Bonum Certa Men Certa

As the Battle to Legitimise Software Patents in New Zealand and Europe Carries on, New Systemic Corruption Found

French politics
Image by Alain Fontaine



Summary: A roundup of stories from battlegrounds for software patents "as such"

Over the years we wrote quite a lot (relative to the size of the nation) about software patents in New Zealand, where patent lawyers have been fighting/waging their PR war against software developers; local lawyers fought alongside companies like IBM and Microsoft with their lobbyists (other lawyers). Some firm called "Shelston IP" continues this PR war (warping public perception) in Lexology by advancing the pro-software patents stance. To quote:



In? Out? Either way, talk of software patents has dominated discussion of the New Zealand Patents Bill for several years, causing unfortunate delay for a much needed update to New Zealand patent law. However, resolution may be on the horizon. Following fierce lobbying by many in the New Zealand IT sector, the Government has announced a new proposed amendment to the Bill, hailed by some as an effective end to software patents in New Zealand. The reality? Unsurprisingly perhaps, much less clear cut.

[...]

n the latest development, the Government has proposed a new replacement provision, which keeps a prohibition on patents for computer programs “as such”, but includes two further clarifying principles. Firstly, a claim in a patent (or application) relates to a computer program as such, if the actual contribution made by the alleged invention lies solely in it being a computer program. Secondly, a series of factors are set out, which must be taken into account in identifying the actual contribution made by the alleged invention. Therefore it is the nature of the “actual contribution” which the invention makes to the existing art which will be the touchstone for determining patentability. If such contribution arises solely from a computer program, it will not be patentable. If the contribution is judged to arise from another aspect of the invention, it will be patentable.

[...]

At a commercial level, the decision to take a significantly narrower path in New Zealand than in Australia, may have real implications for New Zealand software developers who find that software which does not infringe any New Zealand patents, may infringe Australian patents when marketed there. We may also find that over time, the much debated question of whether software patents stifle or encourage innovation, is answered by a geographical shift in the Australasian industry, one way or the other.


Factually (barring omissions) there is something to it, but it is biased for being too selective. The reality is, software patents were explicitly demoted in this island this year [1, 2, 3].

Microsoft-friendly companies like Centrify can carry on boasting their Microsoft-taxed products (Active Directory patents) and try to sell them in places where software patents are not legitimate, hoping the public will not recognise the injustice. This a FRAND-type loophole. See the TomTom case involving FAT patents in Europe, where the "as such" loophole still exists (albeit under fire). European patents may use FAT patent legitimisation in Germany (where some silly politicians still do their thing this week) although it is now a dubious patent.

Over in Germany right now, Jimmy Schulz is doing fine work to extinguish software patents and the FSFE has this update in English:

Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament's decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. "Germany now has to implement this decision in law, to send a strong signal towards Brussels," says Johannes Sommer of BIKT, one of the associations.

At an expert meeting in the Parliament on 13th May, in which FSFE also participated, industry associations BIKT and BITMi proposed changes to German copyright and patent law. These proposals would also affect software patents which have already been granted. The first proposal is to add a "protective shield" clause to German copyright law , introducing a blanket ban on the enforcement of patent claims with regard to software. The second proposal to be implemented in German patent law makes sure that the effect of patent claims shall not extend to works protected independently by copyright. Both proposals would prevent that patents on software can be enforced against software developers. The FSFE supports both proposals.


"Matthias Kirschner, of the free software federation said the move is an important step to fix the software patent insanity,"says one news site. Thom Holwerda covered that as well.

Recently, one route to legitimising software patents has been the unitary patent. Spain was blackmailed for the unitary patent and there was a lot of apparent corruption in the attempt to ruin policy against software patents in Europe

According to this curious update, the swindle goes round:

Action brought by Spain against the Regulation on the unitary patent calls the judiciary character of the Boards of Appeal of the EPO into question.


My letter to them hardly made a difference.

Based on this link from Gérald Sédrati-Dinet (April, source), the "#CJEU interpreting UPC shows that #EU has exclusive competence over #UPC (unitary patent court) which is then illegal"

There are other conflicts [FR, EN] revealing entryism of sorts. To quote, "don't forget: presented by a senator @SenateurRYung who was a former director at EPO" (the EPO is corruptible).

Richard Yung is one of the politicians who come from the patent system, then doing the lobbying (we covered other examples. As put here, "to be sure, Senator Young is a former director of EPO"

“I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead”
      --Benjamin Henrion
Dan Gillmor incorrectly says here in The Guardian that software patents are in a state that they're not in. He is corrected with the statement: "Europe is unfortunately far away from excluding Software Patents" (just not endorsing them). The FFII's president, Benjamin Henrion, says: "I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead #backdoor"

When even companies that pretend to like FOSS are collecting software patents we remain stuck between large American corporations that spy on us and gain monopolies on algorithms. It is a sad state of affairs, but that's just where we are.

Recent Techrights' Posts

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
 
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026