Linked by Thom Holwerda on Thu 13th Jun 2013 11:43 UTC
Legal "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.
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Good
by Drunkula on Thu 13th Jun 2013 12:28 UTC
Drunkula
Member since:
2009-09-03

Sadly I don't that would ever happen here in the States...

Reply Score: 3

RE: Good
by JAlexoid on Thu 13th Jun 2013 12:33 UTC in reply to "Good"
JAlexoid Member since:
2009-05-19

US is the strange country with a strange strain of democracy...
The design is somewhat out of date, by now.

Reply Score: 7

RE: Good
by cdude on Thu 13th Jun 2013 12:44 UTC in reply to "Good"
cdude Member since:
2008-09-21

"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

Reply Score: 3

RE[2]: Good
by aargh on Thu 13th Jun 2013 14:55 UTC in reply to "RE: Good"
aargh Member since:
2009-10-12

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.

Reply Score: 5

RE[3]: Good
by przemo_li on Thu 13th Jun 2013 15:16 UTC in reply to "RE[2]: Good"
przemo_li Member since:
2010-06-01

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.

Reply Score: 5

RE[4]: Good
by cyrilleberger on Fri 14th Jun 2013 08:02 UTC in reply to "RE[3]: Good"
cyrilleberger Member since:
2006-02-01

Because law already make software patents illegal. European Patent Convention (IIRC EU child), have explicit exception for software as unpatentable.

[...]

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.

Reply Score: 3

RE[3]: Good
by cyrilleberger on Fri 14th Jun 2013 07:50 UTC in reply to "RE[2]: Good"
cyrilleberger Member since:
2006-02-01

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?


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.

Reply Score: 3

RE[4]: Good
by Naomi on Fri 14th Jun 2013 12:13 UTC in reply to "RE[3]: Good"
Naomi Member since:
2013-05-27

Exactly. A substantive policy conflict between the Bundestag and the chancellor could easily wind up triggering an early election.

Reply Score: 1

v think wise
by ivsky on Thu 13th Jun 2013 13:04 UTC
RE: think wise
by przemo_li on Thu 13th Jun 2013 15:18 UTC in reply to "think wise"
przemo_li Member since:
2010-06-01

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.

Reply Score: 6

Comment by seanc7
by seanc7 on Thu 13th Jun 2013 14:43 UTC
seanc7
Member since:
2012-03-26

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.

Reply Score: 2

RE: Comment by seanc7
by przemo_li on Thu 13th Jun 2013 15:21 UTC in reply to "Comment by seanc7"
przemo_li Member since:
2010-06-01

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..

Reply Score: 2

Comment by judgen
by judgen on Thu 13th Jun 2013 18:37 UTC
judgen
Member since:
2006-07-12

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.

Reply Score: 3

Bad News
by Jack Burton on Fri 14th Jun 2013 07:34 UTC
Jack Burton
Member since:
2005-07-06

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.

Reply Score: 0