Software Patents 2006

Ciarán O'Riordan

Free Software Foundation Europe

<ciaran@fsfe.org>

http://www.fsfeurope.org

About me

• Working against software patents since early 2003
• Working with IFSO
• Now in Brussels
• Working for FSFE

July 2005

• In July 2005 we won something
• Beat a massive lobby
• Showed we can be effective
• ...but didn't win everything, we scared them off

Problem for Software

• Patents cover ideas, of which software has thousands
• According to one lawyer, the kernel of GNU/Linux infringes 283 patents
• Patents add cost and risk to development and distribution, so it's for those who can bare that
• Patents specifically inhibit writing useful software
• Indirect discrimination

How'd it start

• European Patent Convention: "...as such"
• EPC won't be changed
• A directive to clarify
• Fended off

Current Status

• Software idea patents are granted
• They are used for threats
• The courts are rejecting almost all
• Europeans are mostly safe

European Governance

• That was one attempt
• Administrative: European Patent Office
• Legislative: European Parliament/Commission (law makers)
• Judicial: National courts

Next problem

• Legislation won't change
• Administration is already against us
• Change in the judicial

Community Patent Basis

• One central court
• Harmonised rulings
• Reduced costs
• There are arguments against these, but we can probably leave them to business
• We have to remember our arguments (ex: if we say "SMEs", they can offer a patent fund for SMES)

Community Patent Implementation

• Judges appointed by the EPO
• Judges reviewed by the EPO
• Judges can be employees of the EPO
• If the judiciary changes, software patents will be enforceable

EPLA

• Community Patent ongoing since 1968
• An intergovernmental treaty has been proposed: EPLA
• Probably illegal
• Contradicts European governance
• Could get through if there's a broad unanimous mandate
• (This means we've put them in a weak position)

Our Work Now

• Speak up: the broad unanimous mandate doesn't exist
• Work with the Parliament, the Commission, national governments
• This isn't "software patents" this is "impartial judiciary"
• Learn the procedure again
• They're always afraid that a delay will let us gather 2000 people in Brussels

GPLv3: Another Approach

• Legislation is the most important thing
• A licence can't solve the whole problem, but can help
• Our software is very valuable, and we decide the conditions of distribution

GPLv3 and Patents

• An agreement not to sue
• A narrow retaliation clause
• Compatibility with broader retaliation
• BoF on Tuesday, here, 7pm

What to do

• Build a movement of cumulative effort
• Publish a KDE position
• Don't hound politicians, refer them to good information
• FSFE and IFSO are working on this, so supporting them helps

http://fsfeurope.org/projects/swpat