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Software patents are putting the wealth of the software patent lobby over
the health of citizens in Europe and around the world - 3 January 2005
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<center><h1>Software Patents in Europe</h1>
[<a href="/projects/swpat/swpat.html">Introduction</a> | <a
href="/projects/swpat/background.html">Background</a> | <a
href="/projects/swpat/status.html">Status</a> | <a
href="/projects/swpat/documents.html">Further Reading</a> ]
</center>
<center> Open Letter
[<a href="/projects/swpat/letter-20040510.html">2004-05-10</a>]
[<a href="/projects/swpat/letter-20040531.html">2004-05-31</a>]
[<a href="/projects/swpat/letter-20040607.html">2004-07-06</a>]
[<a href="/projects/swpat/letter-20040802.html">2004-08-02</a>]
[<a href="/projects/swpat/letter-20040906.html">2004-09-06</a>]
[<a href="/projects/swpat/letter-20041004.html">2004-10-04</a>]
[<a href="/projects/swpat/letter-20041101.html">2004-11-01</a>]
[<a href="/projects/swpat/letter-20041206.html">2004-12-06</a>]
[2005-01-03]
</center>
<h2>
Software patents are bad for your health
</h2>
<h3>3 January 2005</h3>
<p>Dear Mr LEE Jong-wook,</p>
<p>
Software patents grant a monopoly on their specific idea. The patentee
can grant or withhold authorisation to use that idea and unilaterally
define the terms under which such authorisation is granted or
withheld. This is before even a single line of source code has been
written. In fact: lawyers are generally in a better position to obtain
software patents than the majority of programmers are. Each program
consists of thousands of ideas -- each of them potentially subject to
patent claims. Even though the European Patent Convention explicitly
excludes software from being patented, so far 30,000 software patents
have in fact already been granted in recent years.
</p>
<p>
The <a href=" http://fsfeurope.org/projects/swpat/swpat.en.html">discussion</a> about a formal introduction of software patents has
been ongoing for several years and we would like to make you aware of
the effect of software patents on telemedicine, an area of great hope
for many.
</p>
<p>
Today, we are seeing the first steps in the telemedicine area. Instead
of being delivered by traditional post, X-Ray scans are transferred
electronically, reducing the availability timescale from days to
seconds. Physicians will soon be able to monitor individual patients
remotely, something that will in particular offer possibilities of
increased medical coverage for people in remote areas all over the
world. Given the demographic development in northern countries and the
increasing medical needs of potentially wealthy elderly people; that
particular idea was patented years ago.
</p>
<p>
The database of the European Patent Office currently contains 69
patents directly referring to "telemedicine". That seemingly low
number should not let you rest easy. Not only is the number of
software patents likely to skyrocket after the formal introduction of
software patents.
</p>
<p>
Each application in the field of telemedicine will also depend on
basic software principles to function. These basic principals include
security, networking and data storage. Security in particular is key,
because the number of methods to make computer systems secure are
limited. There is no compulsory licensing of software patents, so
market tactics are likely to see many applications disappear in
courtroom battles before they have become available to patients. In
addition, besides having to refinance the legal costs, each
telemedicine and remote surgery application is likely to suffer from
known security holes and stability problems.
</p>
<p>
Software patents are putting the wealth of the software patent lobby
over the health of citizens in Europe and around the world.
</p>
<p>
That is why we believe software patents will adversely affect your
cause and are asking you to take a firm stand against software
patents. If you have further questions, need additional information or
would like to help us prevent software patents in Europe, please do
not hesitate to get in touch.
</p>
<p>With kind regards,</p>
<p>
<a href="/about/greve/index.en.html">Georg Greve</a><br />
President<br />
Free Software Foundation Europe (FSFE)<br />
<a href="/index.en.html">www.fsfeurope.org</a>
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