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

05.10.13

New Zealand Bill Which Denounces Software Patents Still Permits Them, Just the Beginning of a Solution But Not the End

Posted in Patents at 11:22 am by Dr. Roy Schestowitz

New Zealand’s geographical landscape still far better than its patent landscape

New Zealand landscape

Summary: Reservations against excessive optimism that lead to passiveness and apathy; a loophole for software patenting in NZ (same as in EU) remains in tact and the Bill is not yet passed, leaving time for further amendments

The debate over software patents in New Zealand will not be finished by a Craig Foss admission that has was wrong. For one thing, the new Bill has not been signed yet; moreover, loopholes remain for patenting software in the island. One report sarcastically says that NZ had to ban software patents twice, not just once. To quote: “The software patentability row in New Zealand, which broke out last August over the wording of new patent legislation, seems to have been settled with the release of new legislation by the government.

“For one thing, the new Bill has not been signed yet; moreover, loopholes remain for patenting software in the island.”“In a move that’s been welcomed locally by the IT industry, the government has clarified the original intention of the legislation, that software alone should not be patentable.”

This other report gives not the full story, but being Forbes, we don’t have high expectations to begin with. It says: “In a bill passed earlier today, the Government of New Zealand announced that software in the country will no longer be patentable. New Zealand’s largest IT representative body, the Institute of IT Professionals, expressed relief and said the decision removed a major barrier to software-led innovation.”

Here is the Supplementary Order Paper, which InternetNZ welcomes. To quote: “InternetNZ (Internet New Zealand Inc) welcomes today’s tabling of a Supplementary Order Paper (SOP) that makes it clear that computer software is not patentable in New Zealand.”

This is tabled, not passed. Moreover, explains Glyn Moody, the "as such" loophole remains and to use his own words: “Given all the problems with the phrase “as such”, it would have been easier to omit it completely, rather than resort to well-meaning but necessarily limited attempts to clarify it through examples.”

Here is IDG’s report and another from a local competitor with no US ties. There are many reports which emphasise the bill has not passed yet (the corporate press got it wrong). Here is a particulary good report from a very bright reporter.

Is the US next? Unlikely, not any time soon! The USPTO still enjoys the consent from large corporations that run the nation, so trolls (small entities) are the only element primed for abolition. But a group of VCs, including Brad Feld, is still working on real reform — a reform which tar gets software patents. To quote Feld: “Fred Wilson, Brad Burnham, Jason Mendelson, and I have been talking about the problem of software patents for a long time and Fred brought it up again today on his blog in a post titled Piecemeal Patent Reform. It’s nice to see Senator Chuck Schumer proposing a simple yet powerful solution to part of the software patent problem.”

Schumer, whom we mentioned the other day, is one of the few who actually do this correctly this time around (not like his last time [1, 2], this time he is not running just after trolls). Let’s support his endeavour.

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. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  2. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  3. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  4. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  5. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  6. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  7. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  8. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  9. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  10. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  11. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  12. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  13. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  14. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  15. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  16. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  17. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  18. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  19. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  20. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  21. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  22. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  23. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  24. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users



  25. Links 13/11/2014: Ubuntu MATE 14.04.1 LTS, New KDE Plasma

    Links for the day



  26. .NET is NOT "Open Source", But Microsoft's Minions Shamelessly Openwash It Right Now

    The openwashing of .NET continues with yet another publicity stunt that is intended to lock in developers



  27. Links 11/11/2014: GNOME Trademark Dispute Settled, Mozilla Embraces Tor

    Links for the day



  28. Patent Reform Subversion After Republican (GOP) 'Win' in US Senate

    The Grand Corporations Party, or the political party which serves large businesses that are funding it, continues to just focus on a mirage of a 'reform' rather than tackle the real issues where culprits include very large businesses such as Microsoft and Apple



  29. Microsoft-Armed Patent Troll MOSAID (Now Conversant) Wants to Sweep up More Patents for Litigation

    Reports about patent trolls and scope of patents serve to show what the foes of Free software are up to right now



  30. When Courts in the US Attack the Right to Reuse APIs

    Challenging the clueless ruling from the Court of Appeals for the Federal Circuit in the United States (very pro-software patents and anti-computer science), notable programmers write to the highest court


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