European Software Patent law REJECTED!

European Software Patent law REJECTED! :: Linux Format :: The website of the UK’s best-selling Linux magazine
LinuxFormat magazine is reporting great news for the Open Source movement and Linux users everywhere.
“In a 648-14 vote (with 18 abstentions), the European Parliament has voted against the controversial ‘Computer-implemented Inventions Directive’ on its second reading.
EU lawmakers stated that software patents could limit innovation, cause difficulties for businesses and that human knowledge cannot be patented. This is a great win for open source advocates, many of whom have campaigned against the directive, and the EU Commission (which had drafted the bill) has no plans to produce a new version.”

Sun’s Chief Open Source Officer, Simon Phipps said ” the outcome is a clear victory for open source.” Red Hat’s Deputy General Counsel, Mark Webbink added:”The actions of [the EU] Parliament and the efforts of our friends at FFII in bringing about this result have been simply amazing.”

Sun, Red Hat and many Linux companies have been the leading commercial opponents to the proposed Computer-implemented Inventions directive. Other companies involved wih Linux, such as IBM, have drawn heavy criticism for on the one hand publicly declaring their patents ‘open’ for Linux use, but also strongly supporting the implementation of the EU directive.

The massive vote in favour of rejecting the bill is explained by various machinations in the run-up to the vote. The Parliament had outlined 21 ammendments which it wanted to apply to the directive, which would have effectively changed the meaning of the directive, making the common position in Europe against innate patentability of software. Rather than go through the motions of 21 votes on the ammendments, and an unclear outcome, both pro and anti software patent MEPs instead decided to reject the whole bill. Whilst this still leaves Europe without a common position, it is definitely a great win for the anti-patent lobby. There will be more to discuss on patents, but this landmark decision is a victory for open source and European democaracy.