From: http://swpat.ffii.org/~blasum/pr/pr.en.txt
========================================================================== 01/07/04: Dutch Parliament forces Minister Brinkhorst to withdraw support for software patents directive ==========================================================================
Today, July 1st, the Dutch Parliament has decided to direct Minister Brinkhorst and Secretary of State van Gennip (Economic Affairs) to withdraw the Dutch vote in support of the Council of Ministers' text for the Directive on Software Patents. This is the first time in the history of the EU that such a course of action has been undertaken.
The idea of allowing patents on software has been strongly criticized among SMEs, scientists and consumer organisations. They inhibit investments in Research and Development and contribute to higher prices. Commentators also fear the rise of a "lawyers paradise" in Europe such as is found in the USA, where programmers are constantly threatened by lawsuits.
This act represents an incisive criticism of the European Council of Ministers' attempts to introduce broad patentability of software. Minister Brinkhorst, acting on behalf of the Netherlands, endorsed the Council's current proposal, which not only reiterated the terms of the Council's strongly criticized first proposal, but went even further, directly rebuffing the clear stance assumed by the EU Parliament, which voted to add numerous amendments which made clear how the category of logical algorithms would be treated.
The European Parliament's version asserted that patents would only be allowed for industrial inventions (e.g. washing machines) and would not be made possible for pure software. All these adaptations were removed in the Council of Ministers' controversial version.
Earlier, Brinkhorst described the Council proposal to the Dutch Parliament as a compromise with the EP. In recent legislative debates, Van Gennip was forced to admit that this was incorrect information, and attributed it to "an error in the word processor."
The Dutch Parliament rejected this explanation and today it rendered an historic and groundbreaking decision, calling upon Minister Brinkhorst and van Gennip to withdraw the Netherlands' supporting vote in the European Council and convert it to an abstention. This measure is possible because at the present moment there is only a "political agreement" and the "formal vote" can only take place after the contested text has been translated into the 20 European languages. An emergency brake move in the procedure such as this has never been exercised before.
With this decision, the Dutch Parliament demonstrates the active interest her public holds in the debate over software patents, and her recognition and appreciation for the adaptations introduced by the European Parliament.
Dieter Van Uytvanck, spokesman of FFII Netherlands, stresses the importance of this decision:
This political signal reaches much further than just The Netherlands. We hope that other European countries that also have their doubts about the proposal of the Council will also withdraw their support, so that the current proposal no longer has a majority. The historic precedent has been set now.
Let this be a lesson to the lawmakers in Brussels: the European citizen watches you closely. It is much better to take this into account from the beginning than to get into trouble later.
Reports of earlier debates are available at:
* http://kwiki.ffii.org/index.cgi?NlParlDebate0426En * http://kwiki.ffii.org/?NlGovLttrResp0422En
========================================================================== Contact ==========================================================================
Wiebe van der Worp wiebe@vrijschrift.org tel. +31 6 28 195 808
Ir. Arend Lammertink: alam@home.nl tel. +31 6 5425 6426
Dieter Van Uytvanck: dieter@vrijschrift.nl tel. +32 499 16 70 10