[DMCA-Activists] EU Votes Tomorrow on Right to Express Logic Freely in Code

[Seth Johnson]

This is such a critical vote, and while it's still not clear
whether the set of amendments put forth by Rocard, designed to
assure a clear exclusion of software from patentability, will
garner the necessary 367 votes, it is nevertheless very clear
that the pro-software patent forces are running scared.  They are
also showing their true colors in advance of the vote in a way
that they didn't for the First Reading of September 2003.

If we win the Second Reading vote, the EU Commission and Council
evidently plan to drop the Directive entirely.  In my estimation,
the effort will still be profoundly successful.  The tricks have
been played out, and the nature of the issue is now much more
clearly understood.  Our forces will be marshalled, as well, and
we'll likely see more and more sideliners come out with strong
support.  As that happens, we'll also see the issue discussed in
its own nature, rather than according to blind, jingoistic
appeals to property rights to information as the supposed source
of innovation.

If they keep the Directive, then the EPO's practice will
naturally undergo reconsideration, despite their not presently
being subject to effective EU oversight.  If they don't keep the
Directive, then a successful Second Reading vote will still stand
as a strong historical register.

If we don't win this Second Reading vote, then we will finally
taste the effects of software patents, as the EU's explicit
exclusion of software from patentability is basically the only
reason why we have not seen more software patent cases
prosecuted.


Seth



-------- Original Message --------
Subject: [ffii] Lehne, McCreevy, demonstrators with canoes
Date: 05 Jul 2005 15:37:28 퍭
From: PILCH Hartmut <address@hidden>
To: address@hidden

PRESS RELEASE FFII -- [ Europe / economy / law ]

================================================================================
Patent lobby MEPs calling for rejection of the directive
================================================================================

Brussels, 5 July 2005 - At a press conference this morning at
9:00, the coordinator of the European People's Party group in the
Legal Affairs Committee explained that he is putting together a
majority of MEPs who will vote for a rejection of the Council's
"Common Position" right at the beginning of tomorrow's vote, even
before any amendments are voted on.  Lehne also explained that
there is no longer a majority in the Council for the "Common
Position".

The announcement comes at a time where similar calls have been
launched by the large companies with big patent departments and
big lobbying budgets who have, during the last months, been the
main supporters in Lehne's campaign in favor of the "Common
Position".

Other patent lobby MEPs, such as the Liberal group's legal
affairs spokesman Toine Manders from the Netherlands, have also
started to call for rejection of the Directive.

Manders explains his motives as follows: "A chaos is threatening
... in Strasbourg. Because of the large number of amendments, the
directive could shoot in all kinds of directions like a
firecracker and we want to prevent this."

Lehne called for withdrawal of the directive already in February,
giving as a reason that the Parliament was unlikely to agree to a
favorable (pro-patent) directive at this stage.

The move by Manders and Lehne is coming at a time where a
majority of 367 votes for 21 cross-party amendments is in sight. 
These amendments have garnered support from large groups of MEPs
in the camp of Lehne and Manders, alongside with nearly total
support among all other parties.

The Parliament now still has the chance to vote for a coherent
counter-position to the Council and Commission.  CEA-PME
(including FFII) has called on MEPs to vote for the 21
cross-party amendments, so as to form a coherent
counter-position, and to reject only if these amendments fail to
receive the needed support by 367 votes.  If the Parliament
succedes in forming a coherent counter-position, the Council or
the Commission are still free to withdraw the directive.
Commissioner McCreevy has today once more demonstrated that he is
more than willing to do this.

======================================================================
100 Demonstrators, canoe race, Buzek-Rocard-Duff placards
======================================================================

It is 7:00am this Tuesday July 5 when the first bus unload their
travellers in front of the European Parliament of Strasbourg.
They came from whole Europe, coordinated by FFII.  Some travelled
all night from Poland to be there in time in front of the entry
where MEPs come by between 8:00am till 10:00am with 10h to be
seen with their yellow t-shirts marked "no software patents" and
"power to the parliament".

The large banners are deployed with haste right just before the
arrival of the first members of Parliament
(http://gallery.ffii.org/Strasbourg050705)

Because it is the day before of the great day: today the debate
takes place, and tomorrow will be the vote.

The same day at 8:00, the FFII invited members of Parliament with
a breakfast of work on the question of what still could be done
before the vote.

The pro-patent campaigners of "Campaign for Creativity" chose to
be present on water, the Parliament being surrounded of visible
channels since the buildings; they chartered a small yacht which
carried a large yellow and blue banner (as usual, copycatting the
FFII symbols). The FFII side reacted by bringing a half-dozen
kayaks on to the water with banners calling for a "vote for
Buzek-Rocard-Duff" between two blows of paddle.

On the footbridge which hangs over the channel and connects the
two wings of the building, MEPs laugh. Somebody exclaims: "this
seems to prove that creativity is rather on their side"!

