Bonum Certa Men Certa

Lawyers Love Software Patents, Developers Do Not

The worship of Mammon



Summary: The latest examples of lawyers lobbying for software patents and the latest updates about the Bilski case

IT has been almost a month since we last addressed the situation of software patents in New Zealand. As we showed several times before, lawyers from New Zealand are very consistently promoting software patents over there, as opposed to developers (with the exception of multinationals like Microsoft).



We are still seeing the same trend this week. Guy Burgess, who describes himself as "a lawyer with an IT background practising in New Zealand," has just published this article without disclosing his stake in the matter. The headline is revealing: "Protecting IP in a post-patent environment" (the word "IP" as a substitute for "patents" and "protect" instead of "monopolise" or "block" is what solicitors often do).



Recently the Government announced its intention to adopt a select committee’s recommendation to “exclude software from patentability” – that is, to ban software patents. Where will the ban — if implemented — leave local software developers’ ability to protect their intellectual property?

How will the removal of software from patentability, if confirmed, affect the ability of local IT firms to protect the intellectual property in their software?


Patent WatchTroll, a crass lawyer and loud proponent of software patents, is waiting for the Bilski decision. He wishes to patent software not because he develops any but because he is greedy and like many other lawyers he makes money when people patent their software or sue someone else who develops software.

The question we need to ask ourselves is, who is this system for? Do we want a patent system that defends lawyers' income? Or is it better to assume that the patent system exists to encourage science and technology (as it existed before leeches arrives at the scene)?

The FSF, which represents developers rather than lawyers (the latter have all sorts of guilds), has sponsored a film which was watched over 100,000 times. It continues to receive a lot of attention, but whose attention exactly?

In the month since its release, the Free Software Foundation funded documentary film about software patents and the Bilski case, Patent Absurdity, has been viewed more than 100,000 times. But are the people we most want to influence in the debate seeing it?

The End Software Patents campaign is looking to identify the 200 people who are most influential to the software patent debate in the US, and are working with the well known venture capitalist and anti-software patent blogger Brad Feld to send a copy of the documentary film to them in the postal mail.

End Software Patents director, Ciaran O'Riordan said, "We’re looking for the key people in US patent politics, the software patent critics inside the big companies, the professors who support patents but might see why software doesn’t fit that system, and anyone else that might consider giving our position some support when the post-Bilski debate erupts."


There are some uncounted views in places such as film festivals. Here is another example:

FDL Movie Night: Patent Absurdity – How Software Patents Broke the System



[...]

Patent Absurdity takes a look at software patents, and makes what may seem to some to be radical points: That patenting software hurts innovation and harms inventors and consumers


Mike Melanson writes about Brad Feld's plan to mail this video to influential people (post sponsored by Microsoft, ironically enough).

If you have been working in the startup industry, then you may already be well aware of what venture capitalist Brad Feld calls "a massive tax on and retardant of innovation" - software patent litigation.

In his blog post this morning, Feld points to the circular court battles of companies like Apple, Nokia and HTC and the "ridiculous nature of software patents" as reason enough for all members of the startup community to take an interest in this topic.


Forbes has this to say about In Re Bilski (software is hardly mentioned):

As the Supreme Court issues its last decisions before the end of the spring session, intellectual-property lawyers have been asking: Where's Bilski?

This is the case that may deliver a knockout blow to business method patents, those patents that everybody from free-software zealots to conservative Republicans love to hate. Inventors Bernard Bilski and Rand Warsaw wanted to patent a novel method for hedging against weather-driven changes in energy prices, but the U.S. Patent and Trademark Office wouldn't even give them a hearing. The Supreme Court is expected to uphold that brush-off, and the big question is whether it will do so in a way that eliminates forever dubious patents like the infamous government monopoly Amazon.com obtained on one-click purchases.


Daily Finance says:

Legal Briefing: When Can You Patent Math? Supreme Court Must Decide



[...]

One of the most eagerly watched cases pending before the Supreme Court is Bilski v. Kappos, which will shape the scope of patent law in profound ways. Bernard Bilski and Rand Warsaw created and sought to patent a way of using complex math to hedge against demand-driven commodity price risk -- for example, helping a school system cope with heating oil prices spiking because an extra cold winter creates unusually high demand, or helping a fuel dealer handle the opposite situation. The Bilski/Warsaw idea is a "method of doing business by evening out risk among those in an ongoing economic transaction," as SCOTUSblog put it.


Subscription is needed to access some other articles on this important subject [1, 2] that may define the legality of Free software in the United States and Europe. Lawyers' sites have a special affinity for paywall (or "pay firewalls" that shut out opposition to their echo chamber).

The final decision is imminent. Let's hope that Bilski's patent is nullified along with software patents (although the latter may be open to doubt/debate, depending on one's judgment).

How far should we let patents go? From the news:

Synthetic life patents 'damaging'



A top UK scientist who helped sequence the human genome has said efforts to patent the first synthetic life form would give its creator a monopoly on a range of genetic engineering.

Professor John Sulston said it would inhibit important research.

US-based Dr Craig Venter led the artificial life form research, details of which were published last week.


Some people want patents on clothing (watch out, knitters). It's an endless trap which requires economic analysis. Economists say that the harms of software patents outweigh the perceived benefits, but that's not the story lawyers would tell. They hardly belong in this debate due to vested/conflict of interests where betterment of science gets excluded. ⬆

Recent Techrights' Posts

EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
 
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026