"The main threat to FLOSS currently in the area of legislation is software patentability. Software patents make innovation more rigid, reinforce dominant positions, and work against the four freedoms. In the United States, where the principle of software patentability was validated in 1998 by the software law, software patents have generated many costly procedures and trials, and the system actually turns out to be prejudicial to the software industry. The « Patent trolls » companies cost even the biggest software publishers (both of proprietary software and FLOSS) vast sums of money. In order to prevent any risk of trial, FLOSS-user companies have created consortia to pool their defensive patents and free-license each other. In any case, software patentability is currently being questioned both by companies and the US Patent and Trademark Office (USPTO). In Europe though, the debate is still open. A community directive aimed at legalizing software patenting was rejected in 2005, but software patents defenders continue to fight for this legislation. The US situation could throw some light on the debate and, if software patentability is repealed soon enough, enable the European Union to make a decision favourable to the development of the software industry in general, and FLOSS in particular."