series from the 60's!)

and the MEP appears to be... John Whittaker.

ill be emailing their offices later this weekend.

[Spiritous]

Luck... I'm going now, I'll write later :)

[jimmyhacker]

wtf?

[Icehuck]

So they want to change the law so they can't get sued for being a monopoly and not sharing code. I really hope they don't pull it off, but I feel that they are going to bribe this law into effect.

[bryncoles]

bribe this law into effect.

thats my worry too. from what i can tell, the European Parliament is quite bribable!

at least we're resisting though... go canonical!

[Icehuck]

thats my worry too. from what i can tell, the European Parliament is quite bribable!

at least we're resisting though... go canonical!

Well its not that the European Parliament is any more susceptible to bribes than anyone else. It's the simple fact that people like money and, any chance they have to get more money without effort they will take it. The more money you have the more extravagant your lifestyle.

[Spiritous]

I just posted a "Wordy" 560 and a bit word letter to my MEP and MP :)

[Ozor Mox]

This is disgusting. Software patents are a travesty and we do not want them!

I really try not to hate Microsoft, but they sometimes make it very, very difficult.

[bryncoles]

I just posted a "Wordy" 560 and a bit word letter to my MEP and MP :)

+1! ive not done this yet, but godsdamnint i, will!

[jelle_]

already voted against patents at http://petition.stopsoftwarepatents.eu/ .

[LightB]

This is disgusting. Software patents are a travesty and we do not want them!

I really try not to hate Microsoft, but they sometimes make it very, very difficult.

Why bother, go ahead and hate them. \\:D/

[Screwdriver0815]

this is really crazy.

A company which was issued because of distortion of competition by the european court goes ahead and wants the EU do everything to allow distortion of competition.

Isn't it crazy?

As I read the statement of Red Hat all the stupidity of softwarepatents came to my mind.

Red Hat has like all other software companies a pool of patents for defending purposes. So if someone wants to sue them they dig into their patents to find something to counter-sue... its like in the cold war as the americans developed bigger rockets and the russians develeoped EVEN bigger rockets... only to scare off the other side.

isn't it crazy? This shows how crazy softwarepatents are. Its like travelling to the middle ages in a time machine!!

Thats why I have written a mail to Microsoft, asking them for a statement and their reasons for that. Moreover I have asked them to describe which advantages I as a citizen of europe have from this.
Now I am curious what their answer will be.

[wolfyking2]

this is my favourite bit of the article:
Wait a minute...Linux working on windows? Dual boot? Virtual machine? Please explain

or maybe the writers are just dumb

[SuperSonic4]

It's unlikely it'll get through - the EU has already found microsoft guilty of antitrust laws because of WMP being bundled in. Chances are the same thing is likely to happen regarding IE. Plus MS were recalcitrant regarding their original punishment

[MikeTheC]

Speaking as an American who has to live in a society and under a system where software patents exist, I wish you folks in England and Europe all the best in fighting this thing to the hilt. Kill it before it has a chance to spread, or you'll never be rid of it!

[Daveski]

already voted against patents at http://petition.stopsoftwarepatents.eu/ .

+1

What do you think of this initiative?:
http://www.freesoftwarepact.eu/post/2009/01/23/What-is-the-free-software-pact

[CarpKing]

already voted against patents at http://petition.stopsoftwarepatents.eu/ .

If you live in a country affected by this body, writing a letter to your lawmakers would probably be more effective. Come to think of it, American voices might be good too if you can give examples of problems software patents cause here.

[MaxIBoy]

Oh, hey guys, did you know that Gene Ray is crazy, Mozart is dead, and the sky is blue?

[HavocXphere]

Hopefully this will result in a show-down, cause the status quo is a disaster for FOSS. Big Corporates can throw Money&Lawyers at the vagueness to make it work for them...while FOSS can't realistically.


(1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:

(a) discoveries, scientific theories and mathematical methods;

(b) aesthetic creations;

(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

(d) presentations of information.

(3) Paragraph 2 shall exclude the patentability of the subject-matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
The problem lies with the last paragraph. Its 100% vague and useless.

[Firestem4]

Speaking as an American who has to live in a society and under a system where software patents exist, I wish you folks in England and Europe all the best in fighting this thing to the hilt. Kill it before it has a chance to spread, or you'll never be rid of it!

+1. I wish you all the luck guys.

[Screwdriver0815]

Hopefully this will result in a show-down, cause the status quo is a disaster for FOSS. Big Corporates can throw Money&Lawyers at the vagueness to make it work for them...while FOSS can't realistically.


The problem lies with the last paragraph. Its 100% vague and useless.

after reading all the statements of Red Hat, IBM and Canonical to these news and seeing the postal adress on the letters, I think that this paragraph 3 is written by a german dumb*** state-officer. Because the order of the sentences and this "as such" all the time... its typical german... writing down something without thinking - the most important thing is to WRITE... its a shame...