The EFF has published a blog post on the recent motion adopted by the German Parliament on software patents.
Unfortunately, the tweet announcing this post has a slightly misleading headline:
The German Parliament recently eliminated software patents, urges all of Europe to follow.
That would be nice if it was true. It is not.
As the article at EFF correctly states, this was a “motion”, not legislation. That will need to follow for anything to actually get “eliminated”.
But the motion was supported by almost all Parties, with a strong majority in Parliament. That means that independent of the results of the elections coming up in September, there is a very good chance for legislation finally getting rid of this abuse of the patent system getting enacted.
It is open to debate if one should have a patent system in the first place. It will always reduce the freedom of a majority of market participants, and it will always cost money for patent offices, patent lawyers, and lawsuits. There is really no proof that an economy with patents works one bit better than one without. So maybe the German Parliament should go a step further and call for abolishing patent law altogether.
As long as the system tolerates software patents, we would clearly be better off getting rid of patents altogether.
Related post: German Bundestag on Software Patents