Bonum Certa Men Certa

Deutschlandfunk, Deutschlandradio, and the Nation of New Zealand Show the Way Regarding Software Patentability

New Zealand Parliament buildings



Summary: More radio stations and also an entire developed nation turn their back on software patents

WE finally have some good news about software patents. We'll begin with the more minor item: The FFII formally congratulates several radio stations from Germany and Austria on their decision to embrace Ogg, obviously at the expense of patent-encumbered formats (MPEG cartel) that many other stations use exclusively.



On today's "Document Freedom Day" the German radio stations Deutschlandfunk, Deutschlandradio Kultur and Austrian Radio Orange were lauded for their usage of the open Ogg Vorbis format for live streaming.

In Berlin staff members of Deutschlandradio received an award certificate and a big cake with the slogan "rOgg on!". The certificate was awarded by the Foundation for a Free Information Infrastructure (FFII) together with the Free Software Foundation Europe (FSFE).

[...]

Often licensing fees for patented formats are not levied until everyone depends on these formats. Only after the GIF graphics format was widely spread, in 1994 the patent holder Unisys demanded royalties. Only after MP3 became popular, in 1998 Fraunhofer Research and Thomson demanded licensing fees for its audio format covered by over a dozen patents. Free open source implementations of these formats are systematically barred from the market. The way out of the "lock-in", the patent trap, are open formats such as Ogg Vorbis.

Vigilance remains necessary. For example, the video compression format H.264 is in widespread use today. It is included in mobile devices and smartphone as well as many video platforms on the Internet. But the format is encumbered by over 1000 patents, managed by a consortium of about 25 corporations. Various companies have announced to use this H.264 format for the video functions in HTML5.


Down in the southern hemisphere, the news about New Zealand rejecting software patents continues to be validated. We wrote about this subject before [1, 2, 3] and Nat Torkington says that "New Zealand Government select committee recommends no software patents in NZ."

The End Software Patents Web site gives credit to more local people and organisations that deserve it.

Substantial credit is due to the people in NZ that submitted letters making the case against software patents:

* Egressive Limited * The New Zealand Open Source Society * InternetNZ * Guy Burgess


Mike Masnick talks about a hopeful relation to the situation in the United States.

New Zealand Politicians Want To Explicitly Outlaw Software Patents



[...]

As we wait for the Bilski ruling in the US (which my gut feeling tells me will have the Supreme Court totally punt on the issue of software patents), it seems like politicians down in New Zealand have figured out that software patents are a real problem.


"New Zealand legislators want to outlaw software patents," says another report.

As part of an effort to update patent law, New Zealand legislators have proposed a bill which would make it impossible to patent software. If it becomes law it would no doubt cause friction with US ACTA negotiators, who are pushing to make software patents standard internationally.

Currently they are recognized in just a few countries, including the US and Japan.


Yes, very few countries actually fell into the software patents trap. It's borderline in China and Australia as it may not be an official policy; Microsoft fights for software patents in India, Mexico, and other places including Europe of course. So far, it only exploits loopholes as it files patents but does not have them tested in court.

Other news coverage on the subject includes:

1. Select Committee Reports On New Patents Bill In New Zealand

2. New Zealand Legislators Say Software should be Inpatentable

New Zealand legislators have proposed a bill which would make it impossible to patent software. The bill, which is going through the process for patent reform, clearly indicates that software should not be patentable.

If this bill becomes a law, then it will create friction with US ACTA negotiators, who about to make software patents standard internationally.


3. New Zealand patent reform bill says no to software patents

New Zealand's parliament is preparing to vote on a major patent reform bill that will tighten the country's standards of patentability. One of the most significant changes in the proposed bill is a specific patentability exclusion for software. If the bill receives parliamentary approval in its current form, it will broadly eliminate conventional software patents in New Zealand.

The bill was drafted by the Select Commerce Committee, which decided to include the exclusion after reviewing feedback from the software industry. The bill's official summary acknowledges that software patents are detrimental to the open source software development model and have the potential to seriously stifle innovation.


TechDirt has just posted another explanation of what software patents are about.

It's always fun talking to big time patent system supporters, because it's easy to predict their arguments. After you point out all of the evidence that has shown absolutely no proof that patents increase innovation, the supporters always shift from "patents are necessary for innovation" to "patents are really about disclosure." The argument here is that part of the "bargain" for getting a government granted monopoly over your invention is that you have to describe the invention, so that those who are skilled in the art can replicate it from your description. Of course, as patent attorneys and software engineers admit, that's a myth. Patents are written these days to be incredibly broad, and really only understandable to other patent attorneys, rather than other engineers.


Masnick, the author, correctly points out the lack of "proof that patents increase innovation"; should Neelie Kroes be paying attention to non-lobbyists or the monopolists that fund them?

Recent Techrights' Posts

Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day