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[FYI] Patent lobby get in early for EU consultation process
- To: debate@fitug.de
- Subject: [FYI] Patent lobby get in early for EU consultation process
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Mon, 30 Oct 2000 20:21:13 +0100
- Comment: This message comes from the debate mailing list.
- Organization: NONE
- Sender: owner-debate@fitug.de
http://www.theregister.co.uk/content/1/14305.html
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Patent lobby get in early for EU consultation process
By: Graham Lea
Posted: 29/10/2000 at 19:10 GMT
The European Commission has launched its consultation on software
patents, but the accompanying "independent study" produced on behalf
of the Intellectual Property Institute (IPI) in London is biased in
favour of the patents establishment, as well as being ill-informed
about the potential consequences for Europe.
[...]
The IPI study says it addresses the economic impact of patentability
of computer programs, but the study is deeply flawed in several ways.
The conclusion that "there is no evidence that European independent
software developers have been unduly affected by the patent positions
of large companies or indeed other software developers" ignores the
simple fact that in Europe the threat is in the future, when
coincidentally IPI's members will start collecting fees for the
enforcement of software patents.
The study admits that in the US "there is abounding evidence that the
profitability and growth of independent and SME software developers
in the States has often been to a significant extent dependent on the
possession of patent rights... there is deep concern that patents are
being granted on trivial, indeed old, ideas... that patents may
strengthen the market position of the big players... that the
computer program related industries [yuk - could they mean software
industry?] are examples of industries where incr emental innovation
occurs and that there are serious concerns whether, in such
industries, patents are welfare enhancing." Quite so.
Screw the GNU? For its part, the EC Internal Market Directorate has
also missed the point in suggesting that it is the view of the open
source movement that it would be ill-served by a software patent
regime: the plain truth is that the whole software developer
community is disadvantaged by software patents, as well as all users
of software - from multinationals to consumers. It is true that
smaller companies will be disadvantaged more because they lack a
legal department and a patent portfolio with which to fight claims.
The open source community just happens to be more articulate than
commercial software developers, and of course has an admirable model
to protect software in the form of the GNU General Public Licence.
Little consideration in the debate so far has been given to sentiment
against the open software movement by the major proprietary software
developers, but it would be surprising if this thought had not
crossed their minds as a sweet form of revenge.
It is not unreasonable for the Commission to wish to harmonise
national patent laws, although the overlap in functionality between
national offices and the EPO is rather silly. What the Commission has
not done is to study in sufficient detail the potential impact on the
European economy, and particularly on the European IT industry.
Although there are a few high-profile US cases of attempts at
software patent enforcement so far, there can be little doubt that
heavy enforcement will come. Patent lawyers must be rubbing their
hands, waiting for the starter's gun from their clients, although the
more reputable law firms will perhaps realise that attempting to
enforce software patents may well be viewed in the same way as are
most shareholder class actions in the US - a rather grubby practice
involving rather small law firms. And with Amazon.com in the queue at
the EPO for a European one-click patent, wouldn't it be interesting
if for once the EPO did a proper job on the prior art and turned this
one down?
It is a good thing that at last the Commission has embarked on this
consultation exercise, but the strength of the lobbying by the
patents industry is so great that the voice of the IT industry may be
hardly heard. It's at times like this that he lack of a strong
European IT trade association is most felt. Realistically, it is
impossible before the Munich meeting to give proper consideration to
the software patent issues that will have such a profound effect on
European businesses.
[...]
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