40 = 41

Stroz; Lichtenberger and Frassoni


 Rejects the Common Position

The case for rejection is a case against adopting a bad directive. Legal uncertainty over whether or not software patents are enforceable is better than the certainty that they are, especially since there are still other open avenues to structurally attack their validity outside this directive project. A bad directive would be very harmful to such initiatives.

If the Parliament opts for rejection, it should clearly state it does not reject the directive because it is "against a directive on this topic" or because "it does not want to be involved in this topic", because Commissioner McCreevy earlier on said that he would "respect the Parliament's wishes" if they reject it. The message must clearly be that the Commission did not do its homework and that the EP cannot be expected to build a directive from the ground up. That is the Commission's job.

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