Groklaw – Software Patent Directive Passed as A-Item

http://www.groklaw.net/article.php?story=20050307095336843

Oh boy.. the European Parliament has gone and screwed things up big time. Software patents are bad! Read here or here if you’re not sure why.. Unfortunately these bureaucrats in Brussels don’t seem to grasp the real issues. If we allow software patents in Europe we effectively hand over control of all future technological developments in software to be driven by commercial profit motives rather than what is best for the people motives.

“I don’t know any other kind of intellectual property that is capable of getting both copyright and patent protection. These are designed for both different types of works: copyright is for more creative works, and patents are more for processes and methods…inventions. By giving software the double protection, the public’s card gets left behind.”

Bottom line, Copyright is for ideas. Patents are for the applications of ideas. If you allow patents on ideas you create legal and technical nightmares that make things much worse for joe public.

Imagine I have an idea for a computer program, then I write it without looking at what anyone else is doing (which I don’t have time or resource to do). Microsoft (or company X) could come along later, say “Hey that’s my idea” and shut you down as they have more money than you could ever spend defending yourself.
At least some companies like IBM [1], [2], [3] and to a lesser extent, Sun are making steps in the right direction and saying they won’t do this.