Bonum Certa Men Certa

While New Zealand (NZ) Stomps on Software Patents High US Court Helps Legitimise Them, Again

Corporations-run nation cannot listen to the wisdom of citizens-run nation

Statue of wisdom



Summary: In disappointing news from CAFC, which helped make software patents the monster they have become in the United States (and only in the United States, deviating from much of the world), there is further legitimisation of this root problem, whereas NZ does the very opposite

WHETHER software patents in New Zealand have officially been destroyed may definitely be a subject of active debate (we wrote about it twice already), but de-legitimisation of software patents is certainly achieved and the NZ press still plays along [1, 2, 3], making software patents look very bad. Patent lawyers are hardly quoted in NZ articles and multinational corporations like IBM and Microsoft seem to have fled from the scene, having lobbied heavily to legitimise software patents in NZ (unbelievable overreach not just by corporations but by foreign corporations). As Alan Lord put it the other day, "Sanity in #NewZealand. Gov says NO to #swpats [software patents] ... When is the USA going to wake up and smell the coffee?"



"Patent lawyers are hardly quoted in NZ articles and multinational corporations like IBM and Microsoft seem to have fled from the scene, having lobbied heavily to legitimise software patents in NZ (unbelievable overreach not just by corporations but by foreign corporations)."The rude patent boosting site (patent lawyers) say "New Zealand has not abolished software patents", but this is more spin than truth. Being IAM 'magazine', they always try to discredit software patents-hostile sources and instead push the pro-software patents line.

Meanwhile, teaches us Reuters in some breaking news (overnight), the United States has done nothing like NZ, in spite of having another opportunity. The headline says that the "U.S. appeals court issues divided ruling in software patent case" and the opening paragraph names the Australian company Alice Corp: "A federal appeals court on Friday ruled that Australia's Alice Corp does not hold valid patents on a computerized trading platform, but it remained unclear how the decision would affect other software patents.

"The software industry had been watching the case for a clue to legal protection of intellectual property rights that generate much of the sector's profits. But the U.S. Federal Circuit Court of Appeals failed to reach a consensus on how to determine what software is patentable."

As TechDirt put it, "10 Judges, 135 Pages Of Ruling About Software Patents... And Zero Clarification". It says that CAFC "has quite the reputation for mucking up rulings concerning patents over the years. In fact, there's a strong argument to be made that CAFC is a key reason that our patent system is so screwed up today. So, leave it to CAFC to issue one of the most bizarre and useless rulings ever concerning software patents. The specific case is CLS Bank v. Alice Corp, and we had noted this was a chance for CAFC to actually fix the software patents problem, though the oral hearings suggested a very conflicted court, and that's certainly what came out in the ruling. Or, rather, I should say: rulings."

"There are seven (count 'em) different opinions issued in the document," the site says, "none of them meaning anything, because none of them -- other than that one paragraph above, have more than the majority in agreement."

Masnick notes that "basically, all of this means nothing. It doesn't help to wipe out or clarify software patents at all. It doesn't really help anyone. It probably doesn't make anyone on any side of this issue happy. It just leads to more confusion.

"However, as Julie Samuels at the EFF notes, hopefully this will help make it clear to the Supreme Court that it finally needs to issue a clear ruling on software patents, after completely punting the last time it had a chance."

"We wrote about CAFC before and we also wrote about SCOTUS, noting its role in perpetuating software patents in the US. Both rule favourably towards software patents, perhaps due to influence from large corporations."Julie Samuels says "It's Time [for SCOTUS] to Take Up Software Patents (Again)"

We wrote about CAFC before and we also wrote about SCOTUS, noting its role in perpetuating software patents in the US. Both rule favourably towards software patents, perhaps due to influence from large corporations. Just look who the administration appoints to run the patent system and the courts.

Surprisingly (or not), it was a law professor who actually said the ruling was favourable to weakening of software patents. This contradicts somewhat other reports we can locate at this stage (this is fresh news).

Recent Techrights' Posts

Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October