First of all...

EU Parliament Votes for Real Limits on Patentability
2003 September 24th, by FFII

In its plenary vote on the 24th of September, the European Parliament approved the proposed directive on "patentability of computer-implemented inventions" with amendments that clearly restate the non-patentability of programming and business logic, and uphold freedom of publication and interoperation.

... ... ...

However, when 78 amendments are voted in 40 minutes some glitches are bound to happen: "The recitals were not amended thouroughly. One of them still claims algorithms to be patentable when they solve a technical problem.", says Jonas Maebe, Belgian FFII representative currently working in the European Parliament.

http://swpat.ffii.org/news/03/plen0924/index.en.html
So, they have decided that programming and business logic is not patentable.
Now for your question...

Originally posted here by instronics
I write my own irc client for example, but its illegal, because some one else has already writtn an irc client before me. Is that understanding correct?
Here's my understanding (also limited): Only when that someone has already patented the programming idea/logic/algorithm of an irc client. If you write an irc client which uses parts of the patented material, you have to pay the patent holder.

[ADD]I've just done a little searching, and here's what I've got:

There is no official register for copyright. It is an unregistered right (unlike patents, registered designs or trade marks). So, there is no official action to take, (no application to make, forms to fill in or fees to pay). Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, eg on paper, on film, via sound recording, as an electronic record on the internet, etc.

A patent for an invention, on the other hand, is granted by government to the inventor, giving the inventor the right for a limited period to stop others from making, using or selling the invention without the permission of the inventor. When a patent is granted, the invention becomes the property of the inventor, which - like any other form of property or business asset - can be bought, sold, rented or hired.

That's why I guess "software patents can render software copyright useless" as written on FFII site. [/ADD]

Peace always,
<jdenny>