Fwd: [ffii] Aug 27 Demonstrations against EU Software Patent Plans

Jean-D. Ackle jdalinux at yahoo.com.br
Wed Aug 20 22:33:55 EDT 2003


 --- PILCH Hartmut <phm at a2e.de> escreveu: > Para:
news at ffii.org
> De: PILCH Hartmut <phm at a2e.de>
> Assunto: [ffii] Aug 27 Demonstrations against EU
> Software Patent Plans
> Data: Wed, 20 Aug 2003 01:29:24 +0200 (CEST)
> 
> FFII News -- For Immediate Release -- Please
> Redistribute
> +++ +++ +++ +++ +++ +++ +++ +++ +++ +++ +++ +++ +++
> +++
> 
>            Aug 27 Demonstrations against EU Software
> Patent Plans
>                             Brussels 2003/08/19
>                            For immediate Release
> 
>    The Proposal for a software patent directive,
> which will be submitted
>    to the European Parliament for plenary debate and
> subsequent decision
>    on September 1st, giving rise to another wave of
> protests. Various
>    groups in Belgium and elsewhere are mobilising
> for a rally in Brussels
>    on August 27th and are calling on web
> administrators to temporarily
>    block their web sites.
> 
> Details
> 
>    The Proposal for a software patent directive,
> which will be submitted
>    to the European Parliament for plenary debate and
> subsequent decision
>    on September 1st, giving rise to another wave of
> protests. The
>    Eurolinux Alliance is calling for participation
> in a rally in Brussels
>    on August 27th, comprising a street performance
> at 12.00 on Luxemburg
>    Square and conference at 14.00 in the European
> Parliament, and for
>    accompanying online demonstrations.
> 
>    "The directive proposal as prepared by Arlene
> McCarthy MEP would
>    impose US-style unlimited patentability of
> algorithms and business
>    methods such as Amazon One Click Shopping" says
> Benjamin Henrion, who
>    is heading a local organisational team with the
> backing of a coalition
>    of organisations representing 2000 software
> companies and 160,000
>    individuals, mostly software professionals.
> 
>    In an appeal, the organisers call on European
> citizens to stand up for
>    the public interest to defend freedom of creation
> against logic
>    patents, to defend copyright-based software
> property against
>    patent-based software piracy, to defend software
> innovation against
>    patent inflation, to defend software users
> against reduced choices and
>    monopoly pricing.
> 
>    They call on the European Patent Office: Stop
> littering Europe's
>    information highway! and on the European
> Parliament: Punish the
>    polluters, don't legalise the pollution!
> 
>    The program in Brussels is approximately as
> follows, more details will
>    be supplied soon:
> 
>    12.00-14.00 | Place du Luxembourg | Performance,
> balloons, patent chain,
>                                        speeches, ...
>    14.00-16.00 | EuroParl[13][1]     | Conference
> 
>    "In May a [14]two-day software patent conference
> in and near the
>    European Parliament attracted 200 participants.
> Leaders of the
>    scientific commuities and software business world
> condemned the
>    directive proposal in every respect. Yet in June
> the EP Legal Affairs
>    Commission endorsed this proposal with further
> amendments that make it
>    even worse", explains Henrion. "More and more
> people are now seeing
>    this very clearly. We expect even more
> participatants this time."
> 
>    Yet the vast majority of our supporters will
> certainly not be on
>    Luxemburg Square on August 27th. "Those who can
> not come to Brussels
>    should demonstrate online, using their web
> servers or other internet
>    services", says Hartmut Pilch, president of FFII.
> "We have
>    [15]proposed a series of ways in which this can
> be done. There is
>    certainly a way for everyone. Better make access
> to your webpage a bit
>    more difficult now for one or two days than lose
> your freedom of
>    publication for the next ten years. Note that if
> the McCarthy report
>    is approved without drastic amendments,
> programmers and Internet
>    Service Providers will be regularly sued for
> patent infringement, if
>    they publish programs on the Internet. If the
> Parliament votes for the
>    McCarthy proposal now, there will be no more
> chances for democratic
>    control later."
> 
> Annotated Links
> 
>    -> [16]AEL Big Demo 27 aug Wiki
>           Hints on how to participate in the demo,
> needed equipment on
>           site, who provides what, etc
> 
>    -> [17]FFII BXL 2003/08 Wiki
>           Holger's editable auxiliary pages for the
> 2003/08/27 demo and
>           related events. Includes hints on
> hotel/hostel rooms, t-shirts,
>           banners etc
> 
>    -> [18]2003/08 Letter to Software Creators and
> Users
>           The European Parliament will, in its
> plenary session on
>           September 1st, decide on a directive
> proposal which ensures
>           that algorithms and business methods like
> Amazon One Click
>           Shopping become patentable inventions in
> Europe. This proposal
>           has the backing of about half of the
> parliament. Please help us
>           make sure that it will be rejected. Here
> are some things to do.
