Triumph for open source advocates as EU rejects patents law
*Overwhelming rejection of directive after People's Party drops support*

By _Simon Taylor, IDG news service_

Members of the European Parliament (MEPs) have voted overwhelmingly to 
reject proposed legislation that critics argued would have allowed the 
widespread patenting of software in Europe.

The MEPs voted by 648 votes to 18 to reject the proposed directive on 
computer-implemented inventions, dubbed the software patents directive 
by critics.

It has been one of the most controversial pieces of legislation in the 
history of the EU. Supporters said the directive was essential to 
harmonise patent laws across the 25 EU member states. Opponents, 
including many from the open source software community, argued that it 
would have allowed a wide range of computer programs to be patented and 
given large technology vendors too much power in the software market.

The decision to reject the directive brings to an end four years of work 
on the proposal, and the Commission has said it will not try to draft a 
new version.

Without the directive, "patents for computer-implemented inventions will 
continue to be issued by national patent offices and the European Patent 
Office," EU Commissioner Benita Ferrero-Waldner said.

The rejection of the directive means there will be "no harmonization at 
EU level," he said, drawing cheers from some MEPs.

Trouble emerged for the directive Tuesday evening after one of the 
biggest political groups, the European People's Party, announced that it 
would vote for rejection rather than risk approving a long list of 
amendments to the legislation, which it feared would drastically 
restrict the scope of what can be patented.

Ahead of the vote, both supporters and opponents of the directive said 
rejection may be the best result.

"Rejection would be a wise decision because [approving the directive 
with the amendments] could have narrowed the scope of patenting," said 
Mark MacGann, director-general of the European Information Technology 
and Communications Association (EICTA), an industry group representing 
big vendors including Microsoft, Nokia and Siemens.

EICTA had opposed the amendments to the directive, which sought to 
ensure that patents could not be applied to software including data 
processing. EICTA and other industry groups argued that the restrictions 
went too far and would have denied patent protection to many inventions 
that used a computer in their operation.



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