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

24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
 
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day