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he JURI comittee voted on which amendments they wanted to add last monday. The situation now looks very bad, if the text is approved as is, it will allow for unlimited patentability (of software components, business methods and algorithms). Allowing intangible things to be patented is a really bad idea (as somebody pointed out, I could patent "anti-gravity" even though it doesnt exist, on the offchance that one day somebody invents an anti-gravity device, and I can then sue them). In this way, all future scientific developments could find themselves already infringing somebody's previously registered patent. The same is true of algorithms, one could patent algorithms which have no practical use yet, and pretty much halt all free software development of new algorithms. The JURI version of the sw. patent text also mandates RAND ("Reasonable" and Non-Discriminatory) licensing; that is to say, if you develop a new standard, you can charge people for using it, but you must charge the same price for all licensees. Therefore, there is no way to charge for a commercial license, and give away a free software version, since that is "discriminatory". There is a final chance for MEPS to add new amendments at the plenary session (I think its July 2nd) and then at the second reading (although the pro-patent lobby are trying to avoid this step). Thus it is vital right now to contact your MEP and ask them to vote for amendments which will stop patenting of pure software, algorithms, and standards. If the current proposal is passed, I think the result will be disastrous for Free Software, after all, who will publish even a single line of code when by doing so they could be sued for unknowingly infringing somebody's patent ? Regards, Gabriel. |
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