Bonum Certa Men Certa

The Legal 'Industry' of Software Patents

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Support for software patents in New Zealand mostly comes from outsiders of the software industry -- those to whom software is just something to tax with legal expenses

THIS post is likely to rub some lawyers (solicitors, attorneys, whatever) the wrong way, but it does not suggest that all lawyers are counter-productive; it does strive to show that segments of legal occupations are more concerned with taxing regular activities. They neither prevent crime nor promote science/trade.



One such example that we mentioned earlier this month involves software patents in New Zealand. Law firms in New Zealand are among the most vocal supporters of software patents in this nation, despite the fact that the New Zealand Computer Society, for example, opposes software patents (New Zealand’s largest application vendor also rejects software patents). In many ways, these patent lawyers are like the Military Industrial Complex; the only currency they grok is patent applications and patent lawsuits; they monetise friction and disputes. Is that the best which the software patents lobby can offer? One law firm after another in the New Zealand press? We have documented many examples so far and it's a true pattern.

“Is that the best which the software patents lobby can offer? One law firm after another in the New Zealand press?”The following new story/press release (it is presented as a story but it's ghostwritten) is an example of more lawyers from New Zealand lobbying for patentability of software. The messenger describes itself as "New Zealand’s pre-eminent law firm delivers the highest levels of legal and business performance."

Is this the type of 'industry' which ought to decide 'on behalf' of computer scientists what type of 'protection' they need or don't need? Of course not, it's ridiculous. It's like letting Blackwater make the decision on whether to fight Iraq or not. It's almost inconceivable and it's rather irresponsible for the New Zealand press to have published those self-promotional, greed-motivated pieces favouring software patents.

Software developers decided a long time ago that copyrights fulfill their needs. They don't want to risk thousands of lawsuits or at least threats from patent holders they were not even aware of. They want to write code, not to study patent applications all day. Justice John Paul Stevens understood this and he seemingly opposed software patents, even in his own country which is one among very few that allow software patents. Stevens is leaving though (patent lawyers are openly excited about it) and Law.com looks at his legacy. [via]

We've been doing a little thinking about outgoing Justice John Paul Stevens and what his legacy will be when it comes to intellectual property. Patent lawyers will surely remember Stevens as one of the justices who, along with justices Breyer and Souter, signed a strongly-worded dissent in the LabCorp v. Metabolite case. Because it was dismissed due to a technicality in the lower courts, LabCorp had no impact on the law, but the dissent showed that Stevens was one of at least three justices keen to rein in the extent of patentable subject matter. If, as many expect, the forthcoming Bilski decision places even greater limits on the patent system, it's likely that Stevens will have a hand in that.


Here is our main page about In Re Bilski. Even the United States is beginning to see that software patents make no sense, but Microsoft will fight for them, even in New Zealand.

Recent Techrights' Posts

Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
 
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users