Bonum Certa Men Certa

USPTO is Driving Away Businesses to Countries Like New Zealand, US-based Multinationals Attack New Zealand With Imperialistic Patent Lobbying to Assimilate Policies

The Empire Strikes Back

New York City skyline



Summary: Haven from absurd laws is offered by countries which are in turn being corrupted (through crooked oliticians and domestic partners) such that software patents are inescapable

A FEW years back, when the second-biggest financial collapse (in the past century) happened in the United States, a lot of Americans migrated to places like Australia and New Zealand. Amid the rise of Bush and the war he brought about, some people left the country in protest and moved to New Zealand, which is also where a former colleague of mine moved with his wife partly for idealogical reasons. If the goal is to drive away talented people (including veteran professors and immigrant students), then parts of the administration are doing a darn good job. For everyone else in the States this should be cause for concern and alarm because this puts in jeopardy the nation's status as a leader in innovation (marked by achievements from NASA for example). When patenting becomes a norm and patent trolls a fact of life, surely there is a deterrent that can suppress absorption of "real" scientists -- those interested in researching in peace. Colleagues in my field cannot obtain software patents, so they can only ever apply for such monopolies in the USPTO. And what for? We work for the Computer Science department that is ranked 15th in the world and patents were not needed to get there at all. In fact, ranks do suggest that for researchers, the United States becomes a less desirable vocation. To what extent has the USPTO been responsible for this? It is hard to reliably measure this because, as stated earlier, it's a multi-factor/factered problem which includes debt, militarism, competitive trends (notably the rise of the Far East), and even the network effect that drives Nobel prize winners to countries where they are better funded (which in turn takes their research groups to those other countries). Software patents can truly depress a field and limit one's freedom of exploration. Who on Earth would engage in this practice of self-punishing by bringing legitimacy to software patents? As Dr. Richard Stallman explained a few years back, Europeans should repeal and repel any attempts to legalise software patents because it puts Europe in a considerable advantage over the neighbours across the Atlantic (consider the European developer who was safe from Shazam's software patent bullying [1, 2]). Needless to say, if the US lobby manages to turn the EU into a hub of software patents, e.g. via the unitary patent, then it instantaneously belittles Europe, which has almost no software patents and thus "starts behind", so to speak. Replace "EU" with "New Zealand (NZ)", "China", "India", "South Africa" and so on, then realise that the same applies to all of those countries, where American multinationals assisted by their government (which they fund through campaign contributions) are trying to corrupt through selected politicians -- some of whom we named here before -- so as to enslave foreign populations by the "IP" arm and the lawsuits boot. Treaties can usher bullying, even if the bullying is silent and often blamed on illusionary culprits. Too political? Fine. Get used to it, as that's how patent policies are set in stone. It's not about technical merit but about those who lean to the green (money).



With that long introduction aside, we shall turn our attention to the southern hemisphere. NZ is having the same problems Europe is having at the moment and there is this new "Podcast on software patents legislation in New Zealand" (links directly to a software patents-encumbered file, ironically enough). Well, the file is an MP3, so for the sake of those without MPEG-LA patent licences we have made an Ogg version (direct link) and we hope someone can transcribe.



“Over and over this island nation has proven a rational understanding of innovation in software as something that can and should be copyrighted but not patented.”
      --ClearFoundation
NZ is reaping the benefit of Free/open source advocacy groups like NZOSS (which recently drove away Microsoft software patents [1, 2], as still reported by the neighbours in Australia too) and the general policy in this large island, which is admirably hostile towards software patents. In our NZ/kiwi software patents wiki we provide some chronological background for the uninitiated and we are routinely getting some gratifying feedback from readers based in NZ. Just yesterday, Aaron Bylund, writing to me in Twitter, explained "[w]hy ClearFoundation (non-profit entity supporting ClearOS) is incorporated in New Zealand." He is going to connect us with the ClearFoundation. He links to this post which says: "As our involvement with the Clarkconnect team grew tighter and tighter, we realized that to protect something that is fundamentally protected by copyright alone (as it should be) we needed to keep it safe and untainted. In our search we considered some great places like Canada, Australia, Switzerland, Singapore and even the Principality of Hutt River. In the end we decided on New Zealand. Over and over this island nation has proven a rational understanding of innovation in software as something that can and should be copyrighted but not patented. Additionally, it grants freedoms to businesses better than nearly any other nation. So, we give a shout out today and cheer to New Zealand. Let those that would seek to implement software patents there join the ranks of those that have decided to back down. Long live New Zealand, home of ClearFoundation! Hip Hip Huzzah! And thank you NZOSS and NZCS for all your hard work."

