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

Linux.com Made Its First 'Article' in Over and Month, It Was 10 Words in Total, and It's Not About Linux
play some 'webapp' and maybe get some digital 'certificate' for a meme like 'clown computing'
The FSF Ought to Protest Against UEFI 'Secure Boot' (Like It Used To)
libreplanet-discuss stuff
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
 
Ex-Red Hat CEO Paul Cormier Did Not Retire, He Just Left IBM/Red Hat a Month Ago (Ahead of Layoff Speculations)
Rather than retire he took a similar position at another company
[Meme] Never Appease the Occupiers
Freedom requires truth. Free speech emancipates.
Thorny Issues, Violent Response
They say protests (or strikes) that do not disrupt anything are simply not effective. The same can be said about reporting.
GNU/Linux in Malaysia: From 0.2 Percent to 6+ Percent
That's like 30-fold increase in relative share
Liberty in Liberia? Windows Falls Below 10% and Below iOS
This is clearly a problem for Microsoft
Techrights Congratulates Raspberry Pi (With Caution and Reservations)
Raspberry Pi will "make or break" based on the decisions made in its boardroom
OSI Makes a Killing for Bill Gates and Microsoft (Plagiarism and GPL Violations Whitewashed and Openwashed)
meme and more
People Who Defend Richard Stallman's Right to Deliver Talks About His Work Are Subjected to Online Abuse and Censorship
Stallman video removed
GNU/Linux Grows in Denmark, But Much of That is ChromeOS, Which Means No Freedom
Google never designs operating systems with freedom in mind
Links 16/05/2024: Vehicles Lasting Fewer Years, Habitat Fragmentation Concerns
Links for the day
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French