http://fsfeurope.org/documents/wiwo.en.html
Towards a
"World Intellectual Wealth Organisation"
Supporting the Geneva Declaration
The Geneva Declaration [1] is an impressive step towards the creation of
a broad coalition of people, organisations and countries [2] demanding
that the international community re-think the goals and mechanisms for
awarding monopoly control over different kinds of knowledge. It offers
many constructive, concrete suggestions for changes in WIPO goals,
policies and priorities, and provides ample and insightful arguments for
redesign of the copyright and patent bargains to better serve the public
interest of all of humankind.
We are convinced that new answers sometimes require new questions, not
more careful repetition of old questions. A World Intellectual Property
Organisation will always, understandably, lean towards applying the
pre-selected tool-set of monopolisation that it refers to as
Intellectual Property; a term that we find to be ideologically charged
and dangerously oblivious to the significant differences that exist
between the many areas of law that it tries to subsume.
While it may look at better, possibly more socially sustainable ways of
granting ownership-like monopolies over different forms of knowledge,
WIPO will not have an easy time looking for alternative solutions. WIPO
is not what we need.
We need a World Intellectual Wealth Organisation, dedicated to the
research and promotion of novel and imaginative ways to encourage the
production and dissemination of knowledge. Granting limited monopolies
and limited control over some kinds of knowledge may be part of this new
organisations tool-set, but not the only one, and maybe not even the
most important one.
We endorse and support the Geneva Declaration, and invite its drafters,
signatories, and the United Nations to start thinking now not only about
what the role of WIPO should be, but rather what kind of organisation we
need in its place.
References
[1] Geneva Declaration:
http://www.cptech.org/ip/wipo/genevadeclaration.html
[2] Proposal by Argentina and Brazil for the establishment of a
development agenda for WIPO:
http://www.wipo.int/documents/en/document/govbody/wo_gb_ga/pdf/wo_ga_31_11.…
Signatories
Organisations
* ANSOL - Associação Nacional para o Software Livre
* APRIL
* Asociación Software Libre y Patrimonio Intelectual Libre
* Assoli - Associazione Software Libero
* Free Software Foundation Europe
* Fundación Conocimiento Libre
* La Fundación Vía Libre
* Linux User Group Bozen-Bolzano-Bulsan
* Movimento Costozero
* Netzwerk Neue Medien
* UKUUG - the UK's Unix and Open Systems User Group
* Verein zur Förderung Freier Software
* Vrijschrift
* WilhelmTux
* Ynternet.org - Free communication for communities
Individuals
* Alex Hudson
* Beatriz Busaniche
* Benoît Sibaud
* David Ayers
* Federico Heinz
* Francis MUGUET
* Frédéric Couchet
* Georg Greve
* Graham Seaman
* Jeroen Dekkers
* Jonas Oberg
* Marc SCHAEFER
* Markus Beckedahl
* Matthias Kirschner
* MJ Ray
* Pablo Machón
* Patrick Ohnewein
* Reinhard Müller
* Richard Stallman
* Rik van Riel
* Sébastien DINOT
* Simone Piccardi
* Stefano Maffulli
* Théo Bondolfi
* Volker Dormeyer
1. FSFE self-conception
2. Is Microsoft happy that the FSFE is included in their appeals process?
3. FSFE intervenes at the European Court
4. FSFE at the Ars Electronica
5. GNU/Linux World Expo in Milan, Italy
6. FSFE at the United Nations Conference on Trade and Development (UNCTAD)
7. Spanish press release mailing list now available
1. FSFE self-conception
In the course of improving the "About" section of the web site, a page
was added explaining the self conception of the FSFE. We recommend
that everybody interested in the work of the FSFE may like to read this
page, as it explains the philosophy behind the FSFE:
http://www.fsfeurope.org/about/self-conception.en.html
2. Is Microsoft happy that the FSFE is included in their appeals process?
As mentioned in the July newsletter, the EU Commission invited the
FSFE to support their position in the Microsoft trial. Handelsblatt,
Germany's most influential economic newspaper, reported that Microsoft
wrote a two page letter to the European Court trying to argue that
FSFE should not be involved. When the Handelsblatt raised this issue
with Microsoft, its spokesperson denied that any such attempt had been
made and that Microsoft believes more third parties would be beneficial
to the case. No comment was made whether this was related to Microsoft
asking that third parties in support of the Commission should pay
Microsoft's lawyers.
3. FSFE intervenes at the European Court
Meanwhile, Carlo Piana and Jeremy Allison delivered FSFE's first
statement; they also represent the Samba team in this trial.
While they explained why Microsoft has to disclose the specifications
of the network protocols used in MS-Windows networks to enable ongoing
competition, they also made clear that they do not request Microsoft
to publish source code of their Windows Operating Systems. The hearing
will continue on 1 October 2004 and the final decision should be made
public around the end of October 2004.
4. FSFE at the Ars Electronica
During Ars Electronica 2004 in Linz, Austria, Georg Greve participated
in a discussion focusing on "digital commons" together with Lawrence
Lessig. Before this there was the "Netvision" prize award ceremony,
which was awarded to the "Creative Commons" organisation.
5. GNU/Linux World Expo in Milan, Italy
The FSFE presented a booth at the GNU/Linux World Expo in Milan, and
Stefano Maffulli gave two speeches at that event, presenting the
activities of FSFE. Several companies contacted the FSFE staff there
to express their interest to release their software under a Free
license and asked for help with that goal. Commercial Free Software
is seen more and more as a realistic business opportunity.
6. FSFE at the United Nations Conference on Trade and Development (UNCTAD)
Georg Greve participated in the Expert Meeting on Free Software at the
United Nations Conference on Trade and Development (UNCTAD), Geneva,
Switzerland. In the panel on economic perspectives of Free Software,
he spoke about Free Software and its role in advancing the information
society, in particular in developing countries.
