Software patent opposition linked to ‘anti-Americanism and anti-big business protests’

A row over software patents is linked to bitter opposition over EU economic liberalisation and to broader anti-free market sentiment, the European Commissioner for the Internal Market has said.

MEPs debate the controversial Computer Implemented Inventions (CII) Directive on Tuesday ahead of a Wednesday vote in the European Parliament.

Charlie McCreevy told EUpolitix.com that debate on the directive has been influenced by broader political opposition to EU economic liberalisation – and anti-globalism.

In particular the CII proposals had become linked to the Services Directive – proposals blamed for the French EU constitution rejection in May.

“The theme, or the background music, to both of these particular directives you could see as part of, anti-globalisation, anti-Americanism, anti-big business protests – in lots of senses, anti-the opening up of markets,” he told this website.

“I think an awful lot of the debate in Europe in recent times has been influenced by this particular type of thinking, which I would accept is part of the opposition to the CII directive and part of the opposition also to the services directive.”

CII critics have argued the ‘US style’ proposals will allow IT giants to patent smaller software companies out of existence, stifling innovation and creativity.

McCreevy is happy confront the political reality – no matter how unpalatable it may be to EU officials used to technocratic consensus.

While Ireland’s finance minister, McCreevy led from the front on free market, economic growth-led policies that make him no stranger to rows over liberalism versus social protection.

“I’m a great believer in facing up to the facts. It may not be politically correct to say what I’ve just said. But there’s no point in being deaf to what is the background noise to both the CII and the Services Directive,” he said.

“People’s thinking has been coloured, I think by those particular noises, which is a pity.”

But McCreevy is keen to distinguish between the CII legislation and flawed services proposals – despite the similar notes of criticism surrounding both.

“I’m fairly happy that the CII should stand as the commission proposal. We’ve accepted the spirit of amendments over the past number of years, put them into effect and I have set out my position there,” he said.

“I’m not for a moment saying that in regards to the Services Directive. With the Services Directive, having said that about the background music, I’m not for a moment saying that people do not have genuine, real concerns.

The commissioner will not allow the European Parliament to rewrite the CII – amendments will be voted on this Wednesday.

While welcoming a recent CII vote by the parliament’s Legal Affairs Committee, McCreevy repeats that if MEPs make commission proposals legally unworkable or self defeating he will withdraw them.

“I’ve said all along is that what the original purpose of the directive was, was to codify the existing situation.”

“What I’ve said all along is we’re not going to allow a situation to develop whereby with amendments and changes we end up doing exactly the opposite of what this particular directive set out to do. That I have made clear,” he said.

“I have also made clear is that if the parliament was to reject the directive then I would not be putting another proposal on the table. That remains my position.”

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