08.20.15

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Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

Posted in Australia, Deception, Law, Patents at 8:22 am by Dr. Roy Schestowitz

More protectionism for more large companies, even those coming from outside of New Zealand

John Key

Summary: Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country’s dairy industry

THE DEBATE about software patents in New Zealand is very important because it set the tone for similar debates in Europe and Anglo-Saxon-dominated countries such as Australia and Canada. It usually revolves around lobbying from US giants against local companies in New Zealand. The lobbying is done through law firms and front groups, but sometimes it’s done more directly (risking backlash and brand erosion for the likes of Microsoft and IBM).

The fight is back in a big way and there are many articles in the local media, as well as the international media. The Institute of IT Professionals has just had the corporate media in New Zealand lobbying for TPP, as expected, despite it being an evil secretive deal, enabling more systemic looting by the world’s super-rich. Some myths and classic nonsense get propagated, but there is also criticism of the secrecy, for instance: “Despite some of the potentially positive matters outlined below, we still hold concerns about the detail – or rather, lack of it. As the negotiations are being held in private, the actual wording being negotiated is restricted to negotiators and other government officials only. This means we and others can’t undertake independent analysis of the impact of what is being agreed until negotiations are complete.”

Rob O’Neill, who has used his role at the CBS-owned ZDNet to fight back against software patents in his country, now explains “​How New Zealand’s software patent ban can survive the TPP”.

“Officials give assurances there will be no changes to software patents, ISP liability and parallel importation,” he wrote the other day. Does he really trust these officials given their terrible track record on other secrets? Remember how John Key repeatedly lied about surveillance. It was only when leaks came out (undoing the secrecy) that he had to respond like an angry brat, shooting the messengers rather than admit that he had lied.

It may sometimes seem like the corporate press helps raise scrutiny rather than help the corporations that own the media. Despite that, on the very same day IDG hosted (at ComputerWorld) a notable lobbyist these days for software patents (Martin Goetz). He is now treated as a guest author in this nonsensical piece denying the existence of patents on software, even if he’s just reposting there (plus some “NZ” added) what he very recently wrote for lobbyists of software patents in IP Watchdog (patent lawyers with an exceptionally big mouth). How dumb does he think the readers are?

The people who want software patents in New Zealand are basically blackmailing for changed laws, using sanctions in reverse. As Clare Curran (MP) put it the other day, “Will Groser trade NZ innovation 4 dairy? Software sector raises concern over patents 2 secure access 4 dairy products”

See this Australian article which supports what she wrote and take note of this article from New Zealand:

While not unanimous, there is strong consensus from the industry against software patents. “In a 2013 poll of over 1,000 New Zealand IT Professionals across the sector, around 94% of those with a view wanted to see software patents gone,” Taylor says.

“Following significant work by IITP and others, the Government agreed and modified the Patents Act to protect New Zealand technology firms from software patents in their home market.”

“The patent system doesn’t work for software. Research shows it’s near impossible for software to be developed without breaching some of the hundreds of thousands of software patents awarded around the world, often for ‘obvious’ work.

The government is of course lying and misrepresenting the opposition. It just wants this deal sealed and done for the plutocrats, some of whom are not even based in New Zealand at all. As one author put it the other day, alluding to Groser: “The government is also running the line that those same hard core anti-TPP protesters have opposed every single trade deal that New Zealand has entered. This is willfully deceptive in that it assumes the TPP is a free trade deal – when in reality, several of its most noxious provisions are anti-trade in that they entrench existing corporate advantage.

“Also, regular protest is necessary because successive “trade” pacts have included the same objectionable elements for well over 20 years. Almost identical investor-state dispute settlement mechanisms (which enable corporations to sue sovereign governments when they pass laws that infringe on profit expectations) have cropped up in mooted trade deals ever since the MAI (Multilateral Agreement on Trade) proposals in the 1990s. Eventually, the MAI was defeated by a mass mobilization around the world very similar to the anti-TPP protests today. It can be done.”

New Zealand is under attack. It’s not just affecting software professionals but also countries outside of New Zealand, which is why we hope that citizens of New Zealand will get involved and help crush TPP. The assurances given by government officials are just lies and a shallow form of deception whose purpose it to sell the deal. Once it’s signed there’s no going back.

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