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Synopsis: The Council's Software Patent Agreement of 18th of May 2004 is not supported by a qualified majority of EU member states. The Luxemburg Presidency is not legally obliged to pass this agreement. Passing the agreement would mean killing the directive project. The Luxemburg Presidency should encourage the member states to start doing a proper 1st reading in the Council. Such a reading has not yet taken place. The only alternative would be a restart in the Parliament.