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

Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026