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

[Chris Lale]

Someone asked me to share replies to my software patent mailings. Here's 
one from the European Commission.

address@hidden wrote:
> I am referring to your e-mail, sent to Commissioner Liikanen on the
> 19.12.2002, concerning the European Commission proposal on the
> patentability of computer-implemented inventions.
>
> The Commission is aware of the concerns of the open source software
> community, on the potential negative impact of patent protection for
> software, which were expressed in the public consultation launched in
>  October 2000. The proposal has taken these concerns into account, by
>  excluding software “as such” from patentability. According to the
> proposal, patent protection will only be available for inventions
> using software, if the specific contribution made by the invention
> has a technical character.
>
> Concerning the specific points you raise in your e-mail, please note
> the following:
>
> 1. The Commission has taken due account of the comments and
> contributions of the various interested parties, received in the
> context of the public consultation. However the final content of the
> proposal is, of course, the sole responsibility of the Commission.
>
> 2. The proposal aims to clarify the conditions for patentablity of
> computer implemented inventions in the European Union. The exclusion
> of software “as such” from patentability in the proposal for a
> directive, is in line with art. 52.2 of the EPC, which also states
> that computer programmes “as such” are excluded from patentability.
>
>
> 3. The Commission is aware of the importance of open source software
> and is, in line with the eEurope 2002 Action plan, supporting the
> development and deployment of open source software through a variety
> of measures (IST programme, IDA programme).
>
> The proposal is currently under discussion in the Council and in the
> European Parliament, under the “co-decision” procedure.
>
> Best regards
>
> Maria Perogianni European Commission Enterprise Directorate-General
> E-busines, ICT industries and services Tel: 32-2-295.81.93
> Fax:32-2-296.95.00 e-mail: address@hidden
>
>
>> -----Original Message----- From: Chris Lale
>> [mailto:address@hidden Sent: Thursday, December 19, 2002
>> 4:05 PM To: LIIKANEN Erkki (CAB) Subject: Software freedom
>>
>>
>> Mr. Erkki Liikanen Commissioner for Enterprise and the Information
>> Society
>>
>>
>> Dear Mr Liikanen,
>>
>> I have recently heard of the European Commission’s proposal to
>> allow software to be patented.
>>
>> I am concerned that the commission is jeopardising the future of
>> open source software/free software through its proposal to allow
>> software patenting. Open source software/free software  is software
>>  whose source code is openly published It is often developed by
>> voluntary efforts and is usually available at no charge under a
>> licence (defined by the Open Source Initiative or the Free Software
>> Foundation) which prevents it from being redistributed under a more
>> restrictive licence.
>>
>> 1. Is it true that the proposal for patenting software originates
>> from the Business Software Alliance, a US-based group dominated by
>>  Microsoft?
>>
>> 2. Is it true that the provision of Art 52 EPC that computer
>> programs as such are not patentable inventions is to be
>> reinterpreted to mean the opposite?
>>
>> 3. Is the intention to supress the development of open source
>> software/free software or to eliminate it altogether? If not, how
>> do you see open source software/free software being able to
>> survive?
>>
>> 4. The European Commission’s initiative eEurope states that:
>>
>> 'during 2001 the European Commission and Member States will promote
>> the use of open source software in the public sector and
>> e-government best practice through exchange of experiences across
>> the Union (through the IST and IDA programmes).'
>>
>> What future does this have now?



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