For the new Eastern European member states
of the EU, the negative implications of legalized software
patents would be particularly hurtful. Software patents
would deprive those countries of major opportunities.
Affordable and innovative software are key requirements
for the Eastern European economies to grow and prosper.
In order to reach Western European income levels, Eastern
Europe has a strategic need for fostering the use of information
technologies. Relative to the current income levels in Eastern Europe,
the cost of computer software is even higher than in the West.
The problem of higher relative costs is even bigger for the
cost of patenting.
The cost of a European patent is
approximately 30,000 Euros, and software companies need a very large
number of patents for defensive purposes. Eastern European countries
would shoot into their own foot by supporting a patent system that adds
a huge and counterproductive layer of cost to software development.
Copyright law, which protects every developer at no incremental cost,
is much better positioned to enable bright minds in Eastern Europe
to develop software for their own markets and the entire internal
market of the EU.
The Eastern European member states of the EU don't have
traditional industry giants like Germany or Sweden.
In the long run,
the net effect of software patents is negative to each and every
European country, no matter how many large companies it has. It is
even negative in the United States where the Federal Trade Commission
has voiced major concerns. However, in a country with some global players
like Siemens, there is a lot of pressure by lobbyists for broad
patentability, and they sometimes succeed to lead their national
governments to wrong choices. It's hard to see why smaller countries with
differently structured economies would have to follow others
on the wrong track. The more a country is a software importer
rather than exporter, the less it makes sense to push for any
legislation that makes it harder for newcomers to enter the market,
and that only serves to make software more costly and less innovative.
"Of those software products that count millions
of installations worldwide, MySQL may very well be the one with
the highest percentage of contributions from Eastern European
programmers. We found great talent there because of the contributions
that Eastern European developers made, and the Internet communication
we had with them. So we started hiring ever more of them into our
virtual organization in which geographic distances are not nearly
as important as recruiting the best people."
Maurizio Gianola, VP Software Engineering,
MySQL AB
The strategic relevance of open source applies to Eastern
Europe even more than to the West.
Apart from cost
considerations, which are not exclusively a matter of open source,
there are two reasons why open-source software is particularly
beneficial to Eastern Europe. The first is that a significant
number of open-source developers are Eastern Europeans. For instance,
a large part of the software development staff of MySQL is based in
Eastern Europe, not because the company specifically recruited there
but simply by virtue of those people having contributed, over the
Internet, to open-source projects. Another aspect is that some of the
Eastern European languages represent relatively small markets. While
only a few software vendors translate their software into such
languages, there is typically always some open-source developer
in each country who will sooner or later translate an open-source
program, even if it is used by a very limited number of people who
speak the respective language. Closed-source software doesn't come
with that freedom.