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Re: [ITpolitik] Svenskt Näringsliv ochGöran Tunhammar stöttar McCarthy



On Fri, 25 Apr 2003 16:12:25 +0200
Erik Josefsson <sslug@sslug> wrote:

Uppropet för kommissionens förslag är signerat av 

"Open Forum Europe Programme Director President GrowthPlus
``Initiative to accelerate the market take up ``Europe's 500 fastest
growing of Open Source Software (OSS) companies''
Dr. Bernhard Rohleder, Christian Vanhuffel,"

Vilka 500 OSS-företag är det som står bakom det här?

//Erik



> Hej.
> 
> Svenskt Näringsliv och Göran Tunhammar stöttar McCarthy,
> mjukvarupatent och "product claims as it is now
> allowed by the case law".
> 
> //Erik
> 
> 
> Begin forwarded message:
> 
> Date: Fri, 25 Apr 2003 14:04:31 +0200 (CEST)
> From: Hartmut Pilch <sslug@sslug>
> To: sslug@sslug, <sslug@sslug>
> Subject: [Patents] Large Industry Assocations for McCarthy + Program
> Claims
> 
> 
> See text below, converted from an MSWord document.
> 
> Note that they claim so speak even in the name of "Europes fastest
> growing
> 500 Opensource Companies", saying that allowing patent owners to ban
> interoperable software, as secured by article 6 of the directive, is a
> way
> of protecting open-source software and that preventing the patenting
> of"pure business methods" is a way of preventing "american excesses".
> 
> This proposal only shows that the public policy on patents of large
> organisations is still dominated by the patent arms of their large
> members.
> 
> Many of these "industry organisations" are currently lobbying MEPs. 
> The standard arguments most often brought forward are
> 
> <<
> 
> -- This is not an issue of only software companies but of classical
>    industrial companies, and the latter badly need swpat to protect
>    their innovations in machine-building
> 
> -- For that purpose, a claim of the form
> 
>      a machine, characterised by that it is programmed in some way
> 
>    is not enough.  The machine builders badly need claims of the form
> 
>      a program, characterised by that it ...
> 
>    Arlene McCarthy's proposal is great, but on this point (Art 5) you
>    should follow amendments of Malcolm Harbour (UK, PPE).
> 
> -- Copyright does not protect anything.  If you recode
>    a C program in Perl you do not infringe on copyright.
> 
> >>
> 
> The pattern is always the same and there are a lot of patent lawyers
> speaking in the name of "the industry" spreading this kind of argument
> at the moment.  It is practically impossible to find any real
> representative of industry companies, except for patent lawyers, who
> will speak in favor of software patents.  But the latter still have
> a firm grip on industry associations, as seen below.
> 
> ---------------------------------------------------------------------
> ---
> 
> International Chamber of Commerce
> 
> The world business organization
> 
> 
> 
> 22 April 2003
> 
> PROPOSAL FOR A DIRECTIVE ON THE PATENTABILITY OF COMPUTER-IMPLEMENTED
> INVENTIONS
> 
> Joint statement of the Industry  on the Draft Report of the European
> Parliament's Legal Affairs Committee
> 
> Dear Member of the European Parliament,
> 
> A very broad platform of trade associations and industry groups,
> including ICC (International Chamber of Commerce), UNICE, EICTA,
> Growth Plus, ICRT, Open Forum Europe, BITKOM, AGORIA, INTELLECT,
> SEDISI and the Confederation of Swedish Enterprise welcomes the Draft
> Report of the Committee of Legal Affairs and the Internal Market, that
> stresses the need for a directive and for patent protection of
> computer-implemented inventions, and tables amendments that will help
> to clarify the legal situation in Europe.  We highly appreciate the
> work done by the Rapporteur and want to encourage all the members of
> the Legal Affairs Committee to adopt a clear framework that could
> contribute to the fulfilment of the promises of the Lisbon summit on
> the competitiveness of Europe.  We believe the amendments proposed in
> the Draft Report are beneficial to the European industry, including
> the small and medium enterprises (see points 1 to 3), but we have a
> great concern with the issue of product claims (point 4).
> 
> 1. The Directive should confirm the current scope of patentability and
> ensure that the European practice which has served Europe well is not
