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 | Posted by: gunne on Thursday, January 27, 2005 - 18:57
Submitted by Trizt |
| | | | The adoption of EU Council's "common position" on a software patent directive has been delayed once again. This opens another window of opportunity for the European Parliament to restart the entire process, cancelling the dreadful Council text of 18 May 2004.
Since the political situation in Europe has changed (for example, due to the positions of Poland and Netherlands) future negotiations in the EU Council would almost certainly lead to a more acceptable result.
Also, if the directive is not referred to the Parliament again but continued in 2nd reading, the European Parliament would to have fix it under extremely difficult conditions. The 2nd reading requires an absolute majority of 367 yes votes, meaning that, in reality, 60-70% of MEPs in the plenary chamber would have to vote yes on each amendment. This complete rewrite, would happen within 3 to 4 months. The failure to adopt critical amendments would result in loopholes allowing software patents. Thus, a meeting of JURI (Legal Affairs Committee) on 2 or 3 February 2005 should be used to give the Parliament the option of demanding a new first reading, (renewed referral) which may be the best way out.
Further information can found at:
http://kwiki.ffii.org/Juri0501En
http://kwiki.ffii.org/RestartGuide0501En
Note that although JURI only has members from at, cz, de, es, fi, fr, hu, it, lt, nl, pl, uk, you still can ask MEPs from your country to put the message through to them, this is also helpful to get a friendly climate in the groups when they discuss whether to put it on the agenda of JURI and the conference of presidents. Writing to your local (non-JURI) MEP also might result in him/her putting it through to a JURI colleague, that is fine too.
Also, help us spread the word: Join the Web Demo and register your site at; http://demo.ffii.org.
Note that there are also persons working on getting a B-Item, see eg on the Netherlands and Danmark in http://wiki.ffii.org/SwpatcninoEn. If you are active at that, please continue doing so. Otherwise, you might better take a stab at someone from JURI; if there are JURI members from your country it is certainly the *right thing to do now*, just delve into the aforementioned http://kwiki.ffii.org/RestartGuide0501En .
Kind regards,
Holger Blasum, FFII, blasum@ffii.org
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