From FSF Europe

From: Frederick Noronha (FN) (fred_at_bytesforall.org)
Date: 05/16/04

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    Date: Sun, 16 May 2004 06:18:36 CST
    
    

    >>From press@fsfeurope.org Sun May 16 04:05:18 2004

    Essen/Hamburg

    May 14th, 2004

                        FSFE welcomes German government on its way towards
                a clear position in the discussion around software patents

     The Free Software Foundation Europe (FSFE) "welcomes the commitment
     of the Federal Government of Germany to freedom from software patents
     as being of extreme importance for innovation in Europe", Georg
     Greve, president of FSFE, comments in a press release. "Clearly the
     opinion of the Federal Government regarding the information society
     is shifting towards a position which is clear and close to the
     position of its citizens. The FSFE will support the German government
     on this journey to its utmost."

     The ongoing learning process is particularly notable to the FSFE,
     because for a long time during the preparatory deliberations of the
     working group of the Council of Ministers, the Federal Republic
     belonged to the hawks.

     These hawks wanted, for example, so-called "requirements of program"
     to be accepted. If these were to be introduced, a patent would be
     infringed by the mere existence of a program, not just by its
     commercialisation.

     "This would threaten all people who develop software -- whether the
     software is intended for use in study, leisure or business -- exactly
     what the patent industry wants", explains Greve, and points out that,
     "it is contradictory to use Free Software in so many public
     institutions on the one hand and to threaten them with software
     patents on the other hand."

     The patent supporters want to monopolize interfaces and file formats.
     The consequence of this would be that import and export features and
     even simple printing features might be offered by the holder of the
     monopoly only.

     With this shift in direction, the suggestions the FSFE has been
     making for years are starting to pay off. A number of administration
     officials understand software patents to be a serious thread to the
     information society; now the Ministry of Justice seems to subscribe
     to this view as well.

     Last Wednesday Elmar Hucko, head of a government department in the
     Ministry of Justice, announced at an event in Berlin that the Federal
     Government would vote against the controversial software patent
     directive of the Council of Ministers of the European Union. At the
     same time, according to the online magazine "heise.de", Hucko
     criticised the current practice in the European Patent Office (EPO)
     of granting patents in the field of "computer-implemented
     inventions". "Not all of these these patents should have been
     granted," he emphasised.

     "After this we are confident that even the Ministry of Justice will
     accept sooner or later that software can be patentable under no
     circumstances -- not even when it is supposed to control machines,"
     says the FSFE in a press release.

     In Greve's opinion, the Federal Government should, given its change
     in stance, now argue against the other members of the EC, "in order
     to avoid a wrong decision". It should then convince its colleagues to
     exclude software patents for the future.

     Then it might be possible to offer a draft directive to the European
     Parliament by the end of the year, "benefiting freedom and ensuring
     continued innovation and growth" which restrains the patent industry
     from bludgeoning software companies.

    About the Free Software Foundation Europe

     The Free Software Foundation Europe (FSF Europe) is a charitable
     non-governmental organization dedicated to all aspects of Free
     Software in Europe. Access to software determines who may participate
     in a digital society. Therefore the freedoms to use, copy, modify and
     redistribute software - as described in the Free Software definition
     - allow equal participation in the information age. Creating
     awareness for these issues, securing Free Software politically and
     legally, and giving people freedom by supporting development of Free
     Software are central issues of the FSF Europe, which was founded in
     2001 as the European sister organization of the Free Software
     Foundation in the United States.

     http://fsfeurope.org

       
    Contact

       Europe:
            Georg C. F. Greve <greve@fsfeurope.org>
            phone: +49-40-23809080
            fax: +49-40-23809081

       Further contact information available at
       
       http://fsfeurope.org/contact/

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