Microsoft Makes Itself at Home in Transylvania

In what is perhaps a sign of desperation, Microsoft is really pushing governments around the world to sign up to el cheapo mega-deals that they think they can't refuse. The FSFE's Georg Greve points out to me in an email that there's an interesting angle to this story in Romania:

It seems ironic that the European Commission has to fine Microsoft repeatedly over sustained monopoly abuse, then transfers part of that money to Romania, which enjoyed the highest level of financial support ever granted to a candidate country in the history of the European Union, and the Romanian government then decides to return part of that money to Microsoft with close to no tangible benefit for Romania.

He also points out that taking this route might backfire badly on Romania:

Considering the recent freeze of EU funds due to corruption in Bulgaria, this decision of the Romanian government seems careless and dangerous for the sustained economic growth of the country in more than one way: By endangering EU support, by increasing dependency on proprietary software for the economy, and by wasting funds that could have been used for much-needed infrastructure projects.

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Goodbye WIPO, Hello ACTA?

Something strange is happening at the WIPO: it's becoming more reasonable. Where once it was a bastion of intellectual monopoly intransigence, it is now showing signs of being, well, more *open* to new ideas....

On Open Enterprise blog.

Why Software Should not be Patentable

As I've written elsewhere today, there's a lot of activity happening around software patents at the moment. One forum where they're being considered is WIPO.

The FSFE has put together a suitably diplomatic submission to that one of its committees about why software should not be patentable; here's the key section:

the economic rationale for patents is based on providing incentives in cases of market failure, disclosure of knowledge in the public domain, as well as technology transfer, commercialisation, and diffusion of knowledge. The “three step test for inclusion in the patent system” should therefore be based on demonstrated market failure to provide innovation, demonstrated positive disclosure from patenting, and effectiveness of the patent system in the area to disseminate knowledge. Software fails all three tests, for instance, as innovation in the IT industry has been dramatic before the introduction of patents, there is no disclosure value in software patents, and patents play no role in the diffusion of knowledge about software development.

I think this is one of the best summaries on the subject. One to cut out and keep.

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