European Patent Wars Heat up Again

Simon Rosenqvist

Sat Nov 11 16:22:16 -0800 2006

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Well, it's a difficult question. The politics and decision making of the European Union is complicated and more focused at broad agreements than quick ones. Somewhere I would like to think that software patents will be abolished alltogether, though I guess that's more utopia than realism.

I do not have any greater knowledge about the details, but from what I read in the article the Parliament has strongly rejected the suggestions. As long as the resistance there is alive and strong I doubt anything will come through (as it would require 100% of all ministers in the council to vote for it - highly unlikely).

So my guess is that it will be resisted. Talking about efficency when discussing the governing of the European Union could be somewhat harsh though :-)

European Patent Wars Heat up Again

zotz

Sat Nov 11 19:20:38 -0800 2006

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I think it might be time for "our side" to play offence for a time. Are there any law changes that we can push for that will benefit or be neutral towards well intentioned players but will scare or hurt ill intentioned ones?

Some initial thoughts:

Push for a change so that all "non-marked" works get automatic copyleft protection instead of standard copyright protection.

Since the big boys like the term "intellectual property" push for a tax on it based on its owner declared value. Two kickers. Copyleft works are exempt from the tax and whatever value is declared for tax purposes is also an enforced sale value to anyone wanting to put it under a copyleft or perhaps to anyone on a first come first served basis.

Anyone filing a suit based on a patent that is found to be invalid on challenge loses 10 percent of their patents to a copyleft type patent pool with the patents lost to be chosen by the individual bringing the patent challenge.

Copyright terms to be reduced to fifteen years.

Anyone in possession of a patent based on prior art will lose 5 percent of their patents to a copyleft type patent pool with the patents lost to be chosen by the individual bringing the patent challenge based on prior art.

Copyrights revert to the human authors a half span or 7.5 years, whicherver is less.

Some I have thought of for years, some I just plucked out of the air.

One of the ideas behind this is to have current law and practice in the middle of any proposed changes to the current law so that a compromise might just as well result in a better situation as well as a worse situation. These days, it seems the current situation is always at one end of the possibilities and drastic worsening at the other. Any compromise then results in a situation that is worse than now.

Please, add any ideas you might have along these lines. We can pick them apart later after we have collected a bunch if that is OK with everyone.

all the best,

drew
Sayings - Deterred Bahamian Novel

European Patent Wars Heat up Again

Christopher Culver

Sun Nov 12 07:59:13 -0800 2006

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The changes you propose are not dependant on malleable portions of EU law. That unmarked works get full copyright protection, for example, is declared by the Bern convention. Changing EU copyright law in the way you desire would require the EU first to unsubscribe from the Bern convention, which just ain't ever going to happen.