Bonum Certa Men Certa

Why Justin Simpson is Wrong About Software Patents

CEO and Patent Attorney at Billtrader Pty Ltd



Summary: Yet another boring article lectures us on why software patents are ever so wonderful, based on people who make a living from software patents without having written any software/code

TECHRIGHTS already wrote/published a lot of articles about why software patents are bad. I've been writing on the subject since a decade before Alice/35 U.S. -- i.e. when the U.S. Patent and Trademark Office (USPTO) had to begrudgingly accept that software patents almost always perish in American courts; the same is happening in European courts, never mind if the EPO promotes software patents in Europe under the guise of "AI", "4IR", "ICT", "CII" "Blockchain", "IoT" and all sorts of other ridiculous buzzwords.

"It's some new (albeit tiring, repurposed) propaganda from Justin Simpson."We were therefore a little curious to see a CEO and Patent Attorney at Billtrader Pty Ltd (small firm) publishing this piece titled "A new type of patent: the software patent"; Australia's litigation 'industry' has been writing more and more about it lately (see this index of articles), but this one page is 15MB in size (yes, 15 megabytes for just a few paragraphs of text; very bad implementation). It's some new (albeit tiring, repurposed) propaganda from Justin Simpson. Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let's just break apart two consecutive paragraphs and dissect these.

"Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let's just break apart two consecutive paragraphs and dissect these."Simpson wrote: "Software has value. Google, Facebook, and Amazon are software companies."

Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?

"Their core value is created by the clever software they have built."

Software that is covered by copyrights and is often kept secret (proprietary) anyway. The above three companies very rarely use patents to sue, unlike IBM and Microsoft.

"Those three companies alone are worth nearly $2 trillion. That’s nearly double the GDP of my home country, Australia."

"Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?"Is he trying to imply that it's the patents that add up to value? Putting aside the fictional aspects of these speculative valuations...

"So why is it that software is not patentable?"

Well, because empirical evidence does not support claims that they're needed for innovation and copyright alone already covers the need. There have been a lot of studies about it (scholarly, too).

Here is his explanation however:

"The reason is that the courts must base their decision on existing laws and past cases that were written well before software was invented. Laws that could not have envisaged the nature and role software plays in modern society."

Similar arguments are being made for patents on life and nature. Will he defend patents on human beings too? Or seeds?

"Articles like these have become common and they're always pretty shallow."These boring old arguments (nothing novel about them; every sentence or paragraph is dingo droppings) aren't going to sway or convince anyone but the target audience of the site, with its patentism (like a religion revolving around worship of patent monopolies).

So the bottom line from Mr. Simpson is, make software patents possible and "bam!" Suddenly the GDP of Australia will be tripled. Right? It's all about him looking for more clients (more billing opportunities), earning at the expense of people who actually write code.

Articles like these have become common and they're always pretty shallow. Pure marketing (shameless self-promotion).

Recent Techrights' Posts

"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
 
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025