Bonum Certa Men Certa

The Legal 'Industry' of Software Patents

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Support for software patents in New Zealand mostly comes from outsiders of the software industry -- those to whom software is just something to tax with legal expenses

THIS post is likely to rub some lawyers (solicitors, attorneys, whatever) the wrong way, but it does not suggest that all lawyers are counter-productive; it does strive to show that segments of legal occupations are more concerned with taxing regular activities. They neither prevent crime nor promote science/trade.



One such example that we mentioned earlier this month involves software patents in New Zealand. Law firms in New Zealand are among the most vocal supporters of software patents in this nation, despite the fact that the New Zealand Computer Society, for example, opposes software patents (New Zealand’s largest application vendor also rejects software patents). In many ways, these patent lawyers are like the Military Industrial Complex; the only currency they grok is patent applications and patent lawsuits; they monetise friction and disputes. Is that the best which the software patents lobby can offer? One law firm after another in the New Zealand press? We have documented many examples so far and it's a true pattern.

“Is that the best which the software patents lobby can offer? One law firm after another in the New Zealand press?”The following new story/press release (it is presented as a story but it's ghostwritten) is an example of more lawyers from New Zealand lobbying for patentability of software. The messenger describes itself as "New Zealand’s pre-eminent law firm delivers the highest levels of legal and business performance."

Is this the type of 'industry' which ought to decide 'on behalf' of computer scientists what type of 'protection' they need or don't need? Of course not, it's ridiculous. It's like letting Blackwater make the decision on whether to fight Iraq or not. It's almost inconceivable and it's rather irresponsible for the New Zealand press to have published those self-promotional, greed-motivated pieces favouring software patents.

Software developers decided a long time ago that copyrights fulfill their needs. They don't want to risk thousands of lawsuits or at least threats from patent holders they were not even aware of. They want to write code, not to study patent applications all day. Justice John Paul Stevens understood this and he seemingly opposed software patents, even in his own country which is one among very few that allow software patents. Stevens is leaving though (patent lawyers are openly excited about it) and Law.com looks at his legacy. [via]

We've been doing a little thinking about outgoing Justice John Paul Stevens and what his legacy will be when it comes to intellectual property. Patent lawyers will surely remember Stevens as one of the justices who, along with justices Breyer and Souter, signed a strongly-worded dissent in the LabCorp v. Metabolite case. Because it was dismissed due to a technicality in the lower courts, LabCorp had no impact on the law, but the dissent showed that Stevens was one of at least three justices keen to rein in the extent of patentable subject matter. If, as many expect, the forthcoming Bilski decision places even greater limits on the patent system, it's likely that Stevens will have a hand in that.


Here is our main page about In Re Bilski. Even the United States is beginning to see that software patents make no sense, but Microsoft will fight for them, even in New Zealand.

Recent Techrights' Posts

Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
 
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025