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Yes To Innovation!
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FFII.se is the Swedish chapter of FFII, Foundation for a Free Information Infrastructure, which is the leading European organization working to prevent the introduction of software patents in Europe. The issue is on the legislative agenda in Brussels right now, and will be determined in a vote in the European Parliament in the spring 2005.
A complicating factor is that nobody openly admits to being in favor of software patents. The proposed EU directive is claimed to be about harmonization of national laws, but opens the door for US style patents on computer programs and business methods, something that everybody claims to be against.
The illustration shows an
imaginary example of an ordinary e-commerce site, with typical functions. This site infringes on 20 software
patents. The patents have already been granted by the European Patent Office EPO, despite the fact that there is no
legal basis for granting them. Yet.
Because now the EPO and other lobbying groups in Brussels want to change the law, to make these patents valid. Then the patent holders can start demanding royalties and suing for compensation. Do you (or any of your clients) have a web site where you can order things over the Internet? Then this is probably something that concerns you too.
FFII.se wants the law to remain the way it is written today, which is that computer programs are protected by copyright, and patents can only be granted for real technical inventions with industrial application. This position was shared by the European Parliament in a vote in September 2003. How things will stand this autumn, when the issue will be settled in a second vote, is an open question. So right now it is possible to influence the outcome.
On this site we explain what software patents are, and why they are harmful to society and to business. We explain the difference between software patents and regular patents, and how it is possible to be against software patents, but still be in favor of for example mechanical, chemical and pharmaceutical patents.
We explain the legal background and the political game, and why most of the businesses that will be hurt by software patents if they become legal, haven't even heard about the issue.
Read how the answer to the question turns out to be the the law explicitly prohibits software patents, but in practice the EPO grants them anyway. As long as you pay your fees to the EPO. Which, incidentally, the EPO is allowed to keep, as long as they keep on granting patents.
"We want to keep Europe free from Amazons's 1-click-patent" says MEP Arlene McCarthy, when somebody points out to her that the EPO has granted that patent in Europe too. "This is an example of bad EPO practice", she continues.
But then she vigorously fights to prevent the directive from containing the definitions that would make the 1-click-patent invalid. Read about political double-talk on a high level.
Have you signed it? Click on the link to read more, to decide if you should.