> 
>    -> [19]2003/08/25-9 BXL: Software Patent
> Directive Amendments
>           Members of the European Parliament are
> coming back to work on
>           monday August 25th. It is the last week
> before the vote on the
>           Software Patent Directive Proposal. We are
> organising a
>           conference and street rally wednesday the
> 27th. Some of our
>           friends will moreover be staying in the
> parliament for several
>           days. Time to work decide on submission of
> amendments to the
>           software patent directive proposal is
> running out. FFII has
>           proposed one set of amendments that stick
> as closely as
>           possible to the original proposal while
> debugging and somewhat
>           simplifying it. An alternative small set
> of amendments would
>           "cut the crap" and rewrite the directive
> from scratch. We
>           present and explain the possible
> approaches.
> 
>    -> [20]Online Demonstration Against Software
> Patents
>           We can show our concern by physical
> presence as well as by more
>           or less gently blocking access to webpages
> in a concerted
>           manner at certain times.
> 
>    -> [21]European Parliament Rejects Attempt to
> Rush Vote on Software
>           Patent Directive
>           The European Parliament has postponed the
> vote on the software
>           patent directive back to the original date
> of 1st of September,
>           thereby rejecting initially successful
> efforts of its
>           rapporteur Arlene McCarthy (UK Labour MEP
> of Manchester) and
>           her supporters to rush to vote on June
> 30th, a mere twelve days
>           after publication of the highly
> controversial report and ten
>           days after the unexpected change of
> schedule.
> 
>    -> [22]JURI votes for Fake Limits on
> Patentability
>           The European Parliament's Committee for
> Legal Affairs and the
>           Internal Market (JURI) voted on tuesday
> morning about a list of
>           proposed amendments to the planned
> software patent directive.
>           It was the third and last in a series of
> committee votes, whose
>           results will be presented to the plenary
> in early september.
>           The other two commissions (CULT, ITRE) had
> opted to more or
>           less clearly exclude software patents. The
> JURI rapporteur
>           Arlene McCarthy MEP (UK socialist) also
> claimed to be aiming
>           for a "restrictive harmonisation of the
> status quo" and
>           "exclusion of software as such, algorithms
> and business methods
>           from patentability". Yet McCarthy
> presented a voting list to
>           fellow MEPs which, upon closer look, turns
> ideas like "Amazon
>           One-Click Shopping" into patentable
> inventions. McCarthy and
>           her followers rejected all amendment
> proposals that try to
>           define central terms such as "technical"
> or "invention", while
>           supporting some proposals which reinforce
> the patentability of
>           software, e.g. by making publication of
> software a direct
>           patent infringment, by stating that
> "computer-implemented
>           inventions by their very nature belong to
> a field of
>           technology", or by inserting new economic
> rationales
>           ("self-evident" need for Europeans to rely
> on "patent
>           protection" in view of "the present trend
> for traditional
>           manufacturing industry to shift their
> operations to low-cost
>           economies outside the European Union")
> into the recitals. Most
>           of McCarthy's proposals found a
> conservative-socialist 2/3
>           majority (20 of 30 MEPs), whereas most of
> the proposals from
>           the other committees (CULT = Culture, ITRE
> = Industry) were
>           rejected. Study reports commissioned by
> the Parliament and
>           other EU institutions were disregarded or
> misquoted, as some of
>           their authors point out (see below). A few
> socialists and
>           conservatives voted together with Greens
> and Left in favor of
>           real limits on patentability (such as the
> CULT opinion, based
>           on traditional definitions, that "data
> processing is not a
>           field of technology" and that technical
> invention is about "use
>           of controllable forces of nature"), but
> they were overruled by
>           the two largest blocks. Most MEPs simply
> followed the voting
>           lists of their "patent experts", such as
> Arlene McCarthy (UK)
>           for the Socialists (PSE) and shadow
> rapporteur Dr. Joachim
>           Wuermeling (DE) for the Conservatives
> (EPP). Both McCarthy and
>           Wuermeling have closely followed the
> advice of the directive
>           proponents from the European Patent Office
> (EPO) and the
>           European Commission's Industrial Property
> Unit (CEC-Indprop,
>           represented by former UK Patent Office
> employee Anthony Howard)
>           and declined all offers of dialog with
> software professionals
>           and academia ever since they were
> nominated rapporteurs in May
>           2002.
