Last chance for EU software law

[Keevan_Colton]

There will be no new European law to govern computer-related inventions if the current proposals are rejected, a European Union (EU) official has said.

The EU Internal Market Commissioner, Charlie McCreevy, told the European Parliament it could once more reject or substantially amend the proposals.

Earlier in the week, the EU's Council of Ministers endorsed the proposals, which were first agreed in May 2004.

It is proving a controversial law and has been in limbo for a year.

Some big technology companies back the law, saying that it is needed to protect inventions.

Critics of the proposed law are concerned it would damage smaller technology firms and stunt software innovation.

The proposals had already been rejected by parliament before the Commission endorsed it on Monday. Parliament had requested it be re-drafted last month.

Up to you

Commissioner McCreevy said: "If the parliament decides to reject it, then the Commission will respect your wishes.

"I will not propose a new directive."

The European Parliament needs to re-read the proposals and pass, change or reject them before it is actually made law.

But Monday's decision by the Commission to accept the proposals with no changes angered critics, especially since the parliament had rejected it.

They now fear that the Computer Implemented Inventions Directive will be rubber-stamped by the European Parliament, despite what Commissioner McCreevy has said.

Florian Mueller, from the NoSoftwarePatents.com campaign, told the CNet Asia news website that it would be hard to reject it because many are keen that there is some directive at the end of the drawn-out process.

"The ball is in your court. I'm sure that you will exercise your rights and your judgement wisely," Commissioner McCreevy told members of the European Parliament.

Last week, Commissioner McCreevy threatened to scrap the whole proposal if governments critical of it continued to delay it.

Several member state governments, such as Spain, the Netherlands, Poland and Denmark, have opposed the proposed law.

The European Parliament and the Danish parliament are also investigating whether the EU Council broke with procedure by endorsing the draft even though it was being opposed by ministers.

In a meeting on Monday, the Legal Affairs Committee (JURI) asked the Luxembourg presidency for full documentation of the EU Council's meeting.

But campaigners doubted that the investigation would make much difference.

Patents on processes

The law could mean that software that is part of a mechanical device - such as a mobile phone - could be patented.

In the US, the patenting of computer programs and net business processes is allowed.

In depth: European institutions

The US-based Amazon.com holds a patent for its "one-click shopping" service, for example.

Critics say that the directive could lead to a similar model happening in Europe.

They fear this could hurt small software developers because they do not have the legal and financial might of larger companies if they had to fight patent legal action in court.

Supporters say present laws are not effective and the playing field in Europe needs to be levelled out without bringing European laws in line with the US.

It is backed by Nokia and Microsoft, and other groups including the Business Software Alliance and the European Information and Communications Technology Industry Association.

BBC