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Re: [Fsfe-uk] Chaos in the EU Council....


From: Ralph Janke
Subject: Re: [Fsfe-uk] Chaos in the EU Council....
Date: Mon, 12 Jul 2004 22:55:18 +0100
User-agent: Mozilla Thunderbird 0.5 (Windows/20040207)

Alex Hudson wrote:

On Sun, 2004-07-11 at 21:59 +0100, Ralph Janke wrote:
1) I believe the lobbying efforts should happen everywhere possible. I would also suggest to start to lobby professional associations with our points. Especially SME associations must be convinced that MH's nonsense is not to be believed. However, we should lobby all kinds of professional associations, esp. in the engineering and computing area.

Indeed. The BCS have been conspicuously silent, although I'm not sure
it's really their field per se. I know some people have been in touch
with the Federation of Small Businesses, but I don't get the impression
they are going to be enlightened on this issue.

Since I have an SME I should probably get to be a member of them to
jumpstart some things ?!

2) I haven't looked up yet in which are patent law falls within the EU
treaties. It makes a different if a directive needs only consultation
by the EUP, or if it needs agreement. However, EUP's agreement also
makes a difference about what majority the Coucil must have to show in
order to pass a directive.

I'm fairly sure that there is a grain of truth in what is being said,
and that grain is this: I don't think new amendments are possible in the
second reading. However, I *did* think it would be possible for the
Parliament to re-introduce amendments that the Council removed. However,
the process seems opaque at the best of times, so I could well be wrong.

No ammendments are possible however if the parliament rejects the
"common position" put out by the EU Council, depending if the directive
falls under Article 251 EC, the directive is not passed, or if it falls
under Article 252 EC the Council would have to overrule the EU
Parliament unanimously (which is unlikely looking at the last Council
meeting about this directive).

Unfortunately, it will be difficult to get the EU Parliament to vote
against the directive with absolute majority, since all those PPE and
socialist fatcats want to see the cling-cling from M$ and
co-conspirators....

Ralph Janke





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