Re: [Fsfe-uk] Software patent - any action?

[Chris Lale]

Here is the structure of my proposed letter. Have I missed anything
important? There are six paragraphs:

1. About me.
    ---------
  - Who I am.
  - My interest in this field.


2.Outline of problem.
   -------------------
Are you aware that:
  - European commission is considering changing European patent
convention/law.
  - Arlene McCarthy's report is due in March 2003.
  - European Parliament will consider report.
  - Proposals change the rules to allow the patenting of software
algorithms.
  - Discoveries, scientific theories and mathematical methods (including
software algorithms) cannot of themselves be patented at present.


3.My concern.
   -----------
I am concerned about:
  - Potential reduction in pace, quantity and quality of European/UK
software development.
  - Negative impact on jobs in the European/UK hi-tech sector.
  - Negative imapct on European/UK small businesses (SMEs).
  - Negative impact on European/UK economy.
  - Reduction of fair competition.
  - Opening the way for some (probably foreign) company effectively to
take control of the Internet.


4. External pressure on the European Commission.
    ---------------------------------------------
Do you recall recent problems with unchecked domination of markets in US
economic zone (US and Japan)?
  - Recent gross financial scandals.
  - Ability of large corporations to shrug off high profile court cases.
  - Microsoft's increasing domination (often near-monopoly) in operating
system, Internet browser and office software.

Are you aware that:
  - The Business Software Alliance (BSA) is an organisation of large US
companies (including Microsoft).
  - The BSA was a member of the European Commission committee examining
this issue.
  - It has been suggested that the European Commission proposal draws
significantly on BSA's views and unpublished studies.


5. An analogy to explain the problem.
    ----------------------------------
This simple example shows what might happen if the patent proposals were
applied to music rather than computer software. (For a detailed
explanation see “Software patents – a musical analogy” at
http://www.coolscience.co.uk/free-software/software-patent-music.html).
  - A foreign company has been granted patents on some combinations of
musical chords (the equivalent of computer algorithms).
  - A composer writes a new arrangement of the National Anthem (eg for a
royal occasion).
  - The foreign company has to give permission and could sue otherwise.
It would also take money from the composer.
  - Result – the country can no longer fully claim, develop, adapt or
improve its own National Anthem. Foreign companies take money and jobs
away from the country.


6. Questions.
    ---------
- Are you concerned about the consequences of the proposed changes in
European/UK patent law?
- Do you see a potential economic threat to Europe/UK from the proposals?
- Do you think that the story of the Ancient Greek's Trojan Horse
carries any warnings for the European Commission?
- Can you verify the extent of the BSA's influence on the proposals?
- Is there anything you can do to ensure that these concerns are not
realised?

Cheers,

Chris
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