Also it seems that this has been an issue in Germany and the EU to move US Style patent laws to more of a holistic copyright approach to computer software.
I had the feeling this may be more of a political awareness and I have no actual understanding of EU Patent and Copyright law or how it works in the EU as it isn't the legal system I am use to in the common law system. So will leave it at that an atleast raise a dated letter on the German consideration of patents - seems they may have changed their system over the period. Not sure but this will be my last post on this subject as it is beyond my understanding. As contract law differs by jurisidiction.
Apparently Steinberg is controlled by Yamaha though so no idea, is it Japanese? Yes I will consider this discussion non relevant at this point to fl studio. I am guessing VST3 is a German copyrights while VST2 was a German patent. Anyway super legal topic to understand.Friday, June 7, 2013
Interparty Motion for Containment of Software Patenting Passed in Bundestag
The Bundestag demands exclusive copyright protection for software solutions
Today the Bundestag passed the interparty motion "Securing Competition and Innovation Dynamics in the Software Sector – Effectively Limiting Patenting of Computer Programs." The core demand of the Bundestag is that software solutions should be protected exclusively by copyright and that no patent protection should be granted for abstract solutions in these areas. An exception should only apply to solutions where the computer program replaces a mechanical or electromechanical component.
The IT SME associations BITMi (Federal Association of IT SMEs) and BIKT (Federal Association of Information and Communication Technology) welcome the clear vote of the Bundestag. In their statements before the Legal Committee of the Bundestag, the associations had already clearly expressed their support for the motion. "Due to the existence of tens of thousands of software-related patents in Germany and Europe, especially SMEs in the IT sector are exposed to incalculable costs and liability risks today," explains BITMi President Dr. Oliver Grün the engagement of the associations and their demand for legislative measures.
At the same time, they warn against delegating the responsibility for legal regulations to Brussels, as the EU has been unable for years to make the necessary regulations for legal certainty in the software sector. "Germany must therefore take legislative leadership to send a clear signal to Brussels," says Johannes Sommer from BIKT.
Specifically, BIKT and BITMi propose a safeguard clause in copyright law. Such a provision prevents patent claims from conflicting with copyright exploitation rights and rendering them meaningless. In addition, the associations also recommend enshrining in patent law that the effect of patents does not extend to works protected by copyright.
BIKT has provided an English translation of the motion on its website to make the position of the German Bundestag accessible to interested parties outside the German-speaking area.
Interparty Motion "Securing Competition and Innovation Dynamics in the Software Sector – Effectively Limiting Patenting of Computer Programs" (Bundestag Document 17/13086)
No idea if German private law is the jurisdiction of contract with Steinberg none the less seems off topic for the imageline forum only consideration on this from me in closing is
Since German law is suppose to be based on "common sense" that is what they say, then it wouldn't make any sense to block access to a 20 year old technology if it isn't even being used by your company anymore.Regarding "undue burden" on industrial standards, this refers to situations where imposing terms that invalidate or excessively complicate existing industrial standards creates unreasonable difficulties or hardships for those involved.