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

IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day