Bonum Certa Men Certa

Patents Roundup: Patent Absurdity More Widely Understood, New Zealand's Case Against Them Made Clearer, and Why Free Software Must Reject Them

Inaffectionate monopolies

TECHRIGHTS in pieces



Summary: The latest cases of patents intruding nations, interfering with economic sense, and turning Free/open source software into another monster

Today's summary covers patents in general and software patents in particular. As predicted several years ago, software patents are pushing "open source" proponents to change themselves rather than fight back as they should.



The Economist Versus Patents



Patents make business sense to lawyers, but they rarely make business sense in general. Several famous economists, some of whom won the Nobel prize, are advocating the removal of patents (or at least some of them). The Economist has this new article which says that some patents do "more harm than good". To quote just a part: [via]

George Church, a molecular geneticist at Harvard Medical School and a pioneer of whole-genome sequencing, is unpersuaded. Leaving aside the cystic fibrosis case, he says genetic testing benefits from incentives for innovation by luring in investors. He objects to the recommended reforms as “micro-manipulation of one small part of the patent system” that could have unintended consequences.


That's the part about genome sequencing and as we found out earlier this month, gene patents are already dying [1, 2, 3].

The film "Patent Absurdity" (mentioned already in [1, 2 3, 4]) is focused specifically on software patents and it received a lot of press coverage (more recently from Heise and eWEEK Europe). But another big battle over the issue actually takes place in New Zealand right now.

New Zealand



Software patents are a hot topic in New Zealand because they might be formally removed (explicitly excluded by scope).

As we pointed out two days ago, the Labour party in New Zealand is opposing software patents and this is also covered here:

The exclusion of computer software from a Patents Bill before Parliament is a step towards helping New Zealand become more innovative Labour MPs Lianne Dalziel and Clare Curran said today.


Later on, the same publication talks for patent lawyers, who of course want more patents of any kind.

InternetNZ is against software patents because it represents technologists, not lawyers.

InternetNZ (Internet New Zealand Inc) agrees with the Commerce Select Committee and Minister Hon Simon Power that software should not be patentable. InternetNZ outlined its position in a submission to the Committee in July 2009.


More on the stance of InternetNZ can be found in TechDay, which also covers the views of The New Zealand Computer Society in this new post.

The New Zealand Computer Society polled its members and found that 81% supported the recommendation to remove Software from the Patents Act.

NZCS Chief Executive Paul Matthews said, “This is a big issue for the ICT sector. And whilst not scientific, this poll clearly backs up previous consultation showing widespread support from the ICT sector for the removal of software patents.”


We covered the views of NZCS in [1, 2, 3, 4]. It has been strongly against software patents all along. It's usually a case of computer scientists versus lawyers who only pretend to serve them rather than tax them. Here in Europe we have this lawyers' site promoting software patents a few days ago. They smell cash in more patent applications and lawsuits.

Although the UK and European patent offices have been granting patent claims that relate to computer programs for many years, a European Parliament rejected the proposed EC Directive on the Patentability of Computer Implemented Inventions (EC Software Patent Directive) in July 2006, which caused some controversy.

[...]

Corinne Day is a trainee solicitor who specialises in intellectual property law.


Well, Corinne Day should be focused on her field and not pursue what lawyers call "protection" with software patents. They pretend it's a "protection" for software developers, but it's really just protection of the lawyers' way of life.

It is sad to find posts like this one from defeatists who are promoting "open core" and other such ideas (while occasionally denouncing the Free Software Foundation), listing Microsoft as part of "open source" and using this as reason to accept "intellectual property" like software patents (when it comes to "open source", Microsoft is constantly changing what these terms mean using "promises" that it adds to software patents). To quote one portion of it:

In this future the notion of intellectual property will still exist, as will software patents (unfortunately). In this future, any software or services company, of any size, whether local or global has the opportunity to participate in the FOSS realm.


We must not accept software patents as they are incompatible with Free/open source software. The author is also using the term "intellectual property" rather than "copyright" and "patent", which are separate and very different things. Free software relies heavily upon copyrights, but patents are antithetical to it. The use of the term "intellectual property" can also be found in this new post from OSS Watch. It's part of the degradation we see among "open source" supporters, who turn it into another monster and encourage more of ZDNet's typical FUD, which is debunked by The Source.

If anything, ”Open Source” is moving beyond “sexy” right into “required label”.


That label too is losing its uniqueness. The meaning changes and the OSI ought to fix this by intevening.

Recent Techrights' Posts

Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
 
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026