Well, yesterday we explained Microsoft's lobbying for software patents as a FUD weapon against Linux and Android and based on this good NZ-based source Microsoft is angry and its executives are not even hiding it. Quoting the article at hand:

The Government may need to go back to the drawing board over the way software patents will be treated under its proposed Patents Bill, after guidelines drawn up by officials to safeguard hi-tech manufacturers were slated by legal experts.

Parliamentarians delighted the open-source software movement and troubled large corporates such as Microsoft last year by including a clause in the Patents Bill that says software is not a patentable invention.

Microsoft New Zealand legal counsel Waldo Kuipers hoped dissatisfaction with the separate guidelines, which are designed to accompany the legislation and address the specific issue of embedded software, would open the door to a fundamental rethink.

A spokeswoman for Justice Minister Simon Power said he had received advice from the Economic Development Ministry, but it was too early to say whether the Government would consider amending the Patents Bill, which is currently awaiting its second reading.

Critics of software patents have argued they have mainly been used to lay claim to rights over obvious ideas or to extort money, creating a nuisance and stifling innovation.


Intel too is named there by the BusinessDay.co.nz reporter, Tom Pullar-Strecker. He 'forgets' to mention who NZICT actually serves (it's a lobbying group for the likes of Microsoft, pretending to stand up for "NZ" for extra credibility) and there is also the Institute of Patent Attorneys. No need to tell the expected bias there, right? None of these is interested in the interests of NZ but only in profit, usually for some billionaires abroad (lawyers too need them as clients).

"Do not listen to US-based multinationals, who are willing to lie for their own wallet."If Mirosoft is dissatisfied, then it means that it is good for software freedom and for the freedom of the population in NZ. Do not listen to US-based multinationals, who are willing to lie for their own wallet. It's their obligation to their mostly American shareholders. For example, Intel participating in this FUD and it should be disgraced for this. In another article from NZ (this time from IDG, which is based in the US), there is a complaint about the current NZ patent policy. It says: "Most submissions on the guidelines formulated by the Intellectual Property Office of New Zealand (IPONZ) on patentability of software suggest the guidelines have not achieved the desired clarification of proposed legislation and may have served further to muddy the question of what software is or is not patentable.

"Section 15 (3A) of the Patents Bill – currently awaiting its second reading in Parliament – simply states “a computer program is not a patentable invention”. This clause was inserted by the Commerce Select Committee, on the strength of a number of submissions."

"Show us the way, NZ, and prove to the world that even small nations can stand up to multi-trillion-dollar (aggregated market cap) coercion machines that grease up politicians and retaliate against critics."Well, loopholes using the "embedded" or "device" trick, companies like Microsoft can probably get around the law (hacking it), just as they do in Europe already (no hacking "as such"), IDG seems to be missing this important point, but then again, it's IDG, so don't take it too seriously. It's the Fox 'News' of IT.

All in all, the press in NZ usually gives a lesson to the US-based press, which hardly does enough (if anything) to oppose the bad laws that permit software patenting. The watchdog press is dead there, as we noted several days ago in relation to US coverage on software patents (too conformist, too obedient to existing law and afraid to challenge them). Show us the way, NZ, and prove to the world that even small nations can stand up to multi-trillion-dollar (aggregated market cap) coercion machines that grease up politicians and retaliate against critics.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work