Bonum Certa Men Certa

Patents Providing Protectionism, Not Beneficial Protection

More patents, decreased liberty

Statue of liberty



Summary: In these special days in which independence is celebrated, we emphasise the relevance of patent monopolies when it comes to the small and oppressed

LONG weekend in the States (Independence Day) cannot provide an escape from bad laws, which continue to make citizens of the US dependent on corporations with monopolies at the USPTO (respected by the government but less so by voters, who are constantly bombarded by brainwash about patent 'protection' and promises of "innovation"). TechCrunch deserves some credit for being sceptical of software patents, despite being based in the US and now being owned by America Online. In this new article it has the following to say about patents, spoiling a lot of the previous opinion pieces by implying a correlation between patents and innovation where patents have mostly been used for trade barriers from the West (keeping the East back and away from Western knowledge). It says:



The central question of our time is whether this will be China’s century or India’s. (Assuming that the notion of nation-states survives, which seems likely, there aren’t really any other contenders; China and India contain nearly half of humanity, and both are well on their way to economic superpower.) I admit that right now it might not seem much of a contest. China is more populous, already a decade ahead of India in terms of economic development, growing faster, and—measured by patents—far more innovative. In China, achievements are accomplished at the behest of the government; in India, things somehow manage to get done despite the government.


China has mostly ignored some copyrights from the West, at least when it comes to enforcement. This is changing. Also, as we started explaining some years ago, the attitude towards patents over there is changing and China can conceivably threaten the West with its homegrown patents one day. It is all just a matter of whose patents these are and the whole game is just a matter of mutually-assured destruction. A large country like China, where the number of Internet users already exceeds that of the States, building a mountain of patents might make sense. It helps eliminate the USPTO deterrence , just like the USSR in the days of the Cold War. For small countries -- just like small companies -- patents make no sense because they can easily be crushed by the large companies/countries.

Understandably, in the small nation of New Zealand, there is a strong fight from NZ business to repel and turn away software patents. NZOSS (our heroes) makes a statement to rebut the propaganda from companies like Intel and Microsoft: [via Glyn Moody]

The Ministry of Economic Development has published the submissions in relation to the draft guidelines on for the Examination of Patent Applications Involving Computer Programs discussion document. The call for submissions was clear that this was not an opportunity to revisit the decision to exclude software patents, saying “"In releasing the draft guidelines for comment, it is not intended to re-open the debate regarding the patentability of computer programs, or whether an amendment should be made to clause 15(3A). This consultation exercise is intended to ensure that IPONZ gives proper effect to the provisions of the legislation, taking into account of the intentions of the Commerce Select Committee, in a manner that is likely to find support from a New Zealand court."

There were in excess of thirty submissions, primarily by the legal community, including patent lawyers and legal societies. There were also a few manufacturers and international business lobby groups. While the majority of these submissions were critical of the proposed exclusion of software what was notable by it's absence was a single submission by a New Zealand owned commercial software development company.

By far the largest number of submissions were received from patent lawyers who may see the exclusion hurt their practises. An exclusion of software patents would in a single stroke eliminate the risk of patent infringement for New Zealand software development companies. It is understandable that those earning a living from patent litigation would be opposed. While it may be understandable it is not desirable to follow a path leading to increased litigation like experienced in the United States.


Here is a new article which puts this problem in perspective by stating:

The wireless industry has experienced a wave of legal patent battles in recent years as long-established incumbents try to protect their position against newcomers.


Sadly, this article quotes a lobbyist as though he is an independent voice without clients. It's tilted against Linux to an extent because companies other than Google are also affected. In this case, Microsoft for example wants to use patents to extort Android because Windows Phone 7 gets no more than 1 in a hundred sales, which is laughable (in its home country, too). To quote:

SOFTWARE DEVELOPER Microsoft has managed to get just one per cent of the US smartphone market in the quarter ended May 2011 with its Windows Phone 7 (WP7) operating system.

Nielsen has published its US smartphone sales figures that show Apple's IOS continues to grow, Google's Android, albeit having an overall market share lead, remaining stagnant, and Microsoft's WP7 operating system managing just one per cent of handset sales. Microsoft's dead Windows Mobile operating system still has nine per cent market share, however that is unlikely to comfort Microsoft as it wants consumers to move to WP7.


Nowadays, Microsoft is busy trying to tax those who do sell phones. How can software patents be defended in light of this? It takes a paid lobbyist to defend this.

Comments

Recent Techrights' Posts

Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
 
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
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