Bonum Certa Men Certa

New Zealand and Europe Should Both Actively Fight Against Software Patents

Kiwi



Summary: The lobby for software patents is very much alive in New Zealand and Europe

WHEN it comes to software patents, the situation in Europe is similar to the problems encountered in New Zealand ("embedded" trick which is back to the headlines), caused in part by lobby/front group NZICT. It lobbies for the interests which are opposite to New Zealand's by trying to encourage acceptance of software monopolies, mostly those from the United States. This lobby group is preparing a webinar, sponsored by the likes of Microsoft and IBM (which sponsor NZICT). To quote:



NZICT is gearing up to host a free webinar on February 15th over the revision of software patents and IPONZ’s guidelines.

In March last year, the Commerce Committee recommended that computer programs should not be a patentable invention.


Citizens of New Zealand ought to challenge these events whose purpose is to stage a tilted debate in hope of subverting the country's patent law, primarily by influencing IPONZ (Intellectual Property Office of New Zealand). They should learn from the trouble in Europe. "EU study advocates criminalisation of patent infringements," writes the FFII today, "[b]ut the EU study fails to prove IP criminal measures are essential" (the companies want a deterrent as such).

The FFII adds: "Would we like to see Steve Jobs behind bars? Or Doctors Without Borders?" Watch this summary about the EU plot as of late:

A study commissioned by the European Commission advocates the abolition of the national prosecutor’s discretion whether to prosecute and how to charge the defendant. It also argues in favor of a European criminal court and for the criminalisation of patent infringements. This is the study that paves the way, or should have paved the way, for EU intellectual property criminal measures. We observe that the study fails to prove EU criminal measures aimed at ensuring the enforcement of intellectual property rights are needed. Incidentally, this also indicates that the EU is not competent to ratify the Anti-Counterfeiting Trade Agreement’s criminal measures. Futhermore, criminalisation of patent infringements is a very bad idea. In the software sector, there are so many patents, infringement is often unavoidable. It may also endanger access to life saving generic medicine.


Glyn Moody calls it the "criminalisation of patent infringements," which he in turn labels "insane".

A patent attorney from Europe reveals more odd behaviour from the EPO. It's in his blog post whose pointers appear to have been broken. Well, maybe the EPO had a change of heart, who knows?

Today, the European Patent Office (EPO) has made available (@EPOorg on Twitter) a second edition of An overview of the national patent litigation systems in Europe available for download on-line. The text provides an overview of the national patent litigation systems across the European Patent Organisation's 38 Contracting States and presents an at-a-glance description of the different national revocation, nullity and infringement procedures currently in place. The competent courts dealing with these matters at first instance and appeal are also depicted.


Another European lawyer, Carlo Piana, says one should "[r]ead (pdf) http://ur1.ca/35e4f if you still think that #swpats [software patents] promote innovation."

With news that WebSafety "today announced that it now supports two new Android tablets for the company's patent-pending software application," it has become rather clear that the United States chooses to put software patents even in Linux-powered platforms. This leads to incompatibilities of all sorts and JDA reports "records in Q4", reached in part using "trial against Oracle over software patents". From the news:

JDA ended the quarter and the year with $171.6 million in cash, which it is clearly going to need more of if this ruling in the Texas courts regarding Dillard's sticks. JDA boosted its reserve for this judgment from $5 million to $19 million, reflecting what it now thinks the likely settlement to be based on preliminary mediation talks with the store chain. The trial against Oracle over software patents starts in March. JDA expects both cases to burn about $10 million in 2011.


Welcome to Texas, where patent trolls roam. In relation to the i4i case, Red Hat sent filings in support of abolishing such American patents and here comes another statement from the company:

Red Hat, Inc., a provider of open source solutions, continued its efforts to improve the U.S. patent system and to challenge poor quality software patents.

Red Hat joined a group of companies in an amicus brief to the Supreme Court which explained that the burden of proof applied to invalidate patents impedes innovation and should be changed.


Software patents threaten Red Hat's business, which is mostly based in the United States where software patent foster a large community of patent trolls. Europe and New Zealand should avoid descending upon the same chasm. ⬆

Recent Techrights' Posts

IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day