While the german government has not found a clear position on software patents and has been named as an ally by patent lobby circles in Brussels, the delegates for economic and media policy of the parliamentary group of the Green Party, junior ally of the Social Democrats in the governing coalition, has published a declaration which unambiguously rejects the Brussels draft. It says inter alias
The directive draft of the European Commission is heading for the wrong direction. Software patents impede innovation, free software developpers, Open Source and SMEs. ... The Commission has, without giving due consideration to the economic studies which were presented to it, published a premature law proposal.
In principle, the Green Party welcomes the opportunity to clarify the legal situation:
We have in thepast witnessed a silent erosion of the legal provisions against patenting software. Therefore we must now again clarify that software is not patentable. Continued legal insecurity is damaging to enterprises.
Software development does not fall into the category of inventing but rather of skillful development of large works, just as the term suggests. It makes no sense to extend a legal instrument designed for technical inventions into the area of software, which is what the EU Commission's proposal actually does.