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4. Software patent debate heads for climax
============================================================

The not for profit association FFII (Foundation for a Free Information
Infrastructure) is assembling all forces for a climax in the battle
against the patentability of software programs. On 6 July 2005 the
European Parliament will vote in plenary on the proposed directive on
computer-implemented inventions. It is the second reading. In the first
reading Parliament rejected the Commission proposal with a large majority,
but that protest was largely ignored by the ministers of competitiveness
from the member states. In the second reading an absolute majority of all
MEPs is required to reject or amend the proposal, i.e. 367 votes,
irrespective of absences or abstentions. In order to make sure enough MEPs
are present, FFII is calling on all supporters to contact their national
Europarl representatives.

First the commission on legal affairs (JURI) will vote on 20/21 June 2005.
In a great collaborative effort FFII has build a file with all the
amendments tabled on the proposal prepared by rapporteur Michel Rocard,
with extensive voting advice.

On 1 June 2005 FFII organised a conference in Brussels with the CCIA
(Computer and Communications Industry Association) and 4 MEPs. This
morning two other hearings were organised by the Europarl itself. One
hearing was organised by the Greens together with FSF Europe with keynote
speaker Richard Stallman and another by the EPP-ED group with Theodora
Karamanli from the European Patent Office and many representatives from
both SMEs and multinational companies. Finally, this evening
demonstrations will take place in Brussels, Vienna and Helsinki.

According to FFII notes on the conference there was an interesting debate
with Mark MacGann, the executive director of EICTA, about the validity of
the 'economic majority' presented by FFII against software patents. This
open list is now signed by 544 companies, representing an annual turnover
of almost 1.5 billion euro. EICTA (European Information, Communications
and Consumer Electronics Technology Industry Association) represents 32
national ICT/CE associations from 24 European countries and fully supports
the Council position. MacGann explained that software patents were
sufficiently excluded. Immediately a representative from SUN stood up and
said EICTA could not speak on behalf of their company on software patents.
Similarly, a representative from ISOC Poland said the Polish IT
association had equally rejected the position of EICTA.

The German e-zine Heise was present at the conference and reports that the
Council is already setting up trilogue meetings to reach a common
position, independent of the outcome of the EP plenary vote, to prevent
any official conciliation procedure. If Council, Commission and European
Parliament reach such an informal agreement, the directive can immediately
enter into force after the EP vote.

Softwarepatente: EU-Rat will kurzen Prozess bei der Richtlinie machen
(02.06.2005)
http://www.heise.de/newsticker/meldung/60169

FFII notes on the 1 June conference (01.06.2005)
http://wiki.ffii.org/Konf050601En

FFII analysis and voting recommendations per article (ongoing)
http://swpat.ffii.org/papers/europarl0309/amends05/juri0504/amendment-analysis.pdf

Sign-up campaign economic majority
http://www.economic-majority.com/