Torvalds slams EU software patent plan

Linux kernel inventor Linus Torvalds has written an open letter to the European Parliament expressing "growing concern" over its plans for software patenting.

The vote on the Directive on the Patentability of Computer-Implemented Inventions was delayed for a second time at the beginning of September, following protests at its implications.

It is now scheduled for debate today with a vote to take place on Wednesday. The letter, signed by Torvalds and fellow kernel developer and Linux expert Alan Cox, warned of dire consequences.

"Now the European Parliament is about to vote on a directive that could put a stop to [computer software] development, or make it worse, depending how it is amended by the Parliament," they say.

Pointing to the US experience, Torvalds and Cox state: "Unlike traditional patents, software patents do not encourage innovation and R&D. Quite the contrary.

"In particular they hurt small and medium sized enterprises and generally newcomers in the market."

Among other concerns they go on to suggest that software patents are the "utmost threat to the development of Linux and other free software products", bringing increased spending on patents and litigation instead of technological innovation.

Jeremy Newton, technology group partner at law firm Nabarro Nathanson, speaking to vnunet.com recently, said that US legislation had not stopped innovation. But he agreed that smaller companies would struggle with the legal costs.

Torvalds and Cox recommend:

• Clarifying limits of patentability to ensure that computer programs, algorithms and business methods cannot be patented.
• Making sure that patents cannot be abused to avoid technical competition by preventing interoperability of competing products.
• Ensuring that patents cannot be used to prevent publication of information.

They also endorse the voting recommendations put forward by the the Foundation for a Free Information Infrastructure, which can be found at www.ffii.org.

Further lobbying pressure came last week from two European small business groups, CEDI and ESBA, which together represent over half a million enterprises in 19 European countries.