James Heald of Foundation for a Free Information Infrastructure (FFII) tells me that the Irish presidency of the EU are bypassing all the EU parliament and other objections to software patents and doing an end run round a vastly watered down software patents directive proposal.

"The powerful COREPER committee of EU member states' Permanent
Representatives in Brussels has provisionally agreed on a new draft for
the controversial Software Patent directive, overruling concerns from
the German, Belgian, and Danish delegations, and the Slovakian
non-voting observers. (The new accession countries only become full
voting members in November).

The new draft rejects all of the European Parliament's limiting
amendments, and is described by FFII as "the most uncompromisingly
pro-patent text yet".

The Coreper text also goes further than the original European Commission
text of 2002. In 2002 the Commission had agreed, in difficult
negotiations between DG Internal Market (Bolkestein) and DG Information
Society (Liikanen) not to allow program claims. Now it seems that DG
Information Society has rolled over to the united pressure of Bolkestein
and the Council's patent administrators.

A leaked document from Bolkestein's DG Internal Market suggests that DG
Information Society no longer objects to program claims. This concession
by Liikanen is needed in order to rush the Council working group
proposal through the ministers' session as an "A item", i.e. a consensus
point which does not need any discussion by the ministers.

Technically, the decision by COREPER on Wednesday is only a "forecast"
of the final decision, to be confirmed at the Competitiveness Council of
Ministers on 17-18 May. Until that date, Member states can still change
their minds (and their votes).

If confirmed by ministers, the text will form the basis for the
Directive's second reading in Parliament, after the EU elections. EU
rules make it far more difficult for the Parliament to make changes at
second reading.

Support for the text at a political level in some states is still said
to be quite soft; and decisions brokered in Coreper do fall apart (last
year's discussions on the Community Patent, for example).

FFII is therefore urging supporters to make their voices heard *now*,
especially software SMEs who make up the majority of the IT industry (eg
over 80% of IT jobs in Germany). In particular supporters should try to
mobilise organisations of which they are members, urgently try to meet
or contact local MPs and MEPs, and also Commissioner Liikanen's office
at DG Information Society."

Whatever your take on software patents, this is another example of the Irish presidency's slick understanding of and ability to exploit EU processes. As to their motivation, my perspective is that it is no more complicated than Bertie Ahern and co. wishing to be percieved as an "effective" presidency, "effectivenes" in this context being measured by how many things you get done, regardless of what those things are.

Boy I really am being cynical in the past couple of days. I should go an lie in a dark room and think about that book I should have been working on this week [and would have been if it had not been for my study leave being perpetually interrupted by administrative trivia].