Neither U.S. voters nor their elected representatives have ever endorsed the idea of patenting software, or mathematical algorithms. It was done by a court.

If this stupidity is to rule over Europe, it's fitting that the people's representatives should decide the question, and it now appears that they will.

The European Commission has pitched the question of software patents to the European Parliament, and will abide by a negative vote.

The winning argument is that software patents would bring Europe a permanent negative balance of payments, and place a toll on European innovation.

That's because most software patents are held by Americans or Asians, not Europeans. When patents are used inside other inventions, and most future inventions will involve software as a component, they represent a tax on innovation.

Software already has ample protection via copyright. The purpose of a patent is not to protect the expression, but the ideas behind it, to forestall improvements in the invention by someone else.

Some European companies would benefit from software patents. But most would pay, and so would Europe's people.

If you live in the EC, contact your member of Parliament today and urge them to vote "non."