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German High Court Declares All Software Patentable

Posted by StoneLion on from the bitter-patent-medicine dept.

FlorianMueller writes "Long gone are the times when Europe was that bastion of resistance against software patents and patents on such things as file systems were ruled invalid. In a decision published today, the Federal Court of Justice of Germany upheld a patent on the automatic generation of structured documents (such as XML/HTML) in a client-server setting. The ruling lays out general principles that go beyond the patent at stake: they tear down all barriers to software patentability in the largest EU member state, even though a European patent treaty has been adopted that was intended to exclude software from the scope of patentable subject matter. EU patent examiners recently warned against a drift toward software patents. Software patent critics in Europe fear this will spark more litigation on their continent and increasingly call for defensive measures."

5 of 330 comments (clear)

  1. Noooooooo ! by Yvanhoe · · Score: 5, Insightful

    There goes the possibility for small innovative company to develop in a safe legal framework. Let me phrase my sentiment, on behalf of all my European colleagues, and in the immortal words of Spider Jerusalem : FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK

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    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  2. Time for another web protest by denis-The-menace · · Score: 5, Insightful

    Time for a bunch of web sites to close up shop for a day to remind how this will affect things on the web.

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    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  3. there once was a time by circletimessquare · · Score: 5, Insightful

    when intellectual property law was meant to protect the solitary inventor from the predatory conglomerate. now the predatory conglomerate just preemptively carpet bombs their intellectual property territory and backs it up with a legion of lawyers. the solitary inventor doesn't stand a chance

    intellectual property law is defunct. it is philosophically bankrupt and must be replaced wholesale, ignored, or at least radically revamped. this applies to trademark, copyright, and patents: the whole lot of it is rotten to the core and betrays any noble principles it was ever meant to uphold

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    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  4. Boycott Germany by H0p313ss · · Score: 5, Insightful

    Start including a disclaimer in all license agreements, something to the effect of "This software may be in violation of German patent law and is therefore not available for use in that country"

    Refuse to sell or license any software to anyone in that country who is not willing to sign a disclosure stating that they are fully aware of the implications of German patent law and are responsible for any violations that may occur.

    Provide information for how to contact any German political organization that opposes software patents

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    XML is a known as a key material required to create SMD: Software of Mass Destruction
  5. Re:Hello World by Bakkster · · Score: 5, Insightful

    Well, "Hello World" happens to be one of the very first programs ever made and has plenty of prior art.

    That's never stopped patent offices from awarding a patent anyway.

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    Write your representatives! Repeal the 2nd Law of Thermodynamics!