From: Tim Jackson <tim@timj.co.uk>
To: rsturdy/at/europarl.eu.int,
emcnally/at/europarl.eu.int,
cbeazley/at/europarl.eu.int,
bkhanbhai/at/europarl.eu.int,
richard.howitt/at/geo2.poptel.org.uk,
mep/at/andrewduffmep.org,
gvanorden/at/europarl.eu.int,
ukipeast/at/globalnet.co.uk
Subject: Software patenting: crucial vote on Monday
Date: Thu, 26 Jun 2003 23:20:07 +0100
To all MEPs for the Eastern Region,
I recently wrote to you all expressing my concern about the current plans
in the European Parliament to effectively allow software patenting. Many
thanks to the five of you who have found the time to reply.
As you may be aware, JURI concluded its discussions last week,
incorporating none of the widely-supported amendments (including those
from CULT and ITRE) to the proposed Directive which would have given
business in Europe real certainty and avoided creating a nightmare
scenario which threatens to substitute innovation with litigation and put
the brakes on the current unprecendented speed of innovation in the
software sector.
I understand the proposed Directive has been suddenly fast-tracked (in an
attempt to avoid a real debate on these tough issues perhaps?) and will
now reach a plenary hearing next Monday (June 30th); therefore, I am
writing to you in a final plea for you to heed the cries of professionals,
experts, researchers and engineers all over Europe and make the European
Parliament work for the people it is intended to serve by fighting this
proposed Directive in the strongest possible manner, asking tough
questions of those (including those within your own political groups) who
commend it to you, and raising awareness amongst your Parliament
colleagues of why this legislation is bad for innovation and freedom. Most
importantly, I beg you to realise that this proposed Directive is being
falsely presented to you as a Directive that actually *limits*
patentability. This is demonstrably false, as reading of the actual text
will will demonstrate when compared against libraries of real software
patents. However, this proposal is being deceptively presented by its
proponents as a "moderate" proposal which is supposedly in the name of
software business and industry in Europe whereas in reality it is a green
light for wide-scale software patenting, opposed by a staggering majority
of the technically-skilled people whose lives and businesses it will
affect and whose views and concerns have been almost completely ignored or
disregarded in the consultative process to date. My fear is that lacking
the time, resources or technical background in software to perhaps fully
appreciate the subtleties of the proposed Directive, the claims of its
proponents will appear reasonable and as a result MEPs throughout the
Parliament, perhaps including some of you, will believe that voting for it
will be good for software industry and engineers in Europe.
For the avoidance of doubt: almost all involved in software in Europe, bar
a select few large corporations, and law firms who make money from
litigation and legal complexities, are opposed to software patenting.
There is a huge groundswell of opinion amongst the real software engineers
(who understand the complex process and history of software development)
which favours strong and unambiguous *prohibition* of patents on software.
Copyright is the right tool to protect software, not patents. By using
grossly misleading and emotive language such as "giving software
innovators the protection they deserve" the proponents are trying to give
the appearance that software developers and businesses are crying out for
"protection" by patents, when quite the opposite is true - we (and society
at large) actually want and need protection *from* software patents!
Please also consider that when rapporteur Arlene McCarthy and others claim
it "merely codifies the current position" they mean that it legalises the
currently illegal practice (according to the European Patent Convention)
of the European Patent Office in granting software patents, and when they
talk about "limitations" and "technical effects" this is paying
lip-service only to limiting patents on software; in reality, such terms
are smoke and mirrors and provide no practical limits at all.
The careers and freedoms of hundreds of thousands of IT professionals and
other software developers in Europe depend on your actions and votes. Our
voices are not being heard. I beg you to take the time to review the
proposed Directive for yourselves and understand the gravity of this issue
and the very serious effects the proposed Directive will have if approved.
If you have any doubts or queries whatsoever, I will be delighted to
discuss the issues with you; you can reach me on +44(0)7941 529932 during
the coming weekend, and there is also an authoritative site at
http://swpat.ffii.org/ which has a huge library of information documenting
in a completely open and transparent way the path which has led to the
current situation, and the reasons (from many different angles) of why
software patenting will cripple the European software industry, especially
smaller businesses and individuals.
If any of you intend to vote in favour of the proposed Directive, may I
ask you to be so kind as to explain to myself your reasons for concluding
that this is in the interests of Europe? The eyes of many IT-literate
constituents are on you, and you will undoubtedly permanently lose many of
our votes (certainly including mine) should you choose to support this
assault on our livelihoods and interests.
Many thanks for your time.
Tim Jackson