Arlene McCarthy's software patent "factsheet"

Arlene McCarthy's software patent "factsheet"

Posted Sep 3, 2003 21:38 UTC (Wed) by eyal (subscriber, #949)
Parent article: Arlene McCarthy's software patent "factsheet"

IANAL, and so I don't pretend to understand most of that fact-sheet. Sure I understand the English, but understanding Law is very different from understand the language.

There are countless legal terms, existing laws and regulations, precedents, etc. that are part of the equation. It is therefore impossible to draw any conclusions from anecdotal commentary on such an issue. With the EU it's all the more complicated becuase of the interation between pan-European legislation and local legislation in each member state.

However, there's one "truth" in this fact sheet that doesn't require any legal knowledge. Instead it only requires some common sense, and this is where Ms. McCarthy is either innocently wrong or deliberately lying:

---
Myth: Software patents kill efficient software development.

Truth: ... <snip> On the contrary, good patent law for computer-implemented
inventions will protect software development companies and give them a
return on their investment through license fees, enabling them to grow
their company and provide alternatives to the dominance of global,
multinational companies in the field of computer-implemented
inventions.
---

The global mutlinational companies *already* control vast number of patents that cover almost every algorithm and every aspect of programming. Once the EU enables software patents, those companies will become truly dominant, as their patents will be enforceable not only in the US but also in Europe.

What's more, individuals and small companies just can't afford to register patents, especially if they want international coverage which requires applications in dozens of coutries. Of course defending a patent in courts is even more expensive, which deters even more people from applying for patents. All those problems are not relevant to the already established multinational companies. They have enough resources.

So patents only help those who are already big and strong, and do very little to help start-up companies, and of course non-profit organization (aka open source projects). Sure there are always anecdotal cases of some person or a small company that made a fortune from a patent, but overall the a few big companies register more patents than everyone else put together.

All this translates into one simple conclusions: software patents will only help to destroy small companies, and make it harder to develop new ideas and new businesses. In political speak: unemployment (well, except for the lawyers as many have already noted...)

I think this is the point that open source supporters should attack. First of all, it doesn't require any legal expertise. Second, exactly because of that, everyone can understand it. Third, economy and employment are weak spots of politicians everywhere, so it's best to put the pressure right there.

Eyal.

---

(Log in to post comments)