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posted by Fnord666 on Saturday November 28 2020, @01:53PM   Printer-friendly
from the while-you-were-out dept.

The Foundation for a Free Information Infrastructure has a call for donations against the Unitary Software Patent Trolls after Thursday's disastrous Bundestag vote. On Thursday in Germany, the Bundestag voted on ratification of a proposal for a Unified Patent Court, largely seen as purely a vehicle for introducing software patents into Europe. As software patents in the US were on the way out, introducing them into Europe would bring them back into the US after further "harmonization". Thursday's vote is the result of the software patent lobby changing its strategy in Europe by creating a central patent court outside of the control of the individual member states under which it would make its own rules and avoid democratically elected legislators.

FFII is now calling on its supporting companies and on the open source community to donate to crowdfund a Constitutional Complaint in Karlsruhe. Stopping the UPC in Germany will be enough to kill the UPC for the whole Europe. Politicians willfully ignored the problem that the UPC violates the “Rule of Law” principle, as the EPO still cannot be sued for maladministration, where there are 4 pending complaints in Karlsruhe, which should be issued in early 2021.

Next steps are a vote in the Bundesrat, according to Stjerna’s blogpost

Legal Committee of the Federal Council is currently scheduled for 02/12/2020

Federal Council can therefore be expected to make its final deliberation on the draft legislation in its 998th session on 18/12/2020

–Dr Stjerna blog, Status of the UPCA ratification proceedings in Germany (12/12/2016, latest update on 26/11/2020) https://www.stjerna.de/restart/?lang=en

German government believe that they can ratify before the end of the year, as they consider the UK still a member of the EU till 31st December. The agenda of next votes have been designed on purpose to ratify the UPC before the end of the year.

This plot twist is time-dependent and hangs upon a loophole in Brexit. Thus the time between now and New Year are crucial for preserving the ability to use or develop software in Europe. Again, this is about the uses to which software may be applied, not distribution. Usage is covered by patent law, distribution by copyright law.

The FFII is a pan-European alliance of software companies and independent software developers. It is currently working to neutralize the Unitary Patent project, which is a third attempt to introduce software patents into Europe. The previous two attempts failed, but only because of the joint efforts of thousands of companies to defend against software patents in Europe.

Previously:
(2020) UK Formally Abandons Europe's Unified Patent Court
(2020) Deadly Blow to the Pox of Software Patents in the EU
(2018) Software Patents are Harmful
(2018) A Case for the Total Abolition of Software Patents


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  • (Score: 2) by Runaway1956 on Saturday November 28 2020, @10:43PM (1 child)

    by Runaway1956 (2926) Subscriber Badge on Saturday November 28 2020, @10:43PM (#1081941) Homepage Journal

    That brutal squashing has worked short term for many regimes down through history. Not so well long term for most of them. The Chinese are unique though. I suppose it will continue to be effective, until it stops being effective. Maybe it will take another Cultural Revolution before things change for them. Not that I wish another upheaval on them, but that seems to be the way change happens in China.

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  • (Score: 0) by Anonymous Coward on Sunday November 29 2020, @12:44AM

    by Anonymous Coward on Sunday November 29 2020, @12:44AM (#1081965)

    There is a breaking point when you go below the two party system. In a one party system everyone in the country is a member of the same party and all politics are decided by members of the party. Assuming of course that the are no corruption and everyone has equal voting rights within the party, it's no different than a direct demoracy. I'd postulate that a two party system is the worst democratic system and an infinite party (first party) is utopia. I think the most stable is somewhere in between, where spontaneous irrational laws are stifled by agreed upon policies of the representative parties. In any case the ideal democratic governing body should be representative of the population.