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								    <title>Karlsruhe Memorandum on Software Patentability</title>

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								      <h1>Software Patents in Europe</h1>

								      [ <a href="/activities/swpat/swpat.html">Introduction</a>

								      | <a href="/activities/swpat/background.html">Background</a>

								      | <a href="/activities/swpat/status.html">Status</a>

								      | <a href="/activities/swpat/documents.html">Further Reading</a>

								      ]

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								<h2>Karlsruhe, June 2005</h2>


								<h2>Memorandum on Software Patentability</h2>


								<p>We, the undersigned, share a vision of Europe as a lively, creative

								and competitive part of the world. This vision is based on the

								principles of participative democracy and the freedom to innovate; these

								rely on Europeans being free to develop software and to distribute

								their work, free from the threat and the restrictions of software

								patents.</p>


								<p>Information and Communication Technologies (ICT) play a central

								role in all areas of the economy today, and they are the foundation

								of the knowledge economy, in which Europe continues to excel.</p>


								<p>Our vision is to see the European ICT industry become the most

								vibrant in the world - and the European Parliament shared this

								vision, when it made the necessary amendments to the directive on

								computer-implemented inventions during its first reading on 24

								September 2003.</p>


								<p>That directive is better known as software patent directive

								because in its original version it not only allowed patents on

								computer-aided inventions, it also allowed patents on the

								algorithms and logic of the software itself.</p>


								<p>In what was the one of the best and most laudable examples of

								democratic participation, companies and non-profit organisations

								together outlined the likely harmful consequences to democracy,

								competition, innovation and employment.</p>


								<p>On 18 May 2004 the Council of the European Union frustrated

								those democratically-reached positions - they restored the

								original proposal with unlimited patentability of software.

								They ultimately adopted this position on 7 March 2005 in

								defiance of regional and national political processes, as well

								as the <a href="http://swpat.ffii.org/archiv/zitate/index.de.html#mopoko0207">scientific findings by the German Monopolkommission</a>,

								which regularly reports about dangers to competition to the

								Federal Government of Germany; the <a href="http://www.researchoninnovation.org/patent.pdf">Massachussetts Institute of

								Technology (MIT)</a>; the <a href="http://www.researchoninnovation.org/swpat.pdf">Boston University School of Law</a>;

								<a href="http://www.dbresearch.com/PROD/DBR_INTERNET_EN-PROD/PROD0000000000175949.pdf">Deutsche Bank Research</a>;

								<a href="http://www.pwc.com/Extweb/pwcpublications.nsf/docid/EC6DE73A846581CE80256EFD002E41FB">Price Waterhouse Coopers</a>; and the

								<a href="http://www.ftc.gov/os/2003/10/innovationrpt.pdf">US Federal Trade Commission</a>.</p>


								<p>Patents on software are among the worst threats to knowledge-based

								industries, by restricting software development: they make

								computers less secure, less reliable and prevent

								competition on a basic level. Lack of competition and

								uncalculable legal risks raise the cost of ICT and cost jobs

								wherever the economy depends upon them.</p>


								<p>The most essential discoveries in the field of ICT were successful

								because they were not patented, for instance the invention of the World Wide

								Web by Tim Berners-Lee. If software patents are enacted, the

								world will never know which discovery could have been the next

								World Wide Web.</p>


								<p>On 6 July 2005, the directive will once again enter the European

								Parliament for its second reading: In the interest of Europe and

								its democratic roots we urge you to once more make the necessary

								amendments to turn this software patent directive into a directive

								that allows patents on computer-aided inventions, but clearly

								prevents software patenting.</p>


								<p>Georg Greve<br />

								 President<br />

								 Free Software Foundation Europe (FSFE)</p>


								<p>

								  If you wish to see your name or the name of your organisation added

								  to this list, please contact

								  <a href="mailto:web@lists.fsfe.org">web@lists.fsfe.org</a>.

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