Germany to Vote Against Software Patents in the EU

YKW writes "According to Ars Technica, Germany has decided to vote against all changes to current European patent laws. In a statement given to demonstrators in Germany, Federal Department of Justice Minsterial Director Elmar Hucko read the riot act to the EC: 'Under no circumstances do we want American procedures in Europe, Hucko vowed with regard to the US patent process. A patent must be "a fair reward for a bona fide invention and not abused as a strategy to bludgeon competitors.' With the largest EU member against software patents and French IT leaders lobbying their goverment to vote against them too, Europe might be saved from software patents. At least for a while. An older Slashdot article about software patents in Europe is here."

Comments

Foreign competitors

[kevmo]

I am curious to see how this will play out with big US companies like Microsoft and Apple, specifically with foreign competitors cloning their products.

Will Microsoft be able to prevent Windows clones from being sold in the US by US patents, even though they may be legal in Europe?

Re:Foreign competitors

[Anonymous Coward]

You want to do what? Park an aircraft carrier just off the coast of the country that invented Exocet ?

My goodness. That'd certainly be a sight worth seeing! Brief, but worth seeing.

Re:Foreign competitors

[dbIII]

I wonder if the Bush administration will apply political pressure on the french and the germans to accept these patents?

If they do so there will be a repeat of the French reaction to the "vote with us in the UN or face the consequences" demand over Iraq - a firmly extended middle finger. Back then whoever made the demand was either an idiot (maybe it was Rumsfeld?) or it was some deliberately contrived plan to stir up the french so the US could go into Iraq without the UN running the show - because the reaction of the french being threatened like a tiny african republic is exactly what anyone with any awareness of world events would expect.

If the USA applies pressure on France it will be certain that they vote the other way.

Re:Foreign competitors

[Distinguished Hero]

Jesus, can I find one thread not containing an anti-American comment at +5 insightful?

We've demonstrated that our voting system has failed

No, you've demonstrated that Florida's electoral system has failed. Thanks to the electoral college, Florida can choose to select their representatives however the hell they want. Regardless how much you whine about it, approximately 50% of voters voted for Bush. It's not like he won with 10% of the vote and a military coup. Gore might have had the popular vote, but the electoral college is there for a reason; whether that reason is valid, of course, is up for debate.

that our leadership hates gays

Look, I'm not saying that Bush is right to attempt to amend the constitution, but not allowing gays to vote is not necessarily hatred. Some would argue that marriage is designed solely for procreation, and includes certain incentives to facilitate that. Personally, I don't see marriage as having anything to do with love (certainly love can exist outside marriage); why do people need the state to acknowledge their love for each other?

that our leadership hates ... muslims

Half the time people insinuate that Bush is in bed with the Saudis (see Fahrenheit 911) and the other half of the time they insinuate that he hates the Muslims. If your leadership really hated Muslims, why would they attempt to stabilise the middle east. I'm sure you think that the Iraqi war is all about oil, and to some it probably is; however, if the administration really hated Muslims, why would they have waged the most humane war in modern history? Furthermore, if they hated Muslims so much, why don't they just invest a whole lot of money in alternative energy sources? Imagine what would happen to the OPEC countries if the US stopped buying their oil...

and does nothing to protect middle america's jobs while all the fatcats get fatter by outsourcing anything and everything they can because they lost their sense of nationalism over a few dollars.

So, now we're accusing Bush of not being nationalist enough? Outsourcing is not a clear cut issue. I'm not saying that I support it, but there are viable arguments on both sides of the fence. If you really wanted to stop outsourcing, you should stop buying items that where produced through outsourcing.

Look, I'm tired of all the anti-American sentiment. As an European, I'd like to point out that Europe and the whole world would have been a lot more fucked up if it wasn't for the Americans. If you want to point out some dubious action undertaken by the US during the cold war, I'd like to point out (as someone who used to live very close to the Soviets) that had the US not fought the Cold war, the world would have been far worse off. Anyways, the people really responsible for the Cold War were those who were so terrified of the US being the only superpower, that they deemed it fit to give the Soviet Union the nuke, but that's for another post.

A good first step

[ErichTheWebGuy]

On Groklaw, this was reported last Thursday. Not only will Germany vote no, but there is some pretty heavy pressure on France to do the same. In fact, to quote Groklaw, "They call business methods patents on software corporate racketeering and say they don't want to copy US methods"

The entities putting pressure on the French govt. include the head of MandrakeSoft, who has pretty heavy pull over in France. In fact, IIRC, a lot of French govt. agencies use Mandrake Linux.

Re:Patents work.

[J. T. MacLeod]

Patenting simple ideas and abusing legitimate businesses tends to be the realm of large businesses, not private parties, though it does happen both ways.

Nonetheless, requiring fabrication is a burden that places most patents in a class that only wealthy businesses can pursue.

Finding a private backer isn't all that easy, especially when you can't reveal your invention because you haven't patented it. Saving money can either take time or be beyond the realm of possibility. Patents were made for the small man, NOT for the mega-corporation. That's changed significantly in the years between.

My great grandfather, in his lifetime, twice invented something that could revolutionize the automotive industry. The first time, he could not find a private backer, nor would his wife let him put their house at risk to get the money to patent it himself. He took a gamble on the good will of the men in Detroit, and lost. Terribly. His invention was stolen.

The second time he came up with something far more amazing. This time, he was able to get the money to pursue patenting it. He couldn't get a patent, though, because his prototype was deemed inadequate. He fully intended to pursue marketing it to a company which could make use of it, but he didn't, because he couldn't protect it.

I've personally designed several things that could be quite impactful, but I'm unable to pursue marketing them to companies that could make use of them because I lack the very sophisticated and expensive resources necessary to begin down the path required by the present system. Though I prefer ideas be in the public domain, I know that, generally speaking, to bring an invention or improvement to a wide market so that it will be useful, it must be protected by a patent so a company will consider using it. What can I do? Nothing, presently. It's really killed my passion for invention.

Genuine innovation, and the pursuit of marketing that innovation, is indeed possible without the resources for fabrication. It's happened a lot over the years, but most people aren't able to do anything with it, because the present system is classist.

Re:Wakeup Call

[Vlad_the_Inhaler]

Der Spiegel (article in German) does not agree with you. Maybe they also listened to Heise but it does not look like it.