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

Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
 
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026