Here we are presenting a critical edition of the text, with annotation and a tabular comparison between the CEC/BSA initial and final draft and an added FFII version, which shows what is wrong with the CEC/BSA version and how it could be rewritten in a coherent and adequate way. We highlighted some differences by bold typeface.
- BSA/CEC Advocative Preface
- The European Commission's software patentability proposal of 2002-02-20 is based on a draft from the Business Software Alliance (BSA). Especially the advocative preface of this proposal contains arguments and materials that were supplied by the BSA. The argumentation tries to create a vague impression that "business software" or "packaged software" is related to patents, jobs, and wealth, and that purely copyright-based software is related to an "open-source movement" that wants everything in the world to be available for free. The argumentation is full of popular errors and lies, which are easily discovered by comparing it to our debugged version, listed on the right side of the table.
- EU Software Patent Directive Amendment Proposals
- The European Commission proposed on 2002-02-20 to consider computer programs as patentable inventions and make it very difficult not to grant a patent on an algorithm or a business method that is claimed with the typical features of a computer program (e.g. operation of computer with "storage means", "output means" etc). We have worked out a counter-proposal that upholds the freedom of computer-aided reasoning, calculating, organising and formulating and the copyright property of software authors while supporting the patentability of technical inventions (problem solutions involving forces of nature) according to the differentiations explained in the European Patent Convention (EPC), the TRIPs treaty and the classical patent law literature. This counter-proposal is receiving support from numerous prominent players in the fields of software, economics, politics and law.
- Financial Statement
- The BSA version of the European Commission's Software Patentability Directive Proposal of 2002-02-20 contains an estimate of what the implementation of the proposal might cost. Apparently there is no cost at all.
- Footnotes in the BSA version and the European Commission's version of the EU software patentability directive proposal of 2002-02-20