2007-06-13 21:06:21

EPO creates new page about CII - but no news

The European Patent Office has created a new page about Computer Implemented Inventions (Software Patents) which declares it as one of their main issues. The web site continues to claim that the European legislation allows software patents, and that it is therefor legal to grant them.

Also, the article declares the vote against the software patent directive in July 2005 a victory for the EPO because the Parliament «agreed to maintain for the present the EPC's current provisions on software». That may well be true, but other than the EPO claims, the Parliament did thereby not agree on the current practice of the EPO itself, which is to grant software patents on a non-existent legal basis by distortion of legal provisions.

So while software patents are being abolished even in their nation of origin – the United States of America – the EPO continues their attempt to push them on Europe, like greetings from a past time.


Posted by Tonnerre Lombard | Permanent link | File under: news, politics

2007-06-13 20:56:49

137 requests for penalites filed by IFPI

IFPI has already filed 137 requests for penalties for illegal downloads of music in Switzerland since the first of March. Most of them demand the suspects to pay compensations of about CHF 10'000.- and more.

Since the beginning of the year, 25'000 requests for penalties have been filed in Germany. This amounts to 0.03% of the entire population or one in 3'240 people.

More on this can be found in an article from Le Temps for Switzerland and Heise for Germany.


Posted by Tonnerre Lombard | Permanent link | File under: news, politics

2007-06-13 20:35:03

Dell the next one in the row to join the Microsoft agreement

Dell, who recently decided to offer laptops with Linux preinstalled as well, decided now to join the Microsoft agreement, just like Novell et cetera did before.

The named main goal of the agreement is to promote interoperability between the different Linux flavors and Windows. Critics say however that the agreement might be a lawsuit protection against Microsoft in their coming IP violation campaign against the Open Source movement.


Posted by Tonnerre Lombard | Permanent link | File under: chaos, news

2007-06-13 20:31:53

Berlin considers to switch to Linux

The wave of administrations that consider to switch to Linux continues to roll over Europe. Apparently, the city council of Berlin is one of the next ones in the row which considers the switch.

A lot of documents on this matter can be found at http://ig.cs.tu-berlin.de/ma/bl/ap.


Posted by Tonnerre Lombard | Permanent link | File under: news, politics

2007-06-09 12:18:35

Heise article on the copyright revision

Heise has published an article about the swiss copyright revision. In this article, Heise claims that the revision permits the circumvention of copyright protection on a non-commercial scale.

Unfortunately, this is more or less wishful thinking. The current copyright revision proposal does not explicitly exclude non-commercial use from neither the paragraph which forbids the circumvention of copyright protection systems nor the paragraph which forbids the development and publication of software to circumvent copyright protection measures. Additionally and not very well remarked, the revision even eliminates the right to share a private copy of a works with friends.

How is that? As already explained on the FFII Switzerland website, while the revision text is largely based on the EUCD version, it deviates from it in a subtle way concerning the right to a private copy.

The texts produced by the revision state:

The producer/performing artist/broadcasting corporation has the exclusive right to

  • make the broadcast available in a way that permits people to access it from locations and times of their choice, using any tool.

However, the EUCD version is slightly more focused on public infringements:

The producer/performing artist/broadcasting corporation has the exclusive right to

  • make the broadcast publically available in a way that permits members of the public to access it from locations and times of their choice, using any tool.

This means that while the EUCD text permits people to share the protected work in a closed circle of friends, as it has always been permitted by traditional copyright, the swiss version does not grant these rights, as they are explicitly prohibited by Art. 33 § 2, Art. 36 § 1 and Art. 37 § 1.

It seems however that the community is way too focused on the regulations of Art. 39a through c. While leading experts in the area of copyright have called to return to the EUCD variants of the above articles, it seems that only FFII has so far recognized the threat.


Posted by Tonnerre Lombard | Permanent link | File under: news, politics