Bonum Certa Men Certa

Patents Roundup: Patent Absurdity More Widely Understood, New Zealand's Case Against Them Made Clearer, and Why Free Software Must Reject Them

Inaffectionate monopolies

TECHRIGHTS in pieces



Summary: The latest cases of patents intruding nations, interfering with economic sense, and turning Free/open source software into another monster

Today's summary covers patents in general and software patents in particular. As predicted several years ago, software patents are pushing "open source" proponents to change themselves rather than fight back as they should.



The Economist Versus Patents



Patents make business sense to lawyers, but they rarely make business sense in general. Several famous economists, some of whom won the Nobel prize, are advocating the removal of patents (or at least some of them). The Economist has this new article which says that some patents do "more harm than good". To quote just a part: [via]

George Church, a molecular geneticist at Harvard Medical School and a pioneer of whole-genome sequencing, is unpersuaded. Leaving aside the cystic fibrosis case, he says genetic testing benefits from incentives for innovation by luring in investors. He objects to the recommended reforms as “micro-manipulation of one small part of the patent system” that could have unintended consequences.


That's the part about genome sequencing and as we found out earlier this month, gene patents are already dying [1, 2, 3].

The film "Patent Absurdity" (mentioned already in [1, 2 3, 4]) is focused specifically on software patents and it received a lot of press coverage (more recently from Heise and eWEEK Europe). But another big battle over the issue actually takes place in New Zealand right now.

New Zealand



Software patents are a hot topic in New Zealand because they might be formally removed (explicitly excluded by scope).

As we pointed out two days ago, the Labour party in New Zealand is opposing software patents and this is also covered here:

The exclusion of computer software from a Patents Bill before Parliament is a step towards helping New Zealand become more innovative Labour MPs Lianne Dalziel and Clare Curran said today.


Later on, the same publication talks for patent lawyers, who of course want more patents of any kind.

InternetNZ is against software patents because it represents technologists, not lawyers.

InternetNZ (Internet New Zealand Inc) agrees with the Commerce Select Committee and Minister Hon Simon Power that software should not be patentable. InternetNZ outlined its position in a submission to the Committee in July 2009.


More on the stance of InternetNZ can be found in TechDay, which also covers the views of The New Zealand Computer Society in this new post.

The New Zealand Computer Society polled its members and found that 81% supported the recommendation to remove Software from the Patents Act.

NZCS Chief Executive Paul Matthews said, “This is a big issue for the ICT sector. And whilst not scientific, this poll clearly backs up previous consultation showing widespread support from the ICT sector for the removal of software patents.”


We covered the views of NZCS in [1, 2, 3, 4]. It has been strongly against software patents all along. It's usually a case of computer scientists versus lawyers who only pretend to serve them rather than tax them. Here in Europe we have this lawyers' site promoting software patents a few days ago. They smell cash in more patent applications and lawsuits.

Although the UK and European patent offices have been granting patent claims that relate to computer programs for many years, a European Parliament rejected the proposed EC Directive on the Patentability of Computer Implemented Inventions (EC Software Patent Directive) in July 2006, which caused some controversy.

[...]

Corinne Day is a trainee solicitor who specialises in intellectual property law.


Well, Corinne Day should be focused on her field and not pursue what lawyers call "protection" with software patents. They pretend it's a "protection" for software developers, but it's really just protection of the lawyers' way of life.

It is sad to find posts like this one from defeatists who are promoting "open core" and other such ideas (while occasionally denouncing the Free Software Foundation), listing Microsoft as part of "open source" and using this as reason to accept "intellectual property" like software patents (when it comes to "open source", Microsoft is constantly changing what these terms mean using "promises" that it adds to software patents). To quote one portion of it:

In this future the notion of intellectual property will still exist, as will software patents (unfortunately). In this future, any software or services company, of any size, whether local or global has the opportunity to participate in the FOSS realm.


We must not accept software patents as they are incompatible with Free/open source software. The author is also using the term "intellectual property" rather than "copyright" and "patent", which are separate and very different things. Free software relies heavily upon copyrights, but patents are antithetical to it. The use of the term "intellectual property" can also be found in this new post from OSS Watch. It's part of the degradation we see among "open source" supporters, who turn it into another monster and encourage more of ZDNet's typical FUD, which is debunked by The Source.

If anything, ”Open Source” is moving beyond “sexy” right into “required label”.


That label too is losing its uniqueness. The meaning changes and the OSI ought to fix this by intevening.

Recent Techrights' Posts

Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
 
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026