Compliance Toolkit

Linux kernel maintainer joins patent celebrations

Tags:
EC,
EU,
EP,
CIID

Ingrid Marson ZDNet.co.uk

Published: 03 Feb 2005 16:55 GMT

"I'm not anti-patent per se. But if we're going to do it, we should do it properly rather than rushing it through. I don't think that software patents are necessarily bad, but there needs to be a high standard of test for obviousness and innovation. Obviousness is really important. Take one-click shopping -- hundreds of developers over the world could have thought of this. It's such an obvious thing."

But there is a dark cloud already looming over the celebrations of anti-patent campaigners, as the EC has not yet decided whether to agree to the EP's request for a restart. Linux developer Cox said he is worried that the EC may ignore the EP's request.

"Unfortunately, however, it seems the Commission will not treat this as a chance to drop the entire issue but will continue pursuing software patents for the sole benefit of a tiny number of large, mostly American, companies," said Cox. "The battle is far from over."

Mike Calder, chief executive of Web design company Guillemot Design, expressed similar concerns. "The call for a restart on the directive is welcome, but I remain dubious that the EC will kill this pernicious snake," said Calder. "Politicians do not have a good track record of protecting the individual and small independent sector against powerful and well-heeled special interests."

The Foundation for a Free Information Infrastructure (FFII), which has been one of the primary organisations campaigning against the directive, said it hopes the EC will heed JURI's call.

"We hope the Commission will act on this all-party recommendation from the Parliament for a new start. It's a better way forward than trying to flog the dead horse of the previous text through even more Agriculture and Fisheries meetings," said James Heald, a UK spokesman for the FFII.

The EP has said that it is keeping its options open and will see what happens with the EU Council. It is not known yet how the Council will respond as it has repeatedly tried to ratify the directive. An EU Council spokeswoman said on Thursday that it has not yet decided anything and could legally argue that the Parliament has not got the right to demand a restart. The Council is due to meet tomorrow and is likely to discuss then what to do next, she said.

Some organisations will be happy if the Council does fight the EP's decision. A UK Patent Office (UKPO) spokesman said that it was "looking forward" to the Council ratifying the directive and is worried that the process could drag on for a long time. The UKPO disagrees that the patent directive will allow the widespread patenting of software and that it will harm small businesses. Instead it claims that the law must be clarified to make it easier for companies to contest inventions.

"We believe that the directive is necessary for clarifying the law, maintaining the status quo and making sure we have the necessary framework to protect all technological innovations, regardless or not of whether they are implemented through software," said the Patent Office spokesman.