Bonum Certa Men Certa

Who to Blame for Germany's Dangerous Decision Regarding Software Patents

Keep clean



Summary: Microsoft, Nokia, IBM, GE, Siemens, SAP, Philips and several other massive companies are largely responsible for Europe's trouble with monopolies on algorithms

THE FFII's president recalls a situation from 2004 when the Bundestag (Germany) debated software patents and stated: "The German Bundestag shares the conviction that technical inventions, even if they contain software components, must be amenable to protection by patent law. Nevertheless, the German Bundestag has arrived at the conclusion that the present state of opinions concerning the draft directive at the European level does, thus far, not provide sufficient solutions to central questions. The definition of the "technical contribution" of a computer-implemented invention as a requirement for its patentability represents a central item of the proposed directive. For reasons of legal certainty, the definition of the technical contribution therefore has to be shaped as precisely as possible in order to achieve sufficient quality control in the patent granting practice and to prevent the patenting of so-called trivial patents."



Jan Wildeboer, a Red Hat representative who lives in Europe and used to advocate strongly for blocking software patents in Europe before joining Red Hat, blames Microsoft for what culminated in Siemens' offensive action [1, 2] shortly after Microsoft had done something similar. "So Microsoft lobbying seems to have been successful in Germany," wrote Wildeboer. "Congrats on giving us software patents after Vista and other quality products," he added. Microsoft did lobby for this.

"Let's be honest," wrote one of our regulars, "Software patents are nothing more than a way for Microsoft to avoid competing fairly...which is why they've spent like drunken sailors getting software patents implemented worldwide - now EU. Myhrvold cheering at Insidious Ventures?"

“So Microsoft lobbying seems to have been successful in Germany”
      --Jan Wildeboer
The overwhelming majority of Microsoft's patents are software patents and there are a lot of debates in German right now over this disastrous development in Europe's largest economy.

Florian Müller, a prominent German who deals with this problem, has already published his analysis and there is more about it in LWN (only in the form of a discussion as Müller blocks comments in his blog). He has also published '"Fair Trolls" To Fight Patents With Patents' over at Slashdot where the "The Defensive Patent License" for Free/open source software is discussed (last mentioned a few days ago). What they are trying to do is create a legal mechanism like copyleft (using copyright law to fight copyrights) to turn software patents against themselves. The OIN more or less fails to achieve this goal although it can be effective sometimes [1, 2, 3, 4, 5, 6].

Right now we know that In Re Bilski in the main tool for eliminating software patents in the United States. It is a shame that IBM (whose former employee runs the USPTO) is in favour of software patents in Europe and assuming that the problem cannot be compartmentalised in the US and Japan, it is important to work to revoke Germany's poor judgment on software patents before this decision spreads itself like a disease in European nations (the 'second plague'). Tell IBM to oppose this decision in Germany, assuming that IBM cares about software freedom. Otherwise, this would not be the first time that IBM puts its profits before ethics in Germany. Another troublesome company in that regard is Nokia, which was spreading software patents in Europe through the United Kingdom with a key decision on Symbian a couple of years ago.

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway", —Marshall Phelps, IAM: Microsoft to have 50,000 patents within two years, Phelps reveals

Recent Techrights' Posts

SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
 
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026