Be in no doubt: big business is pushing hard for software patents. One of their front groups, the Campaign for Creativity, previously lobbied for gene patents and argues for strong intellectual property rights without consideration of their impact on SMEs. Lobbyists, working on behalf of corporates, have permanent access to MEPs, which is unavailable to SMEs. Bill Gates arranged a special meeting with over 60 MEPs on the day that we were in Parliament trying to arrange meetings with a few of our constituent MEPs. Another industry lobby group Intellect, who claim to speak for SMEs, actually represent the likes of Microsoft and Nokia (who have been publicly pushing for software patents, along with many other large businesses).
The future for SMEs
Standing against this well-financed lobbying machine is a loose collection of non-profit associations, SMEs and individuals. The largest grouping, the Foundation for a Free Information Infrastructure, has the registered support of more than 500 members, 1,200 companies and 75,000 supporters. With the backing of some of the fringe political parties in Europe, and studies by the likes of Deutsche Bank, who say that SMEs "would be most adversely affected by patentability", they convinced Parliament in September 2003 and continue to hold the attention of many MEPs.
Expecting SMEs to track the process of the legislation and contribute their input in a timely and accurate manner is ludicrous. Understanding complexity of the procedures, the arguments over terminology and their legal implications is a huge job. Robert Osfield, owner of OpenSceneGraph Professional Services, a small Scottish computer graphics consultancy, commented that "the fact the patents nonsense has to take up any of my time at all is galling, but it's the single greatest threat to my livelihood".
Osfield's advice to other IT professionals in SMEs is "to take all that the DTI and UKPO say with a pinch of salt, to do your own review of the impact of software patents on your business, and to get behind groups like the FFII (Foundation for a Free Information Infrastructure) who can help you represent your interests most effectively". Most MEPs are very receptive to intelligent approaches from constituent SMEs, and arranging meetings isn't all that difficult. The CIID affects the livelihood of every SME in the IT sector, so we should take it seriously.
The authors of this piece are anti-patent campaigners and have worked with groups including the Foundation for a Free Information Infrastructure.
Anti-patent campaigners protesting outside EU offices in Brussels
Photo Credit: FFII
Talkback
Interesting article (besides the ones that can be read by clicking on the links here above):
The war on copyright communists
http://www.guardian.co.uk/comment/story/0,,1387447,00.html
European Software Patent Horror Gallery
http://tinyurl.com/6a4js
European Software Patents: Assorted Examples
http://tinyurl.com/4wc9a
Freedom to use ideas in software without restriction was enshrined in the Patents Act 1977. Is there really such a shortage of ideas that a few large companies now need to be given monopoly rights to ideas which any competent programmer could think of for themselves? Where is the public interest in this restrictive practice?
I think the Patent Office, who are promoting the extension of patents into software, should be asked to give their estimate of the damage this will cause to the British economy. Giving a right to one person evevitably means that the legitimate interests of many others will be damaged.
The Patent Office say that their proposal would limit software patents to those that "make a technical contribution". They are holding meetings across the country in a couple of weeks time to try to find a definition of what this means. In my opinion this is nonsense. Patents should be limited to products where the manufacturer has to invest a significant ammount of money in the manufacturing process in order for the public to benefit from the idea. This is not the case with software.