Linux group lashes out at EU software patents

Fears of extra costs for users and restriction on innovations have forced Linux users to join forces to fight a European Commission (EC) directive on software patents.

The forthcoming directive has incurred the wrath of the open source community by proposing - for the first time - that software can be patented in Europe. It aims to protect the interests of small-scale developers who have invested all their resources in their product.

Already a petition is circulating the web that aims to warn European Authorities that software patenting has a "damaging effect on innovation and competition".

The EC recognises the dangers. One official told silicon.com: "We are treading very carefully, so that we get the right balance between the interests of developers who need incentives, and small users who would possibly have to pay for this."

It is understood that the proposal will allow for certain forms of software to be classed as inventions. However, no decision has yet been taken on key issues such as whether business processes can be patented. "We are still poring over it," the official said.

At the heart of the debate is a widespread fear that Europe - one of the few trading blocks in the world that currently has no software patents - will follow the US model.

Speaking at a recent European Linux conference, Linux kernel developer Alan Cox said: "The US patent system is based on a commercial model that doesn't work." He gave examples of "ridiculous" US patents, including horizontal scroll bars, making an electronic auction offer by mobile phone, and the system of binary numbers itself.

Proprietary software suppliers, including Microsoft, declined to comment until they had seen the wording of the directive, which is due to be published by the end of the year.

It will then be scrutinised by the European Parliament and Council of Ministers.