======================================================================
False Press Agency Reports about the Demonstration
======================================================================

Meanwhile the press agency AP has been reporting about protesters
who

*
http://www.businessweek.com/ap/financialnews/D8B569SO0.htm?campaign_id=apn_home_down

"stopped cars of MEPs" and brandished slogans saying "US patents
go out".  We wonder who these protesters were.  As we saw it, the
atmosphere between the MEPs and us was friendly, the slogans were
markedly peaceful.  AP also reports that the proposed law is not
about software as such but only "CAT scanners", "car brake
systems" etc, not about office software and business methods. 
The opposite is of course true.  Intel has meanwhile correctly
noted in a paper distributed to MEPs that "computer-implemented
inventions" do *not* include anything beyond pure software,
whereas "computer-aided inventions" include "thousands of devices
that were out of the scope of the directive". For this reason,
Intel *opposes* the proposal of Buzek-Rocard-Duff to rename
"implemented" to "aided".

We may suggest that both assertions of this press agecies about
the demonstration are about equally credible.  False reporting by
press agencies of this kind as constantly accompanied the
directive project during the last few years.

======================================================================
Background information and further news
======================================================================

* Transcriptions of today's speeches
  http://wiki.ffii.org/ParlTranscript050704En

* FFII Voting List
  http://wiki.ffii.org/PlenVotingList0507En
  A more nicely commented version is being worked on.

* EUpolitix.com: Commissioner McCreevy accuses European SMEs of
  "anti-globalisation, anti-Americanism, anti-big business
protests ...", repeats threats to withdraw the directive if it
fails to impose the current practise of the European Patent
Office.
 
http://www.eupolitix.com/EN/News/200507/5d049d10-690a-4977-b116-4295c1a42937.htm

* Current practise of the European Patent Office
  http://swpat.ffii.org/patents/
  http://swpat.ffii.org/papers/eubsa-swpat0202/tech/

* Trilateral Project of 2000
  http://swpat.ffii.org/players/useujp/

* Lehne law office partner admits: directive intended to impose
US-style software patents
  http://wiki.ffii.org/Stoat050704En

* SAP user association against software patents
  (meanwhile a SAP developper Prof. Bernd Runge said on the radio
that patents are helping criminal elements to prey on SAP and SAP
needs protection from patents rather than by patents)
  http:Sapinfo050705En

* 2005-07-02 Toine Manders fears anti-patent vote and seeks
rejection 
  http://wiki.ffii.org/Manders050702En

* 2005-02-03 Lehne fears anti-patent sentiment and seeks
withdrawal
 
http://www.epp-ed.org/Press/showpr.asp?PRControlDocTypeID=1&PRControlID=3295&PRContentID=6225LG=en

* 2005-07-01 2 large german associations turn from pro to against
software patents
  http://www.heise.de/newsticker/meldung/61326]

* 2005-06-28 German Entrepreneurs accuse Lehne, Wuermeling et al
of fraudulent statements, of conflicts of interst, ask CDU to
show clearly where they stand, complain of being ignored by
pro-patent MEPs, who instead make claims about phantom SMEs
wanting software patents.  In his speech today Lehne denied the
charges.
  http://www.heise.de/newsticker/meldung/61161
  http://www.heise.de/newsticker/meldung/60988
  http://www.patentfrei.de/
  http://wiki.ffii.org/KlausHeinerLehneEn 

* Stay tuned to our news ticker
  http://wiki.ffii.org/SwpatcninoEn

======================================================================
Contact information
======================================================================

Hartmut Pilch and Holger Blasum (Munich Office)
info at ffii org
tel. +49-89-18979927

Erik Josefsson (Brussels Office)
erjos at ffii org
tel. +32-484-082063

Jonas Maebe
FFII BE
jmaebe at ffii org
tel. +32-485-369645

Rufus Pollock
FFII UK
address@hidden
+44-1223-690423

Gérald Sédrati-Dinet
Vice President FFII
address@hidden
+33-6-60-56-36-45


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(un)subscribe via http://lists.ffii.org/mailman/listinfo/news, or
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---


-------- Original Message --------
Subject: [GreenSource] EU executive says would not resubmit
patent bill
   Date: Tue, 5 Jul 2005 16:48:33 +0200
   From: "VANDEWALLE Laurence" <address@hidden>
     To: <address@hidden>


12:30: EU executive says would not resubmit patent bill 

   STRASBOURG, July 5 (Reuters) - The European Commission would
refuse to submit a fresh bill if the European Parliament rejects
legislation to patent software-related innovations this week,
Economic Affairs Commissioner Joaquin Almunia said on Tuesday.

   "Should you decide to reject the common position, the
Commission will not submit a new proposal," Almunia told the EU
assembly on the eve of a  bitterly contested vote on draft
legislation pitting big software companies, who want better
protection, against campaigners for free, open-source  software. 
   A rejection would go against the EU aim of increasing the
25-nation bloc's economic competitiveness, Almunia said. 
   The bill has polarised the technology industry, with large
groups such as Microsoft , Nokia and Siemens saying the changes
sought by some in the  European Parliament would leave products
open to copycat versions from China and elsewhere. 
   The bill's sponsor in parliament, French socialist Michel
Rocard, rejected this in a debate on Tuesday. 
   "I call upon our multi-national corporations to make the
effort and adjust. It won't be as tough as they seem to think it
will be," the former French  Prime minister told the legislature. 
   Member states, like the Commission, want a relatively wide
scope for patenting innovations, but the parliament is split. 
   During the debate, several members of parliament doubted the
assembly would muster enough of a majority on Wednesday either to
agree  changes to the member state version or to reject it
outright. 

*******************************************************
Press service of the Greens/EFA group
in the European Parliament

Damian Connon

Tel:    +32 2 284 16 67 (Brussels)
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