-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Hi Philip et al.
Thanks for the link. Mr. Ghio does not seem unreasonable, however I think he does not understand how bad this is for opensource software. Anyway I have replied again: Dear Mr. Ghio, I would like to thank you for taking interest and replying. I agree that bringing investment into the country is of paramount importance, and also have no doubt as to the capabilities of Maltese developers (I am in fact one of them...). We seem to have divergent views on the possible outcome of the CIID. Whilst I agree that Maltese companies which come up with new "technical contributions" will benefit greatly from this directive, I am afraid that this will be rather difficult. Like any science, the invention of new programs is built upon work done by others. If the prior work is patented, small local companies will not have the resources to buy the technology and extend it - and hence the small company will suffer and the computer industry will lose a potentially great invention. This is the argument presented by many opensource software developers - patents "stifle innovation" The Financial Times is running an interesting article here: http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html It seems as if the CIID is going through. We will have to wait and see how this directive will impact Maltese businesses. My hope is that the term "technical contribution" is not abused and we do not end up with the same situation as that in the USA. I wouldn't like having to call Amazon to buy a patent the next time I want to develop a retail website... Regards, Keith Vassallo Philip Camilleri wrote: > Hi Keith, I'm not sure if u sent this, or if i received it from > someone else, but this FT article seems pretty relevant to the > discussion you're having with Mr Ghio. > > http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html > > By the way, I believe Mr Ghio is IT Lawyer with Fench & Fench > Advocates... That might give you an idea of his background and bias > on the subject... > > ph. > > > > > On 6/22/05, Keith Vassallo <[EMAIL PROTECTED]> wrote: > > Mr. Antonio Ghio (author of the article) sent me a reply. I am > pasting it below (he can't send to the list because he's not a > member): > > Dear Mr. Vassallo, > > Thank you for copying me in this interesting email. The scope of > the CII directive is not to allow the patentability of computer > ideas but Computer Implemented Inventions. Whilst the US, as > pointed out in my article, has adopted a very liberal approach to > the patentability of computer software where 'business models' were > also considered to be patentable, the main reason behind the > introduction of the CII directive is the crystallisation of the > experience of the EPO. TheDirective is also clear in the sense that > 'pure software' will not be patentable. The 'technical > contribution' factor is what in fact distinguishes the European > approach from the US experience. > > Making sure that the Internal Market works properly and that there > are no legal and regulatory barriers between the Member States is > one of the pillars of the EU. I appreciate that your LINUX > backround dictates a different approach to the CII issue, I do not > subscribe to your opinion that Malta only has to loose with the > Directive. The fact that Malta has a limited market in this field > further shows that action needs to be taken. Patententing of high > tech means increased opportunities for foreign investment and the > creation of new places of work. We should use the experience Malta > is living in the pharmaceutical context and transpose same in the > IT industry. I am sure that you are in favour of further foreign > investment in the island as well as the capabilities of Maltese > developers. If you look at the articles in relation to > interoperability, product claims and the simplification of the > patenting process you will appreciate that the picture is not as > black as you are painting it. The fact that the EU democratic > process is based on the checks and balances of the European bodies > in the introduction of new legilsation has to be considered the > basis of our own democracy. > > It is not ideas which are patentable but inventions. For the latter > to be patentable one has to prove (i)novelty, (ii) inventive step > (iii) industrial application as well as the important 'technical > contribution' The aims of the Directive are to provide authors and > inventors with a stronger tool than copyright which many times > proves to be totally useless. Patent protection provides more > stability and security. If you compare the export of high-tch > industry of countries like Japan and USA with that of EU countries > you will defintley understand why such a Directive is required, in > line with the Lisbon Agenda. > > In my professinal experience, I faced situations where local > start-ups had to battles their way in other jursidcitions in order > to apply for such patents meaning: higher costs and long > procedures. I am confident that with the introduction of the CII > Directive as found in the Common Position, Malta will have much to > gain. Again, as a Linux user I appreciate your different, if not > totally opposite, point of view. > > Would be very glad to discuss the matter more in detail with you or > your organisation. > > Best Regards > > Antonio Ghio > > > > > Keith Vassallo wrote: > >> Hey guys, > >> Send the following e-mail to itech: > >> Dear Sir/Madam, > >> I read with total disgust the article "Patent Pending: Protecting >> Maltese computer-implemented inventions" published on Thursday, >> June 16, 2005 on page 3 in iTech. The article shows that the >> author has clearly ignored a very important aspect of patents and >> the article is in danger of leading the Maltese IT industry to >> support a directive which will work against it. Let me explain: > >> The Computer Implemented Inventions Directive (CIID) is designed >> to allow the patentability of computer ideas. This means that >> very basic ideas like "gift wrapping a present when ordering >> items on-line" or "double-clicking a mouse" can be patented. The >> two examples mentioned have been granted, to Amazon and Microsoft >> respectively, in the USA. What does this mean? It means that if >> Amazon takes action, other on-line stores will now have to pay >> Amazon for gift-wrapping - never mind that it has been done in >> real life for thousands of years. I won't even mention what >> consequences the double-clicking patent would have.... > >> The CIID will help companies, but certainly not Maltese >> companies. Large corporations will build huge patent portfolios >> not just by thinking up new ideas (which is not so bad) but more >> disturbingly by buying patents from smaller companies. This will >> result in an industry where the biggest players hold all ideas >> ransom, and small players with limited funds cannot even start-up >> a new company. This situation is already being seen in the USA. >> Now, as everyone knows, Maltese companies are very small (so >> small in fact, most companies are considered micro-businesses >> rather then SMEs). These companies will find it immensely hard to >> raise enough money to buy patents from big companies. Even if >> they do, making the patent profitable will be very difficult, >> especially in Malta's limited market. The CIID will also have a >> very negative effect on free and open-source software, where >> projects simply do not have the money to buy patents. > >> The CIID has already been proposed to the EU parliament and >> rejected. Then proposed again, and rejected. Now the EU council >> is again proposing the CIID and the EU parliament will be voting >> around 5th July. This says a lot about the EU council, which is >> pushing the CIID even though the EU parliament has rejected it >> twice. Where is democracy? > > > _______________________________________________ MLUG-list mailing > list [email protected] > http://mailserv.megabyte.net/mailman/listinfo/mlug-list > > _______________________________________________ MLUG-list mailing list [email protected] http://mailserv.megabyte.net/mailman/listinfo/mlug-list -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.2.5 (GNU/Linux) Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org iD8DBQFCuTUaym3HAdrlsyERAlAzAKCGW0RCuRIURlIu7nUUXy6PO2iKgwCgkcyT Oszf/uSW1vWsJSkC3HvI2sc= =RYIx -----END PGP SIGNATURE-----
