Bonum Certa Men Certa

Deutschlandfunk, Deutschlandradio, and the Nation of New Zealand Show the Way Regarding Software Patentability

New Zealand Parliament buildings



Summary: More radio stations and also an entire developed nation turn their back on software patents

WE finally have some good news about software patents. We'll begin with the more minor item: The FFII formally congratulates several radio stations from Germany and Austria on their decision to embrace Ogg, obviously at the expense of patent-encumbered formats (MPEG cartel) that many other stations use exclusively.



On today's "Document Freedom Day" the German radio stations Deutschlandfunk, Deutschlandradio Kultur and Austrian Radio Orange were lauded for their usage of the open Ogg Vorbis format for live streaming.

In Berlin staff members of Deutschlandradio received an award certificate and a big cake with the slogan "rOgg on!". The certificate was awarded by the Foundation for a Free Information Infrastructure (FFII) together with the Free Software Foundation Europe (FSFE).

[...]

Often licensing fees for patented formats are not levied until everyone depends on these formats. Only after the GIF graphics format was widely spread, in 1994 the patent holder Unisys demanded royalties. Only after MP3 became popular, in 1998 Fraunhofer Research and Thomson demanded licensing fees for its audio format covered by over a dozen patents. Free open source implementations of these formats are systematically barred from the market. The way out of the "lock-in", the patent trap, are open formats such as Ogg Vorbis.

Vigilance remains necessary. For example, the video compression format H.264 is in widespread use today. It is included in mobile devices and smartphone as well as many video platforms on the Internet. But the format is encumbered by over 1000 patents, managed by a consortium of about 25 corporations. Various companies have announced to use this H.264 format for the video functions in HTML5.


Down in the southern hemisphere, the news about New Zealand rejecting software patents continues to be validated. We wrote about this subject before [1, 2, 3] and Nat Torkington says that "New Zealand Government select committee recommends no software patents in NZ."

The End Software Patents Web site gives credit to more local people and organisations that deserve it.

Substantial credit is due to the people in NZ that submitted letters making the case against software patents:

* Egressive Limited * The New Zealand Open Source Society * InternetNZ * Guy Burgess


Mike Masnick talks about a hopeful relation to the situation in the United States.

New Zealand Politicians Want To Explicitly Outlaw Software Patents



[...]

As we wait for the Bilski ruling in the US (which my gut feeling tells me will have the Supreme Court totally punt on the issue of software patents), it seems like politicians down in New Zealand have figured out that software patents are a real problem.


"New Zealand legislators want to outlaw software patents," says another report.

As part of an effort to update patent law, New Zealand legislators have proposed a bill which would make it impossible to patent software. If it becomes law it would no doubt cause friction with US ACTA negotiators, who are pushing to make software patents standard internationally.

Currently they are recognized in just a few countries, including the US and Japan.


Yes, very few countries actually fell into the software patents trap. It's borderline in China and Australia as it may not be an official policy; Microsoft fights for software patents in India, Mexico, and other places including Europe of course. So far, it only exploits loopholes as it files patents but does not have them tested in court.

Other news coverage on the subject includes:

1. Select Committee Reports On New Patents Bill In New Zealand

2. New Zealand Legislators Say Software should be Inpatentable

New Zealand legislators have proposed a bill which would make it impossible to patent software. The bill, which is going through the process for patent reform, clearly indicates that software should not be patentable.

If this bill becomes a law, then it will create friction with US ACTA negotiators, who about to make software patents standard internationally.


3. New Zealand patent reform bill says no to software patents

New Zealand's parliament is preparing to vote on a major patent reform bill that will tighten the country's standards of patentability. One of the most significant changes in the proposed bill is a specific patentability exclusion for software. If the bill receives parliamentary approval in its current form, it will broadly eliminate conventional software patents in New Zealand.

The bill was drafted by the Select Commerce Committee, which decided to include the exclusion after reviewing feedback from the software industry. The bill's official summary acknowledges that software patents are detrimental to the open source software development model and have the potential to seriously stifle innovation.


TechDirt has just posted another explanation of what software patents are about.

It's always fun talking to big time patent system supporters, because it's easy to predict their arguments. After you point out all of the evidence that has shown absolutely no proof that patents increase innovation, the supporters always shift from "patents are necessary for innovation" to "patents are really about disclosure." The argument here is that part of the "bargain" for getting a government granted monopoly over your invention is that you have to describe the invention, so that those who are skilled in the art can replicate it from your description. Of course, as patent attorneys and software engineers admit, that's a myth. Patents are written these days to be incredibly broad, and really only understandable to other patent attorneys, rather than other engineers.


Masnick, the author, correctly points out the lack of "proof that patents increase innovation"; should Neelie Kroes be paying attention to non-lobbyists or the monopolists that fund them?

Recent Techrights' Posts

Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
 
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day