Stop European Software Patents (Again)

On Open Enterprise blog.

Not Really Patent At All

Hmm, I'm not really clear what's going on with this "European Interoperability Patent" (EIOP) stuff:

Essentially, it is an idea that is based on what he calls the concept of “soft IP”, which, he says, is encapsulated within the Blue Skies strand of the EPO’s Scenarios project. The EIOP would be an EU-wide patent granted by the EPO that would be “open”. In other words, EIOP owners would not be able to get injunctive relief – either preliminary or permanent in cases of infringement; instead, EIOP owners would effectively be signing up to the concept of licences of right, so that anyone who wanted to use a patent would be able to do so as long as an appropriate licensing fee was paid (it is a concept that exists under the laws of some European countries already, including the UK). If a fee could not be agreed, then the matter would go to the courts, which would adjudicate on what amount would be reasonable.

Actually, I can understand where IBM is going with this, but I'm less sure about the FFII on the basis of the following hints:

“The FFII has a new leadership and we think that it has changed, and become more mature. The FFII is critical if Europe is going to develop as somewhere in which to build a patent system that can exist in a more facilitative and less conflicting nature with open innovation models … the FFII has influence and a strong voice; something it proved in the CII debate. We feel there is now an opportunity to engage and have a constructive dialogue.”

CII refers to the dreaded "computer-implemented invention", and is basically a trick to get European software patents in through the back door. I do hope that the FFII is not going to do something silly. I obviously need to investigate further. (Via The Inquirer.)

Absolutely Criminal

This is turning into a complete disaster:

Nicola Zingaretti, the EU parliament's rapporteur for the EU directive on the planned penal regulations for the enforcement of intellectual property rights, has proposed that the mere "acceptance" of such violations be made a crime. The Italian Social-Democrat proposed that this vague term be included as part of amendments orally proposed as a "compromise" at the last minute to the Committee on Legal Affairs, which will be voting on the matter today. The FFII, a German organization for free information infrastructure, has called this proposed amendment a "broad concept of secondary liability" for "intentional" violations of copyright, patent, and trademarks. The FFII says that the proposal goes far beyond the much criticized original proposal made by the EU Commission to criminalize "inciting, aiding and abetting" legal violations.

To see why this legislation should be dropped completely, try replacing "enforcement of intellectual property rights" by "enforcement of intellectual monopolies": doesn't sound so good, eh?

EU: Not at All Patent to Me...

Well, I still don't really know what's going on as far as patents in Europe are concerned. But the Foundation for a Free Information Infrastructure (FFII), an organisation whose judgement I generally trust in these matters, seems happy enough with the latest vote in the European Parliament:

"We're 80% happy with the result" comments Jonas Maebe, FFII board member. "The main unfortunate artefact left in the adopted resolution is the fact that it promotes accession of the EU to the European Patent Convention, which would delegate most patent-related responsibilities to the civil servants of the Commission and member states. Overall our main concerns are however addressed and we would like to congratulate the many MEPs and assistants who very worked very hard for this result."