a letter to the indy - which will probably not be printed

TeeJay on 2005-03-07T19:32:32

Sir,

I'm writing with concern that your good paper, along with the other broadsheets, seems to be have been caught asleep at it's post as the Computer Implemented Invention directive (patenting software, or the unpatentable in laymens terms) weaves its way through the EU legislature.

Those of us in the software industry who understand the huge negative impact software patents will have, are watching in horror as a story to match eastenders or coronation street unfolds. The cast includes the normal vilains (a convicted monopolist that spawned a million virus, grey suited corporate fat cats and their lawyers), victims (small business, free software developers and the paying public) and the under-dog band of MEPs and Campaigners.

The story so far :

The UK and EU patent offices start allowing dodgy patents for software, following the lead in the united states.

A collection of special interests form as they notice they could get the same money-for-nothing extortion racket in the EU as in the US and Japan.

The special interests lobby ministers and commisioners behind closed doors, together with the Patent Offices who want a clean bill of health for all the dodgy patents they've already shifted while nobody was looking.

The European Council get the Patent Offices and special interests to help them draft some legislation to make software patents possible.

The European Parliament gives the legislation a thorough read and spots the deliberate mistake before voting to correct the mistakes and make everything clear. Special interests in the European Parliament attempt to stifle and stop the amendments but they pass with a clear majority.

The European Council rejects the much needed amendments without discussion or reason and attempts to approve its own flawed directive undiscussed and unamended - first they try twice to rubber stamp it at Agriculture and Fisheries meetings but Poland bravely gets the item removed from the agenda, and various countries remove their support until there is no longer a majority supporting the directive.

Then the European Parliament JURI and presidents vote to restart the legislation and do it properly this time. The commisioner and president refuse to restart and try to twist the arm of poland's representative some more.

Several national parliaments demand their representatives object and remove the directive from the agenda so that it can either be amended or restarted. The representives reluctantly try to take the directive off the agenda before anybody can rubber stamp it but crucially fail as the Presidency of the council makes up the rules as he goes along and in a cliffhanger that could leave the european software industry wheelchair bound or in a coma, the directive is rubber stamped unamended and undiscussed leaving only a massive majority vote against it between us and billions of euros in software patent litigation, job losses and hugely inflated software prices.

you can read the whole sorry saga, with the juicy details of who's corrupt, who did and said what and which council ministers lied to or misrepresented their parliaments at www.ffii.org and www.nosoftwarepatents.org.

Unfortunately the UK press have no interest anything technical or european so I don't expect to hear any more about this until I lose my job or take a pay cut to cover all the legal costs of litigation, licenses and general extortion.

regards etc..

Its probably too long but hey what the heck - they don't provide any way to actually contact the journalists, and it would be nice to start some debate even if its a couple of years late.