> disrupted.  Legal certainty in patent protection is a precondition for
> the industry to invest in software development. Such certainty needs
> to build on the existing interpretations of the legal framework.  By
> integrating the long-standing approach of the European Patent Office,
> the proposed amendments 2, 3, 4, 5, 6, 7, 12, 14, 15 will codify
> existing rules and preclude the patentability of ``pure'' business
> methods.  The use of the precise definitions and conditions developed
> by the jurisprudence is the only way to prevent an evolution towards
> an overly liberal treatment, such as the one in effect in the United
> States.   The EPO's rigorous examination practices will be maintained
> by this directive and should prevent many of the problems seen in
> other parts of the world with so-called ``trivial'' patents.
> 
> 2. The Directive should  safeguard the possibility for  software
> developers to  develop interoperable systems.  Amendment 10 and 16 of
> the Draft Report seek to   maintain the existing possibilities of
> software developers to engage in studying and reverse engineering of
> computer programs by clarifying that acts falling within the relevant
> exceptions to the copyright protection of programs, are not affected
> by patent protection.
> 
> 3. The Directive should provide for a mechanism that ensures that open
> source software development will not be negatively affected. 
> Amendment 17 empowers the European Commission to monitor the impact of
> the Directive on innovation and competition, and in particular on
> small and medium businesses.  This mechanism will guarantee against
> any adverse effect of the Directive on the community of independent
> developers, in particular on those that are contributing to the
> development of open source software products.
> 
> 4. The Directive should permit to apply for product claims as it is
> now allowed by the case law.  Article 5 should be amended to allow
> program product claims in line with the existing practice of the
> European Patent Office and of Member States' national courts.
> Otherwise the Directive will hinder the enforcement of patent
> protection for computer- implemented inventions.  The Commission's
> proposal has indeed the effect that a product claim can only be
> enforced when a user implements the program with some hardware or
> apparatus.  It is contradictory to provide for a right that is not
> easily enforceable against the suppliers (or distributors), which
> cause (or participate in) the infringement. Curiously, a patent owner
> would be able to stop the supplier of a software product if the
> supplier is in the same Member State where the software is used but
> not if the software product is exported for use in a different Member
> State. The Commission proposal, if not amended, would have the serious
> drawback of introducing a cross-border anomaly and distortion in the
> internal market.  It is also not consistent with the stated objective
> in that the Directive clearly diverges from the existing practice on
> this important issue.
> 
> The associations below representing a broad cross section of Europe's
> most innovative industries seek Parliament's approval of the Directive
> on patentability of computer-implemented inventions with amendments
> outlined above.
> 
> Oliver Blank,							Philippe de Buck,
> 
> EICTA Director General					UNICE Secretary General
> 
> Urho Ilmonen,							John Stephens,
> 
> Chair ICC Commission on 					ICRT Chairman
> 
> Intellectual Property
> 
> Graham Taylor,						Christian Hunt,
> 
> Open Forum Europe Programme Director 			President GrowthPlus
> 
> ``Initiative to accelerate the market take up ``Europe's 500 fastest
> growing of Open Source Software (OSS) companies''
> 
> Dr. Bernhard Rohleder, 					Christian Vanhuffel,
> 
> Hauptgeschaeftsfuehrer BITKOM 				Director AGORIA
> 
> 
> 
> 
> 
> Anthony Parish, 					Goerran Tunhammar,
> INTELLECT rep. on the 				Director General,
> EICTA Board						Confederation of Swedish Enterprise
> 
> 
> 
> Joaquin Oliveras
> 
> SEDISI Director General
> 
> -- 
> Hartmut Pilch, FFII & Eurolinux Alliance              tel.
> +49-89-12789608
> Protecting Innovation against Patent Inflation	     http://swpat.ffii.org/
> 140,000 signatures against software patents         
> http://noepatents.org/
> 
> 


 
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