Bonum Certa Men Certa

Help Extend the Ban on Software Patents in New Zealand to Australia

Sydney Harbour Bridge
Sydney Harbour Bridge



Summary: Head of Microsoft New Zealand steps down, New Zealand permits software patenting only with the "device" trick, and Ben Sturmfels is working to marginalise software patents also in Australia

Last night we caught up with the latest news from IPONZ, the Intellectual Monopoly Office of New Zealand. Basically, software patents are not entirely dead in New Zealand, but the saga ended up a lot better than it initially appeared. And now an Australian petition has been created to replicate the achievement of software developers in New Zealand. As ITWire puts it, "FOSS dev launches petition against software patents":

Close on the heels of New Zealand declaring that software would not be patentable, a Melbourne free software advocate and developer has drafted a petition to press for the same to happen in Australia.

Melbourne developer Ben Sturmfels (below) is soliciting signatures for the petition which, he says, will be personally delivered to Senator Kim Carr, the minister for innovation, Industry, science and research in the current Labor government.

The petition has been launched at a time when the federal government is reviewing the scope of patent law and Sturmfels says it is the right time to push for abolition of software patents. It also comes at the start of a federal election campaign, with Australia going to the polls on August 21.

Last week, New Zealand announced that it would not be making any changes to its Patents Bill which is moving through parliament. Wellington has decided that inventions which have embedded software can be patented, a stance which was welcomed by the New Zealand Computer Society.


The New Zealand Computer Society (NZCS) did a fantastic job against foreign lobbyists (NZICT for example [1, 2, 3, 4, 5, 6]). News items that we have not yet referenced in our coverage are:

i. Software patent about-face gets the thumbs-up

Commerce select committee chairwoman Lianne Dalziel has welcomed a Government change of heart on a controversial amendment to the Patents Bill.

But she warns guidelines that will be developed to accompany the bill could still frustrate the committee's recommendation on software patents.

Commerce Minister Simon Power says the bill, which says that computer programs are not a patentable invention, will proceed through Parliament unamended. The Intellectual Property Office of New Zealand (IPONZ), part of the Economic Development Ministry, will develop guidelines to allow inventions that contain "embedded software" to be patented, in consultation with parties.


ii. Minister Announces No Software Patents

Minister of Commerce Simon Power today announced that further amendment to the Patent Bill is neither necessary nor desirable, and that the insertion of an exception for software would prevail. He has also asked IPONZ to formulate draft guidelines and seek the views of interested parties regarding patents involving embedded software.

The response to this news has been immediate. Paul Matthews of the New Zealand Computer Society writes "Despite what appears to be a big-budget lobbying effort by the pro-patent fraternity, Hon Simon Power announced today that he wouldn't be modifying the proposed Patents Bill hence software will be unpatentable once the Bill passes into law."


iii. Software Patents Bill clause will not be altered

iv. Minister announces way forward for software patent

v. Software patent guidelines on IPONZ agenda

Guidelines rather than a law change will be used to allow inventions that contain embedded software to be patented, Commerce Minister Simon Power says.

The Intellectual Property Office of New Zealand (IPONZ) would develop the guidelines once the Patents Bill passed.

Mr Power said a further amendment to that bill was not needed.

When the commerce committee reported the bill back to Parliament in March it recommended that computer programs not be a patentable invention after submitters raised concerns that would stifle innovation and restrict competition.


vi. New Zealand sticks to anti-software patent guns

vii. New Zealand says no to software patents

New Zealand has decided not to make any modifications to its patents bill and this means that software will not be patentable in the country.


viii. New Zealand law to render software 'unpatentable'

ix. New Zealand Kills Software Patents

x. New Zealand to make software unpatentable

xi. New Zealand bans software patents

New Zealand is passing a law which makes most software unpatentable. The only exception, added yesterday in an amendment, is to allow patents on inventions that contain embedded software.


xii. NZ government makes software 'unpatentable' (for now)

While mulling the bill the committee was inundated with submissions from people opposing the granting of patents for computer programs. They complained that such a move could "stifle innovation and restrict competition," said the NZ government.


xiii. New Zealand To Dump Software Patents Afterall (But Will Allow 'Embedded Software' Patents)

It looks like those reports of NZ politicians backing down may have been a bit premature. Chirag Mehta points us to the news that, despite the lobbying effort, it's been announced that the patent bill will not be changed, thus basic software will remain unpatentable. However, the details suggest that embeddable software can be patented, and there are some concerns that the "guidelines" (yet to be developed) for such embeddable software will be used by some to sneak in standard software patents.

Still, it's good to see New Zealand realizing that basic software patents can be harmful. It sounds like a big help was the fact that the two biggest New Zealand software companies both came out against software patents certainly helped. Orion Health noted that patents generally are "counter-productive" and "are often used obstructively." The company also noted that the " best protection is to innovate and innovate fast." Exactly. Meanwhile, Jade said: "We believe the patent process is onerous, not suited to the software industry, and challenges our investment in innovation."


xiv . Official: Software will be unpatentable in NZ

Yesterday Minister of Commerce Simon Power instructed the Intellectual Property Office of New Zealand (IPONZ) to develop guidelines to allow inventions that contain embedded software to be patented.


xv. Software patent ban moves closer in New Zealand

It's not been a happy time for anti-software patent campaigners recently - with bad news coming in from both the United States, in the form of the Bilski...


xvi. The software patent controversy explained

New Zealand's parliamentary Commerce Committee had recommended that software not be patentable. Last week the country's Commerce Minister Simon Power announced that he'd make no further changes to the Patents Bill. That means no software patents, although inventions that contain software would still be patentable.


One can reasonably suspect that the Managing Director of Microsoft New Zealand is leaving the place partly due to backlash relating to software patents. Microsoft was part of the push for software patents in New Zealand. According to this report, there is agreement that Microsoft had issues locally (many of which we covered).

Ackhurst relinquishes from the shores following a three year period in the top position, which has witnessed some reverses for Microsoft and unsettled times for the local ICT industry as a whole.


Here is where he is heading:

Kevin Ackhurst, Managing Director of Microsoft New Zealand, will be moving to Singapore to take up the position of VP Sales and Marketing for Microsoft.


Sales and marketing. It figures. Nothing technical whatsoever, just like most software patents proponents.

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025