05-06-01 MEP Jerzy Buzek Speech: Five Pro-Patent Myths

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Transscript of Panel Speech of Prof. Jerzy Buzek, Polish MEP for EPP ED, at the Patent Policy Conference in the European Parliament. The conference took place at 1st of June 2005. The former Prime Minister of Poland presents his "Five Myths" about the software patents debate.

Thank you, Mr Chairman Jungen, thank you also for your whole presentation and introduction. Well, I was prepared to have a short speech after the key note speech and it is something different now. I expected what we can hear from Prof. Brian Kahin and I wanted to contribute. But now I will go start from the beginning.

We are all in European Parliament, as members of the European Parliament in sensitive political situation because after the first reading which was done after in the former course of the European Parliment the European Commission didn't like to change almost anything in this Directive. So, we must look for solution. We need further discussion to find a solution together with European Commission and together with the European Council. I am quite sure members of European Parliament are open for the discussion. But still we have our statement. We believe that what prepared two years ago, almost two years ago, on September 2003 by former Parliament is good enough and it's as a matter of fact our starting position, but I would like to say once again we are open for discussions. Because it is necessary now.

I would like to say: what is the basis for such a statement of European Parliament? I don't like to speak about amendments because there are a lot of them. Just only general issues why we are so different in our opinion than European Commission or European Council. I would also say that national Parliaments are usually supporting European parliament, so we have very, very complicated political situation in European Union from the point of this directive. Parliament on the one side, and all the other European institutions on the second side. So discussion is very sensitive.

I would say the legal status of computer programs has been specified by a long time. Software is copyright protected. The additional inclusion of software in patent laws will effectively expropriate the authors. The user of programs do not take the authors rights resulting from copyright into account. Copyrights are cheap and reliable. Patents are risky and expensive. There actually is no freedom of movement among the software patents.

The main argument in favour of the introdution of patent laws was the protection of investments. Material innovations require long tests and financial investment before there is any profit. At the same time investments in the software industry are usually small - if visible at all. There is therefore no need to protect them further or stronger legally.

What is so disturbing that makes patent laws appear in newspaper headlines? I would like to say those five myth by myself which I conneceted with this thing (I have to keep my time schedule so..I am just keeping time trying to do this)

The first myth: granting patent rights is always good for the economy.

Often the number of patents is treated as a mark of the level of innovation. But I think it is an abuse. Patents may also harm innovation by limiting competiveness. It happens sometimes.

A great number of leading software companies have never applied for patents. Almost no computer scientist and none of the outstanding ones is are intrested in patent descriptions. I am not talking about companies, big, but about computer scientists.

The second myth: Software patents may help Small and medium enterprises because they grant them exclusive rights for innovative ideas

This is not true, I think, because patents not only protect but also block. Small companies find it hard to get a patent because the costs of enforcing patents are very high. Therefore a chance of doubtful, doubtful protection is beeing compensated by the neccessity check whether someone has reserved something. It is almost impossible to check what has and what hasn't been protected.

The third myth: Software patents will not harm free software

I think this is not quite true as well. Free Software is especially subceptible to patent blackmail as everything that the free programmers create is completely transparent.

As free software is as variable as water or air there is no room for tribute in the market model. Therefore even a single patent may prove to be very distractive for free programmers.

The fourth myth: Only enraged free software supporters protest

I think that not only. Almost all computer specialists do. The whole commercial computer industry though the open code one and the one using hidden, proprietary codes is threatened by patents. The threat for free software is just more visible.

Actually, the threat to smaller companies using proprietary code ist the biggest. The software industry especially pro, to be dominated by big players

The legilation of patents will result in:

Fewer ?? for customers
A smaller selection of productions.
Worse and more expensive software

It is of view from myself from small and medium companies, small and medium enterprises.

And the last myth, number five. All problems can be solved by the appropriate application of anti-trust policy

Well, this proves false. I don't think is true. And the United States shows unable to manage software industry monopoly. We are not hearing to our keynote speaker. I have very interesting information about another American specialist, Prof. Lawrence Lessig, well he is awarded a lot national awards. Standford law school, Center for Internet and Society. - and he is actually thinking not very well about all issues in the United States from point of view software patents. The situation in Europe in not too good either.