Bonum Certa Men Certa

New Zealand and Europe Should Both Actively Fight Against Software Patents

Kiwi



Summary: The lobby for software patents is very much alive in New Zealand and Europe

WHEN it comes to software patents, the situation in Europe is similar to the problems encountered in New Zealand ("embedded" trick which is back to the headlines), caused in part by lobby/front group NZICT. It lobbies for the interests which are opposite to New Zealand's by trying to encourage acceptance of software monopolies, mostly those from the United States. This lobby group is preparing a webinar, sponsored by the likes of Microsoft and IBM (which sponsor NZICT). To quote:



NZICT is gearing up to host a free webinar on February 15th over the revision of software patents and IPONZ’s guidelines.

In March last year, the Commerce Committee recommended that computer programs should not be a patentable invention.


Citizens of New Zealand ought to challenge these events whose purpose is to stage a tilted debate in hope of subverting the country's patent law, primarily by influencing IPONZ (Intellectual Property Office of New Zealand). They should learn from the trouble in Europe. "EU study advocates criminalisation of patent infringements," writes the FFII today, "[b]ut the EU study fails to prove IP criminal measures are essential" (the companies want a deterrent as such).

The FFII adds: "Would we like to see Steve Jobs behind bars? Or Doctors Without Borders?" Watch this summary about the EU plot as of late:

A study commissioned by the European Commission advocates the abolition of the national prosecutor’s discretion whether to prosecute and how to charge the defendant. It also argues in favor of a European criminal court and for the criminalisation of patent infringements. This is the study that paves the way, or should have paved the way, for EU intellectual property criminal measures. We observe that the study fails to prove EU criminal measures aimed at ensuring the enforcement of intellectual property rights are needed. Incidentally, this also indicates that the EU is not competent to ratify the Anti-Counterfeiting Trade Agreement’s criminal measures. Futhermore, criminalisation of patent infringements is a very bad idea. In the software sector, there are so many patents, infringement is often unavoidable. It may also endanger access to life saving generic medicine.


Glyn Moody calls it the "criminalisation of patent infringements," which he in turn labels "insane".

A patent attorney from Europe reveals more odd behaviour from the EPO. It's in his blog post whose pointers appear to have been broken. Well, maybe the EPO had a change of heart, who knows?

Today, the European Patent Office (EPO) has made available (@EPOorg on Twitter) a second edition of An overview of the national patent litigation systems in Europe available for download on-line. The text provides an overview of the national patent litigation systems across the European Patent Organisation's 38 Contracting States and presents an at-a-glance description of the different national revocation, nullity and infringement procedures currently in place. The competent courts dealing with these matters at first instance and appeal are also depicted.


Another European lawyer, Carlo Piana, says one should "[r]ead (pdf) http://ur1.ca/35e4f if you still think that #swpats [software patents] promote innovation."

With news that WebSafety "today announced that it now supports two new Android tablets for the company's patent-pending software application," it has become rather clear that the United States chooses to put software patents even in Linux-powered platforms. This leads to incompatibilities of all sorts and JDA reports "records in Q4", reached in part using "trial against Oracle over software patents". From the news:

JDA ended the quarter and the year with $171.6 million in cash, which it is clearly going to need more of if this ruling in the Texas courts regarding Dillard's sticks. JDA boosted its reserve for this judgment from $5 million to $19 million, reflecting what it now thinks the likely settlement to be based on preliminary mediation talks with the store chain. The trial against Oracle over software patents starts in March. JDA expects both cases to burn about $10 million in 2011.


Welcome to Texas, where patent trolls roam. In relation to the i4i case, Red Hat sent filings in support of abolishing such American patents and here comes another statement from the company:

Red Hat, Inc., a provider of open source solutions, continued its efforts to improve the U.S. patent system and to challenge poor quality software patents.

Red Hat joined a group of companies in an amicus brief to the Supreme Court which explained that the burden of proof applied to invalidate patents impedes innovation and should be changed.


Software patents threaten Red Hat's business, which is mostly based in the United States where software patent foster a large community of patent trolls. Europe and New Zealand should avoid descending upon the same chasm.

Recent Techrights' Posts

IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
 
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day