V. Sasi Kumar wrote:

On Wed, 2005-07-06 at 23:42 +0530, Ramanraj K wrote

(Well, the credit goes to Sivasankar :)

...

Great news! The EU software patents bill was crushed by a huge margin today: http://news.bbc.co.uk/2/hi/technology/4655955.stm

The news item says: ... Dr John Collins, a partner at patent attorney Marks & Clerk said the decision was not a victory for opponents of software patents.

"Today's outcome is a continuation of inconsistency and uncertainty with regard to software patenting across the EU," he said.

"Software will continue to be patented in Europe as it has been for the last 30 years," said Dr Collins. ... Does this mean that software can be patented?

No. In Europe, patents are governed by the European Patent Convention, as amended from time to time since 1973. http://www.european-patent-office.org/legal/epc/e/ar52.html#A52

<quote> Article 52

Patentable inventions

(1) European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.

(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:

(a) discoveries, scientific theories and mathematical methods;

(b) aesthetic creations;

(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

(d) presentations of information.

(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.

(4) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods. </quote>

The above is in accordance with TRIPS Agreement, and as we can see, computer programs are not patentable in Europe. If there are any EU patents for software, they are merely invalid and ultra vires. The whole problem is because a few mega corporations either won't or can't see the reasons behind these laws, and keep lobbying every where to introduce patentability for software by hook or crook.

It is illegal and unlawful to patent computer programs under the TRIPS Agreement, that came into force 10 years ago. Patents granted for software in some jurisdictions like US or other select countries are no longer valid after the TRIPS Agreement came into effect. If any signatory to the TRIPS treaty has laws that allow patents for software, then such nations are clearly in breach of their international obligations, and could be held liable and answerable. The home for "software patents" is the US, and some of its corporations that think this as an easy device to make money out of thin air, have been lobbying in Europe to give legitimacy to "software patents", and this move has been defeated recently with an overwhelming majority.

ffii.org leads the battle against these moves in Europe. Nearly 1,934 companies with about 31,488 employees and annual turnover of 3,258,164,082 EUR, have entrusted the FFII to defend their interests, which they define at http://www.economic-majority.com/ as follows:

<quote> Declaration

Our enterprise is worried about plans to legalise patents on software solutions ("computer-implemented inventions").

We rely on software copyright. We need to be sure that we own what we write.

We need to be sure that we can publish and distribute our own programs.

We need to be sure that, as long as we respect the rules of copyright, we can run any software on any office or network computer.

We urge legislators to confine the patent system strictly to the limits of applied natural science. In principle, only knowledge which had to be obtained through costly experiments with forces of nature should be eligible for the broad, slow and expensive monopoly protection which the patent system offers. </quote>

Our friend Christian at Code Liberty has called 6th of July 2005, "The Day of Intellectual Independence", on which day, "[t]he European Parliament has dramatically rejected the software patent directive, putting an end to the attempt to impose software patent enforceability on Europe".

More info on these developments is available at:

http://wiki.ffii.org/Ep050706En http://wiki.ffii.org/AmPlenPr050701En http://wiki.ffii.org/AmPlenExplanation05En http://www.codeliberty.org/?fullstory=00040

Now, the US is largely isolated and alone on this issue. FAREED ZAKARIA has reviewed the book titled "THE WORLD IS FLAT: A Brief History of the Twenty-First Century" by Thomas L. Friedman at: http://query.nytimes.com/search/article-printpage.html?res=9D07E6DB1731F932A...

The reviewer notes that "China and India loom large in Friedman's story because they are the two big countries benefiting most from the flat world". He further says:

<quote> The ultimate challenge for America -- and for Americans -- is whether we are prepared for this flat world, economic and political. While hierarchies are being eroded and playing fields leveled as other countries and people rise in importance and ambition, are we conducting ourselves in a way that will succeed in this new atmosphere? Or will it turn out that, having globalized the world, the United States had forgotten to globalize itself? </quote>

It is most tragic that the US has been deaf to what RMS has been crusading and campaigning for the past many years. The freedom of people to use the digital medium with utmost liberty will largely determine the very fate and future of nations. It is not too late to make amends, and change policies towards having sane laws and practices. HTH.

Regards, Ramanraj.

Arpit Sud wrote:

On 7/8/05, V. Sasi Kumar sasi.fsf@gmail.com wrote:

...

[d]oes this mean that software can be patented?

The countries will have their own laws with respect to the software patents. Now its up to the govt of the european countries whether they allow software patents or not.

Patents in the Europe Union are governed by the European Patent Convention, 1973, that is binding on its member states and it is not possible for the member countries to have their own patent laws. The 1973 convention is often cited as a good example of the co-operation between European nations, and much has been built upon it. Europe is divided on some issues, but this issue is not among them for a fairly long period of time now.