Free Patents

Some people think that the US software patents system is just fine and that it should be adopted by Europe. Have they ever studied arguments against them ? 

European Union in favour of Software Patents

In an internal memo, the European Union takes position in favour of a very broad adoption of sofware patents. The main memo arguments are : 

1. EU law has not been enforced in a very consistent way for software patents (Munich convention prohibits them but there are still ways to pass through and get them). Clarification is needed.
2. The Microsoft success story shows that patents are good for the software industry
3. Patents are good for the software industry as the Microsoft example demonstrates. 
4. USA and Japan accept software patents. Therefore, EU should do the same.
5. USA accepts patents on business practices. Therefore, EU should adopt software patents, even on non technical aspects of software.
6. In the USA, distributors are liable for patent infringement. Therefore, EU should do the same and stop claining that only users are liables for patent infringement.
7. Patents are good for business. Software is a growing business. Therefore, software patents are good.

We have published for you a scanned copy (in French) of this internal memo. 

• Page 1
• Page 2
• Page 3

France in favour of Software Patents ?

About the same arguments were given to adopt software patents by Didier Lombard, former head of the industrial strategy at the French Administration. 

• Rapport Lombard

European Parliament in favour of Software Patents

The EU parliament voted in favour of Software patents.
Please note that the EU parliament is also against caching technology on the Web. 

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