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France
Against Software Patents
EuroLinux
Alliance
petition.EuroLinux.org
For immediate Release
Paris. 2001-03-25. On Friday, March 23rd 2001,
State Secretary of Industry Christian Pierret who is directly in
charge of the French Patent Policy stated in an interview to 01
Informatique, the leading IT magazine in France: "I am
against software patents in Europe. It would kill innovation and
promote juridical terrorism because multinational software publishers
would multiply legal disputes against start-ups".
EuroLinux welcomes this brave position. "Christian Pierret is
the living proof that there still exist politicians in Europe who
defend innovation and the general interest even under the pressure of
powerful multinational software publishers, politicians who can
oppose the underwater lobbying of their national patent offices
seeking to defend their own privileges" says Stéfane
Fermigier, Pdt of AFUL for EuroLinux.
EuroLinux wishes for other governments in Europe to be able to
take similar positions. In Germany, all political parties have taken
positions against software patents. In France, many member of
parliaments (Conservative, Greens, Socialists) have taken positions
against software patents. In the Netherlands, the parliament ordered
its government to first fix the obviousness and technicality criteria
before allowing software patents. In Denmark, PROSA, an association
of 13.000 computer professionals opposed software patents. The
EuroLinux petition counts 200 commercial companies in its supporters,
as well as more than 70.000 individual signatures.
Still, key software patent lobbyists such as the UK Patent Office,
which organised in London in 1998 an EC conference to promote
software patents, or John Mogg, head of the General Directorate for
Internal Market at the European Commission, are pushing for the
legalisation of so-called "patents on software with technical
effect". The problem with this approach is that "the
technical character of computer software should be generally
acknowledged" which means that "all computer programs are
technical" as famous German patent expert M. Betten
explained in front of EC representatives as early as in 1997, during
a conference of the UNION, an association of more than 700
professionals in industrial property from 20 European countries. It
is obviously contradictory to ban software patents and to legalise
patents on software with technical effect. Recent decisions of the
European Patent Office show that the legalisation of "patents on
software with technical effect" would not only legalise patent
on file formats (ex. GIF, MP3) or network protocols (ex. WAP) but
also lead to patents on business methods such as "printing
cooking recipes on demand" (EP756731) or "managing a
company through a single log file" (EP 209907 )
EU governments should understand that the General Directorate for
Internal Market is trying to fool them with the concept of "software
with technical effect". They should clearly say "NO!"
to all software patents, with or without technical effect, in order
to protect innovation in Europe.
Picture
Christian Pierret at Metz University in 1998. (copyright EuroLinux
- reproduction authorised)
High Resolution available at http://www.aful.org/images/pierret-tux-big.jpg

References
EuroLinux petition for a
Software Patent Free Europe - http://petition.EuroLinux.org/
A few patents granted by the European Patent Office to "software
with technical effect"
EP 209907 - Computer
management system EP 762304 - Trade warrant system EP 784279 -
Stateless shopping cart for the web EP 756731 - Interactive
information selection apparatus
Excerpt of 01 Informatique
(2001-03-23) interview with Christian Pierret:
Public
Administrations get on-line faster thanks to free software
"I
already supported personally open-source software, notably at the
university of Metz. I am glad to see French publishers of free
software like MandrakeSoft be successful in the United States. I
support Linux and free software, because they allow faster and more
robust development to put the Public Administration on-line. While
commercial software raise the issue
of computer security, since one does not know what is inside. This is
why I am against software patents in Europe. It would kill innovation
and promote juridical terrorism because multinational software
publishers would multiply legal disputes against start-ups"
The EuroLinux Alliance for a Free Information Infrastructure is an
open coalition of commercial companies and non-profit associations
united to promote and protect a vigourous European Software Culture
based on Open Standards, Open Competition, Linux and Open Source
Software. Companies members or supporters of EuroLinux develop or
sell software under free, semi-free and non-free licenses for
operating systems such as Linux, MacOS or Windows.
The EuroLinux Alliance launched on 2000-06-15 an electronic
petition to protect software innovation in Europe. The EuroLinux
petition has received so far massive support from more than 70.000
European citizens, 2000 corporate managers and 200 companies.
The EuroLinux Alliance has co-organised in 1999, together with the
French Embassy in Japan, the first Europe-Japan conference on Linux
and Free Software. The EuroLinux Alliance is at the initiative of the
www.freepatents.org web
site to promote and protect innovation and competition in the
European IT industry.
Press Contacts
France & Europe: Stéfane Fermigier sf@fermigier.com
+33-6 63 04 12 77 Germany & Europe: Harmut Pilch phm@ffii.org
+49-89 127 89 608 Denmark and Northern Europe: Anne Østergaard
aoe@sslug.dk Belgium: Nicolas
Pettiaux nicolas.pettiaux@linuxbe.org
Permanent URL for this PR
http://petition.EuroLinux.org/pr/pr10.html http://petition.EuroLinux.org/pr/pr10.pdf
Legalese
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