Bitkom Survey

[PILCH Hartmut <phm@a2e.de>]

Through

        http://swpat.ffii.org/players/bitkom/index.en.html

at

        http://swpat.ffii.org/players/bitkom/bitkom-swpat-umfrage030120.pdf

you can now find the survey (in German) on which EICTA lobbyists base
their assertions that "our surveys show that most software companies
are in favor of patents", which they have been making at the European
Parliament and also in Berlin during the last half year.

The survey among 90 member companies basically asks 

   Do you believe that patents can play an important role in
   strengthening a company's bargaining position?

and interprets the 82% "yes" as an "82% in favor of software
patents".

Another question comes closer to asking for a political opinion:  They
ask approximately

  Should the current possibilities for obtaining patent protection for
  computer-implemented inventions be maintained, extended or reduced?

Here their result is

        extend: 39
        maintain: 37
        reduce: 10

Now by "computer-implemented inventions" one usually does not
understand software ideas, and most people believe that computer
programs as such are not patentable inventions.  Even FFII would
probably have responded "maintain" to this question, and Bitkom would
then have told MEPs that FFII supports software patentability.

We do not know what Bitkom's exact questions were nor whom they asked,
but it is clear that they are asking from a pro-patent perspective in
order to obtain pro-patent conclusions.  They tell respondents to
imagine themselves as the patent-owner only, never as the infringer.
They are not citing any example patents or problem cases.  Also, as we
know, questionnaires like these are likely to be answered by legal
departments.

Needless to say, this survey report was written by Bitkom's "committee
on industrial property and copyright" which is chaired by IBM's chief
patent lawyer Fritz Teufel and whose rare meetings are usually
attended only by patent lawyers from large corporations.

Also, the original questionnaire is not included in the study.

Considering Bitkom's mode of handling this matter so far, I wouldn't
be surprised if this study had not been conducted at all.  To date
we do not know anyone from any company that participated in this
study.  If there is someone on this list, please raise your hand.

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-12789608   
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
135,000 signatures against software patents      http://www.noepatents.org/