Bonum Certa Men Certa

Patents Roundup: Patent Absurdity More Widely Understood, New Zealand's Case Against Them Made Clearer, and Why Free Software Must Reject Them

Inaffectionate monopolies

TECHRIGHTS in pieces



Summary: The latest cases of patents intruding nations, interfering with economic sense, and turning Free/open source software into another monster

Today's summary covers patents in general and software patents in particular. As predicted several years ago, software patents are pushing "open source" proponents to change themselves rather than fight back as they should.



The Economist Versus Patents



Patents make business sense to lawyers, but they rarely make business sense in general. Several famous economists, some of whom won the Nobel prize, are advocating the removal of patents (or at least some of them). The Economist has this new article which says that some patents do "more harm than good". To quote just a part: [via]

George Church, a molecular geneticist at Harvard Medical School and a pioneer of whole-genome sequencing, is unpersuaded. Leaving aside the cystic fibrosis case, he says genetic testing benefits from incentives for innovation by luring in investors. He objects to the recommended reforms as “micro-manipulation of one small part of the patent system” that could have unintended consequences.


That's the part about genome sequencing and as we found out earlier this month, gene patents are already dying [1, 2, 3].

The film "Patent Absurdity" (mentioned already in [1, 2 3, 4]) is focused specifically on software patents and it received a lot of press coverage (more recently from Heise and eWEEK Europe). But another big battle over the issue actually takes place in New Zealand right now.

New Zealand



Software patents are a hot topic in New Zealand because they might be formally removed (explicitly excluded by scope).

As we pointed out two days ago, the Labour party in New Zealand is opposing software patents and this is also covered here:

The exclusion of computer software from a Patents Bill before Parliament is a step towards helping New Zealand become more innovative Labour MPs Lianne Dalziel and Clare Curran said today.


Later on, the same publication talks for patent lawyers, who of course want more patents of any kind.

InternetNZ is against software patents because it represents technologists, not lawyers.

InternetNZ (Internet New Zealand Inc) agrees with the Commerce Select Committee and Minister Hon Simon Power that software should not be patentable. InternetNZ outlined its position in a submission to the Committee in July 2009.


More on the stance of InternetNZ can be found in TechDay, which also covers the views of The New Zealand Computer Society in this new post.

The New Zealand Computer Society polled its members and found that 81% supported the recommendation to remove Software from the Patents Act.

NZCS Chief Executive Paul Matthews said, “This is a big issue for the ICT sector. And whilst not scientific, this poll clearly backs up previous consultation showing widespread support from the ICT sector for the removal of software patents.”


We covered the views of NZCS in [1, 2, 3, 4]. It has been strongly against software patents all along. It's usually a case of computer scientists versus lawyers who only pretend to serve them rather than tax them. Here in Europe we have this lawyers' site promoting software patents a few days ago. They smell cash in more patent applications and lawsuits.

Although the UK and European patent offices have been granting patent claims that relate to computer programs for many years, a European Parliament rejected the proposed EC Directive on the Patentability of Computer Implemented Inventions (EC Software Patent Directive) in July 2006, which caused some controversy.

[...]

Corinne Day is a trainee solicitor who specialises in intellectual property law.


Well, Corinne Day should be focused on her field and not pursue what lawyers call "protection" with software patents. They pretend it's a "protection" for software developers, but it's really just protection of the lawyers' way of life.

It is sad to find posts like this one from defeatists who are promoting "open core" and other such ideas (while occasionally denouncing the Free Software Foundation), listing Microsoft as part of "open source" and using this as reason to accept "intellectual property" like software patents (when it comes to "open source", Microsoft is constantly changing what these terms mean using "promises" that it adds to software patents). To quote one portion of it:

In this future the notion of intellectual property will still exist, as will software patents (unfortunately). In this future, any software or services company, of any size, whether local or global has the opportunity to participate in the FOSS realm.


We must not accept software patents as they are incompatible with Free/open source software. The author is also using the term "intellectual property" rather than "copyright" and "patent", which are separate and very different things. Free software relies heavily upon copyrights, but patents are antithetical to it. The use of the term "intellectual property" can also be found in this new post from OSS Watch. It's part of the degradation we see among "open source" supporters, who turn it into another monster and encourage more of ZDNet's typical FUD, which is debunked by The Source.

If anything, ”Open Source” is moving beyond “sexy” right into “required label”.


That label too is losing its uniqueness. The meaning changes and the OSI ought to fix this by intevening.

Recent Techrights' Posts

The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
 
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock