Bonum Certa Men Certa

New Zealand's Software Industry Under Attack by the 'Patent Leeches'

Anand Satyanand
New Zealand's Governor-General Anand Satyanand.



Summary: Leeches in suits are trying to block a policy that would enable Free software developers to build the country's infrastructure in peace

LAST week we wrote about New Zealand's admirable prospective law that would forbid the patenting (make-believe 'ownership') of mathematics encoded as algorithms. It only makes sense and it agrees with the wants/desires of software engineers, who realise that copyright law protects their work and does not ever lead them to accidental infringements (unless they merge external code that they do not recognise).



“All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents”
      --Benjamin Henrion, FFII's president
There are two types of people who can conceivably protest against such sane laws; one is the person who works for the meta-industry that's making money by taxing software developers (software monopoly tolls can principally be patent trolls or law firms) and the second is the person who works for a company that monopolised an area of computing and is now trying to block any entrants from entering the same market/s.

Here is the latest report about the "software patent ban" that New Zealand plans to put in place. "All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents," says the president of the FFII (Europe) and IDG has just published this article about the role Microsoft plays, along with other developers of non-Free software (which does not respect its users' rights):

The New Zealand Open Source Society is expecting powerful interests to bring pressure on the government to reverse plans to exclude software from patent protection in New Zealand.

In a post on the NZOSS website yesterday, vice president Peter Harrison applauded the Commerce Select Committee's recommendation to exclude software from patent protection and responded to critics of the proposal.

"In all honesty it was very unexpected that we would be able to change the direction of this legislation. That we have put forward a argument that was sufficiently compelling means our hard work over the last several years has indeed born fruit," Harrison says.

[...]

In response, Harrison says many members who also develop proprietary software support the exclusion and patents are harmful to all software development houses.


They already have copyrights. Harrison was not alone though; Ken Moon from A J Park (which describes itself as "New Zealand’s leading intellectual property firm") wrote this piece on the first of April. At first sight I was certain it was a joke (April's Fool), but upon closer inspection it turned out to be serious in tone. It also says: "The US allows patents for all types of software inventions and the distinction is irrelevant, but the UK, following the European Patent Convention, does draw a distinction and only excludes from patentable subject matter computer programs “as such”. This wording was specifically to allow patents for embedded software."

“A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice).”Here in the UK we have Brimelow's arrogance to thank for that [1, 2]. Microsoft's Marshall Phelps said that the EPO "can’t distinguish between hardware and software so the patents get issued anyway." Brimelow essentially let Microsoft exclude or sue Free software in Europe and even though she is leaving, the damage she did is here to stay (for now).

Anyway, New Zealand is in a position that's similar to that of Europe. A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice). Here is a development from yesterday's news:



If this is "innovation", then innovation is not such a wonderful thing.

Recent Techrights' Posts

Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
 
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day
Working Whilst Away From Home
Decades ago being away meant all sorts of problems associated with workflows and connectivity
The Next Version of Windows Will Always be the Best (for Microsoft)
It's worse and slower over time
"End of the Smartphone Era" According to Jeffrey Epstein's Key Enabler
They call it "sour grapes"
Links 17/08/2025: Strike Downs Air Canada, Postmortems of Putin's Red Carpet Summit
Links for the day
Links 17/08/2025: Slow Tools and Enshittification of YouTube
Links for the day
Don't Talk to Bullies
This serious matter is still being examined by British authorities
Links 17/08/2025: "The Performance of Power" and "My Undesirable Friends"
Links for the day
Growing Our Reach
Our goal was never "hits"
The Russian Vision of Technology
Russia's surveillance is very extensive
Sooner or Later Almost Everyone Will Know "AI" is Just a Go-To, Misused, Misapplied, and Grossly Overused Term of Liars and Con Jobs Who Ride a Ponzi Scheme
At the expense of people gullible enough to "invest" in this or take salaries/bonuses in the form of "stock" (tied to a Ponzi scheme)
The Register MS Has Begun Using Slop Images
It's not clear when it started; but it's definitely getting worse [...] Worst of all are 'articles' about slop that are themselves slop
Reddit Funded by Microsoft
Reddit is merely a filter and we knows who controls that filter (using money)
When It Comes to Technology, Mozilla and Firefox Are Illiberal
Last month in Planet Debian we saw one more person explaining to everyone how to "turn off" DRM in Firefox and hide the pop-up/s
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 16, 2025
IRC logs for Saturday, August 16, 2025
The Open Source Initiative Has Many Scandals, We'll Try to Summarise Them All
Open Source Initiative (OSI) hates facts
Open Source Initiative (OSI), Wikipedia, Molly De Blanc, and Censorship/Reputation Laundering
OSI is like SPLC. The old name remains, the mission changed
Gemini Links 17/08/2025: Misunderstanding "Geminiverse" and Let's Encrypt
Links for the day
Links 17/08/2025: Breaches, Layoffs, and Scams
Links for the day