> 
>    -> [23]Why Amazon One Click Shopping is
> Patentable under the Proposed
>           EU Directive
>           According to the European Commission
> (CEC)'s Directive Proposal
>           COM(2002)92 for "Patentability of
> Computer-Implemented
>           Inventions" and the revised version
> approved by the European
>           Parliament's Committee for Legal Affairs
> and the Internal
>           Market (JURI), algorithms and business
> methods such as Amazon
>           One Click Shopping are without doubt
> patentable subject matter.
>           This is because
> 
>          1. Any "computer-implemented" innovation is
> in principle
>             considered to be a patentable
> "invention".
>          2. The additional requirement of "technical
> contribution in the
>             inventive step" does not mean what most
> people think it
>             means.
>          3. The directive proposal explicitly aims
> to codify the practise
>             of the European Patent Office (EPO). The
> EPO has already
>             granted thousands of patents on
> algorithms and business
>             methods similar to Amazon One Click
> Shopping.
>          4. CEC and JURI have built in further
> loopholes so that, even if
>             some provisions are amended by the
> European Parliament,
>             unlimited patentability remains assured.
> 
>    -> [24]FFII: Software Patents in Europe
>           For the last few years the European Patent
> Office (EPO) has,
>           contrary to the letter and spirit of the
> existing law, granted
>           more than 30000 patents on
> computer-implemented rules of
>           organisation and calculation (programs for
> computers). Now
>           Europe's patent movement is pressing to
> consolidate this
>           practise by writing a new law. Europe's
> programmers and
>           citizens are facing considerable risks.
> Here you find the basic
>           documentation, starting from a short
> overview and the latest
>           news.
> 
> Contact
> 
>    mail:
>           media at ffii org
> 
>    phone:
>           Hartmut Pilch +49-89-18979927
> 
>           [25]Benjamin Henrion +32-10-454761
> 
>           More Contacts to be supplied upon request
> 
> About the Eurolinux Alliance -- www.eurolinux.org
> 
>    The EuroLinux Alliance for a Free Information
> Infrastructure is an
>    open coalition of commercial companies and
> non-profit associations
>    united to promote and protect a vigourous
> European Software Culture
>    based on copyright, open standards, open
> competition and open source
>    software such as Linux. Corporate members or
> sponsors of EuroLinux
>    develop or sell software under free, semi-free
> and non-free licenses
>    for operating systems such as GNU/Linux, MacOS or
> MS Windows.
> 
> About the FFII -- www.ffii.org
> 
>    The Foundation for a Free Information
> Infrastructure (FFII) is a
>    non-profit association registered in Munich,
> which is dedicated to the
>    spread of data processing literacy. FFII supports
> the development of
>    public information goods based on copyright, free
> competition, open
>    standards. More than 250 members, 300 companies
> and 15,000 supporters
>    have entrusted the FFII to act as their voice in
> public policy
>    questions in the area of exclusivity rights
> (intellectual property) in
>    the field of software.
> 
> Permanent URL of this Press Release
> 
>   
> http://swpat.ffii.org/news/03/demo0819/index.en.html
>     
>
_________________________________________________________________
> 
>                                      Notes
> 
>    [1] Room number to be announced tomorrow.
> External visitors,
>    including journalists, need to register in
> advance. Please contact
>    bxl030827 at ffii org for this purpose.
> 
> References
> 
>   14.
>
http://swpat.ffii.org/events/2003/europarl/05/index.en.html
>   15. http://swpat.ffii.org/group/demo/index.en.html
>   16. http://wiki.ael.be/index.php/BigDemo27aug
>   17. http://offen.ffii.org/bxl/
>   18.
> http://swpat.ffii.org/letters/parl038/index.en.html
>   19.
>
http://swpat.ffii.org/events/2003/europarl/08/index.en.html
>   20. http://swpat.ffii.org/group/demo/index.en.html
>   21.
> http://swpat.ffii.org/news/03/plen0626/index.en.html
>   22.
> http://swpat.ffii.org/news/03/juri0617/index.en.html
>   23.
>
http://swpat.ffii.org/papers/eubsa-swpat0202/tech/index.en.html
>   24. http://swpat.ffii.org/index.en.html
>   25. http://bh.udev.org/
> 
> 
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> http://lists.ffii.org/mailman/listinfo/news 

=====
Jean-Dominique Ackle
Braga, Portugal
Mandrake Linux 9.1

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