“The German Parliament, the Bundestag, has introduced a joint motion against software patents. The resolution urges the German government to take steps to limit the granting of patents on computer programs. In the resolution, the Parliament says that patents on software restrict developers from exercising their copyright privileges, including the right to distribute their programs as Free Software. They promote the creation of monopolies in the software market, and hurt innovation and job creation.” After New Zealand, we now have one of the most powerful economies in the world moving to ban software patents for all the reasons smart people have been outlining for years. also: “The government should also push to ensure that software is covered by copyright alone, and that patent offices (including the European Patent Office) stop granting patents on software.” Germany is not a country the EU can ignore. Very good news, this.
Sadly I don’t that would ever happen here in the States…
US is the strange country with a strange strain of democracy…
The design is somewhat out of date, by now.
“urges the German government”
Please do, nothing done yet. Voting coming, afterwards there are 4 years more to do nothing.
But still good the problem is recognized and named even if only for elections.
Edited 2013-06-13 12:46 UTC
I don’t understand this, either. Doesn’t the German parliament make laws like other parliaments? Why the hell does it urge government (which is supposed to be the executive branch of the state) instead of passing a law and being done with it?
The article focuses on things we know, software patents are bad, blah blah, but I’m missing the process background here.
Because law already make software patents illegal. European Patent Convention (IIRC EU child), have explicit exception for software as unpatentable.
European Patent Office however do grant patents. (Its not EU institution, each and every european country can be member of this..)
So law is ok.
Except we don’t know. Because there have been no judgement on the question. Yes, the EPC says “no program can be patented”, but the European Patent Organization said that patenting a technical solution that involves the use of a program is ok. And since that has not been challenged in court yet, it is actually fair to assume that all those patents are valid.
And the reason that it has not yet been challenged in court is that there is little patent trials in Europe, since patent trolling is very limited in Europe as most trivial patents are excluded. Patenting things like “send an email with a touch device” is almost impossible, and even if it was accepted by the EPO, you would lose in court, without even having to challenge the legality of so-called software patent. An other reason is the cost, since the EPO does not grant a patent that is valid over Europe, it just give you a fast track to push your patent to all the national body, meaning you will have to pay all of those national body to be able to enforce your patent.
Actually like in many parliaments (to the exception of the USian one and probably a few other), they mostly vote and amend laws that originate from the executive branch.
Exactly. A substantive policy conflict between the Bundestag and the chancellor could easily wind up triggering an early election.
Good to remove patents.
– For what – !?! – they stop small ones
– For single Genius – without money
…
Good to keep patents – get some money from BIG corp.
– for taxes when trade patents
– for keeping them safe for 50 years
…
The True is between, for the BIG one let patents stay.
Business will stay for scientist – who will pay for researches??? If patents disappear.
For Small one like us, let’s disappear.
Small companies – no need licenses they even can’t
imagine what license have they broke in.
So patent bureaus will choose:
– you are small do what you want.
or
– You are using patent widely but do nothing to repay to people who do all the job – RESEARCHES.
It’s not easy decide – Capital will collapse without Property!
In EU software patents are illegal. Period.
In EU software companies and programmers do not lack innovation nor incentives for development. Period.
To say that europe should adopt software patents you do need to show that such patents would make CURRENT situation better.
Good luck with that… European IT companies wont let change current law… They know better.
I’m curious what the US government reaction will be, how much lobbying will the major patent holders (MS, Apple, and the rest) use against the US government to make sure Germany and the EU don’t drop patents. Of course they may not need that, those companies can just say they’ll stop selling their stuff in any country that follows through. Guess it depends how powerful those companies feel they are in those countries.
Its not so much about dropping, as software patents are illegal in germany and eu. (or rather nobody care about them, even if EPO granted them)
Its more about patent reform movements in which Germany participate. So that permission for such don’t slip in..
Best news ever! Germany is still the leading net balance trade country in the world and exert enormous pressure in all markets. They also sell much of the software the world relies on and this move can only benefit freedom in general, unless diluted by parliament.
This would be good news if software patents would be banned from the whole world. Unfortunately, as is, this is not as good as you would think.
European companies can’t file software patents, so any development they do, risk getting “stealed” by United States company who CAN file patent.