Brussels, 2nd September 2008 -- A global coalition of more than 80
software companies, associations and developers has declared the 24th of
September to be the "World Day Against Software Patents". Five years
ago, on 24 September 2003, the European Parliament adopted amendments to
limit the scope of patent law and thereby protect small software
companies from the harmful effects of broad and trivial software
patents. A global petition asking to effectively stop software patents
worldwide will be launched on 24 September 2008, together with specific
additional requests for certain regions such as Europe, the United
States or India.
On 24 September 2008, the World Day Against Software Patents will
provide volunteers with the opportunity to express the growing concerns
of users, businesses and developers. The granting of software patents by
patent offices around the world affects their freedom to innovate. The
organisers expect 24h of activities across the globe. Volunteers will
gather in front of patent offices to inform the general public of the
problems underlying software patenting.
A global petition demanding to effectively stop software patents
worldwide will be launched on the same day. In some regions of the world
such as Europe, the United States, or India, dedicated campaigns are
being prepared by local supporters. The organisers intend to celebrate
the World Day on an annual basis unless substantive clarifications are
adopted in national laws that stop software patenting along with their
effects on the digital economy.
Benjamin Henrion, initiator of the StopSoftwarePatents coalition effort,
explains "The aim behind StopSoftwarePatents is to gather a worldwide
coalition of businesses and civil society in order to get laws which
clearly exempt software from patentable subject matter. This is the best
solution for getting rid of 'patent trolls' and uncontrollable legal
risks generated by software patents. The day the software industry forms
a clear front against software patents will be the beginning of the end
for the 'patent trolls'."
The Belgian campaigner was among the persons who persuaded the members
of the European Parliament five years ago to adopt amendments that limit
the scope of patent law in order to protect small software companies.
The European Council of Ministers - where national patent offices
exercise significant influence - fiercely insisted on making software
patents legal in Europe. Additionally, 'patent trolls' and US-based
corporations invested large lobby resources to support the position of
the Council. After a long struggle, the proposed directive was finally
rejected by the European Parliament in its second reading. Since then,
European and national patent offices continue to grant these software
and business method patents without an approval of the legislator by
creative interpretation of the European Patent Convention.
In few other nations, notably the US, the patent offices are even more
permissive. However, even in the US, no legislator ever approved the
practise. The global coalition calls for a larger representation of
business and civil society against software patents. The current lobby
gap makes Congress and Senate, the Court of Appeals for the Federal
Circuit (CAFC) and the Supreme Court susceptible to lobbying from patent
industries, holders and patent professionals. Although companies
affected by software patent litigation have been lobbying for a reform,
their advocacy for "quality" and "lower damages" targets the symptoms
rather than the roots of the problem.
Benjamin Henrion
a it-parl