7. Spanish press release mailing list now available
The FSFE has now set up a mailing list where you can subscribe to
receive its press releases in Spanish. This is the sixth language
press releases will be available in:
http://www.fsfeurope.org/press/
Help with the necessary translations for all the languages is still
very welcome:
http://www.fsfeurope.org/contribute/translators.en.html
You can find a list of all FSF Europe newsletters on
http://www.fsfeurope.org/news/newsletter.en.html
Allianz Group will suffer because of software patents
October 4th, 2004
Dear Mr. Diekmann,
Have you ever considered offering general insurance for stock brokers
against the risk of losing money? As absurd as this sounds, the
European Commission is seriously considering equivalent measures at
the moment.
The European Council and the European Commission seek to introduce
software patents in Europe. This is not only threatening any company
doing business in Europe, [1]a number of international scientists also
see it as a grave risk to European economies. Adding to the studies
already known, recent publications by [2]Pricewaterhouse Coopers (PwC)
and [3]Deutsche Bank Research further underline the damaging effect of
software patents. As [4]The Register quotes PwC: "The mild regime
[...] in the past has led to a very innovative and competitive
software industry with low entry barriers. A software patent, which
serves to protect inventions of a non-technical nature, could kill the
high innovation rate."
The reality of software patents is well-known for its purely
speculative character. Although generally endorsed by noble goals such
as promoting innovation, studies from the [5]Massachusetts Institute
of Technology (MIT) or the [6]German monopoly commission show that
software patents are harmful to innovation.
Software patent applications could be considered like the chips that
are bet on a roulette table that -- if successful -- will win you the
jackpot in form of a multi-billion Euro litigation. Any large
corporation making use of software could find itself on the receiving
end of such a bet. The more money at play and the more software used,
the higher the chance of being targeted. Valuable companies such as
Allianz group -- which are in the main dependent on software revenues
are especially at risk of being adversely affected by the legalisation
of software patents in the EU.
While I believe the plans of the European Commission should already
have you quite worried, the current plans are going to affect you in
another aspect, as well.
Having to acknowledge the harmful and potentially devastating effect
of software patents on European companies and national economies, the
European Commission recently introduced the idea of another directive
aimed at creating a [7]compulsory insurance against software patents
for all European enterprises. This insurance should obviously be cheap
enough so that it does not immediately kill the European economy
altogether.
You, as CEO of Allianz Group will have to insure your enterprise,
because you are at risk of being the target of a multi-billion Euro
software patent litigation. This is essentially the same as asking for
cheap compulsory insurance of all stock brokers against losing money
-- and we are certain that you see the flaw in that logic.
We would appreciate the opportunity to discuss this problem with you
further, but now time is of the essence. The European Council is
planning to decide in November and the European Parliament will then
have to make a final decision early next year.
With kind regards,
Georg Greve
President
Free Software Foundation Europe (FSFE)
www.fsfeurope.org
References
1. http://mail.fsfeurope.org/pipermail/press-release-de/2004q2/000030.html
2. http://www.pwc.com/Extweb/pwcpublications.nsf/docid/EC6DE73A846581CE80256EF…
3. http://www.dbresearch.com/PROD/DBR_INTERNET_EN-PROD/PROD0000000000175949.pdf
4. http://www.theregister.co.uk/2004/09/15/pwc_swpat_are_a_threat/
5. http://www.researchoninnovation.org/patent.pdf
6. http://swpat.ffii.org/archiv/zitate/index.de.html#mopoko0207
7. http://europa.eu.int/comm/internal_market/en/indprop/patent/docs/patent-lit…
The first part of the hearing in the appeal procedure by Microsoft Vs
the EC has finished yesterday at 12.30pm. The Court heard from Jeremy
Allison, introduced by Carlo Piana from the Milan-based Tamos & Piana
law firm, on behalf of the Free Software Foundation Europe.
Allison's intervention has been very clear: Microsoft has worked
closely with the Samba Team in the past to achieve interoperability
between Windows systems and other operating system (including
GNU/Linux). "The SAMBA team and the FSFE are simply asking for the EC
to protect European consumers and to re-establish collaboration towards
a free and competitive market", says Stefano Maffulli, Chancellor of the
Italian Chapter of the FSFE. Moreover: "Neither the SAMBA Team, nor the
FSFE (which is representing SAMBA interests in the hearing), have ever
asked to see any part of Microsoft's source code. All that European
consumers need is to know the communication standards (protocols) used
by Microsoft Windows systems to implement their network services. This
is in order to allow non-Windows computer systems to interoperate with
Microsoft Windows systems."
The full text of the intervention is available by request; just write
to:
press-it(a)fsfeurope.org
The text will be soon made available on the FSFE website:
http://fsfeurope.org/
FSFE members are available for interviews and further details.
Contacts:
Stefano Maffulli <maffulli at fsfeurope.org>
Tel: +39 02 34 537 127
Fax: +39 02 34 531 282
Cel: +39 347 14 93 733
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organisation dedicated to all aspects of Free
Software in Europe. Access to software determines who may participate
in a digital society. Therefore the Freedoms to use, copy, modify and
redistribute software - as described in the Free Software definition-
allow equal participation in the information age. Creating awareness
for these issues, securing Free Software politically and legally, and
giving people Freedom by supporting development of Free Software are
central issues of the FSFE. The FSFE was founded in 2001 as the
European sister organisation of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Press Speaker - FSF Europe (http://fsfeurope.org)
In der Roede 24, 64367 Mühltal (Tel: +49-179-6919565)