EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.09.13

New Zealand (NZ) Commerce Minister Craig Foss Flip-Flops on Software Patents After Public Backlash

Posted in Patents at 3:18 am by Dr. Roy Schestowitz

Craig Foss
Image source: Foss forced to front over Novopay fiasco

Summary: New Zealand (NZ) is back to no-software patents policy following Craig’s admission that he was acting against the interests of NZ citizens

ON NUMEROUS occasions in the past Techrights chastised Craig Foss [1, 2, 3, 4] for advancing software patents in New Zealand. Based on this morning’s report from the New Zealand Herald, “The Government has announced a change to planned new patent rules today which has put an end to fears that computer software might be covered by new patent protection.”

To quote further: “Industry sources have welcomed the decision and the Labour Party has called it “a humiliating back down”.”

“A lot of the lobbying for software patents in NZ actually came from US companies (multinationals), some of which, like IBM, have immense influence over the USPTO.”“Commerce Minister Craig Foss has released a supplementary order paper to clarify issues around the patentability of computer programmes in the Patents Bill.”

“”These changes ensure the Bill is consistent with the intention of the Commerce Select Committee recommendation that computer programs should not be patentable,” Foss said.

“The Patents Bill is designed to replace the Patents Act 1953 and update the New Zealand patent regime.

“The Commerce Select Committee recommended in 2010 that software should not be patentable, which led to lobbying from patent lawyers and others.

“Foss then released a supplementary order paper (SOP) which changed some wording in the bill and caused industry concern that he might be reversing his decision.”

Good news for a change. “New Zealand’s largest IT representative body,” says the article, “the Institute of IT Professionals, expressed relief and said a major barrier to software-led innovation had been removed.”

Paul Matthews, the chief executive of this organisation, says that (to paraphrase) “it was in New Zealand’s best interests for software to continue to be covered through the provisions of copyright – “a far more appropriate mechanism” – in the same way movies and books were… A petition launched by the industry against software patents received over 1,000 signatures in under a week…”

Over in the United States, the debate has been warped from discussing software patentability to discussing patent trolls, or “software patent trolls” as they should be more properly called.

In the US, unlike in NZ, the corporations run the government, whereas people have little power unless they run corporations. That’s why the USPTO has almost no chance of reforming like IPONZ [1, 2]. A lot of the lobbying for software patents in NZ actually came from US companies (multinationals), some of which, like IBM, have immense influence over the USPTO. We have covered many examples of this lobbying over the years.

“It’s certainly a lot more likely that Microsoft violates patents than Linux does [...] Basic operating system theory was pretty much done by the end of the 1960s. IBM probably owned thousands of really ‘fundamental’ patents [...] The fundamental stuff was done about half a century ago and has long, long since lost any patent protection.”

Linus Torvalds, 2007

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  2. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  3. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  4. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  5. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  6. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  7. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  8. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  9. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  10. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  11. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  12. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  13. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments



  14. Links 17/9/2014: CoreOS, ChromeOS, and systemd

    Links for the day



  15. Italy is Cracking Down on Microsoft's Monopoly Abuse While Gradually Moving to GNU/Linux

    Italy is not only moving to Free/Open Source software but also to GNU/Linux while at the same time barring Microsoft from forcibly tying Windows to new PCs



  16. OpenSUSE's 'Assurances' Are Classic MBA School Hogwash

    OpenSUSE is not part of any commitment, except for SUSE's; the impact of the Novell/SUSE acquisition casts uncertainty on the project's future



  17. Links 16/9/2014: Firefox OS Smartphones in Bangladesh, “Treasure Map” of the Internet

    Links for the day



  18. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism



  19. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  20. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  21. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  22. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  23. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  24. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  25. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  26. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  27. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  28. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  29. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  30. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts