Bonum Certa Men Certa

As the Battle to Legitimise Software Patents in New Zealand and Europe Carries on, New Systemic Corruption Found

French politics
Image by Alain Fontaine



Summary: A roundup of stories from battlegrounds for software patents "as such"

Over the years we wrote quite a lot (relative to the size of the nation) about software patents in New Zealand, where patent lawyers have been fighting/waging their PR war against software developers; local lawyers fought alongside companies like IBM and Microsoft with their lobbyists (other lawyers). Some firm called "Shelston IP" continues this PR war (warping public perception) in Lexology by advancing the pro-software patents stance. To quote:



In? Out? Either way, talk of software patents has dominated discussion of the New Zealand Patents Bill for several years, causing unfortunate delay for a much needed update to New Zealand patent law. However, resolution may be on the horizon. Following fierce lobbying by many in the New Zealand IT sector, the Government has announced a new proposed amendment to the Bill, hailed by some as an effective end to software patents in New Zealand. The reality? Unsurprisingly perhaps, much less clear cut.

[...]

n the latest development, the Government has proposed a new replacement provision, which keeps a prohibition on patents for computer programs “as such”, but includes two further clarifying principles. Firstly, a claim in a patent (or application) relates to a computer program as such, if the actual contribution made by the alleged invention lies solely in it being a computer program. Secondly, a series of factors are set out, which must be taken into account in identifying the actual contribution made by the alleged invention. Therefore it is the nature of the “actual contribution” which the invention makes to the existing art which will be the touchstone for determining patentability. If such contribution arises solely from a computer program, it will not be patentable. If the contribution is judged to arise from another aspect of the invention, it will be patentable.

[...]

At a commercial level, the decision to take a significantly narrower path in New Zealand than in Australia, may have real implications for New Zealand software developers who find that software which does not infringe any New Zealand patents, may infringe Australian patents when marketed there. We may also find that over time, the much debated question of whether software patents stifle or encourage innovation, is answered by a geographical shift in the Australasian industry, one way or the other.


Factually (barring omissions) there is something to it, but it is biased for being too selective. The reality is, software patents were explicitly demoted in this island this year [1, 2, 3].

Microsoft-friendly companies like Centrify can carry on boasting their Microsoft-taxed products (Active Directory patents) and try to sell them in places where software patents are not legitimate, hoping the public will not recognise the injustice. This a FRAND-type loophole. See the TomTom case involving FAT patents in Europe, where the "as such" loophole still exists (albeit under fire). European patents may use FAT patent legitimisation in Germany (where some silly politicians still do their thing this week) although it is now a dubious patent.

Over in Germany right now, Jimmy Schulz is doing fine work to extinguish software patents and the FSFE has this update in English:

Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament's decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. "Germany now has to implement this decision in law, to send a strong signal towards Brussels," says Johannes Sommer of BIKT, one of the associations.

At an expert meeting in the Parliament on 13th May, in which FSFE also participated, industry associations BIKT and BITMi proposed changes to German copyright and patent law. These proposals would also affect software patents which have already been granted. The first proposal is to add a "protective shield" clause to German copyright law , introducing a blanket ban on the enforcement of patent claims with regard to software. The second proposal to be implemented in German patent law makes sure that the effect of patent claims shall not extend to works protected independently by copyright. Both proposals would prevent that patents on software can be enforced against software developers. The FSFE supports both proposals.


"Matthias Kirschner, of the free software federation said the move is an important step to fix the software patent insanity,"says one news site. Thom Holwerda covered that as well.

Recently, one route to legitimising software patents has been the unitary patent. Spain was blackmailed for the unitary patent and there was a lot of apparent corruption in the attempt to ruin policy against software patents in Europe

According to this curious update, the swindle goes round:

Action brought by Spain against the Regulation on the unitary patent calls the judiciary character of the Boards of Appeal of the EPO into question.


My letter to them hardly made a difference.

Based on this link from Gérald Sédrati-Dinet (April, source), the "#CJEU interpreting UPC shows that #EU has exclusive competence over #UPC (unitary patent court) which is then illegal"

There are other conflicts [FR, EN] revealing entryism of sorts. To quote, "don't forget: presented by a senator @SenateurRYung who was a former director at EPO" (the EPO is corruptible).

Richard Yung is one of the politicians who come from the patent system, then doing the lobbying (we covered other examples. As put here, "to be sure, Senator Young is a former director of EPO"

“I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead”
      --Benjamin Henrion
Dan Gillmor incorrectly says here in The Guardian that software patents are in a state that they're not in. He is corrected with the statement: "Europe is unfortunately far away from excluding Software Patents" (just not endorsing them). The FFII's president, Benjamin Henrion, says: "I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead #backdoor"

When even companies that pretend to like FOSS are collecting software patents we remain stuck between large American corporations that spy on us and gain monopolies on algorithms. It is a sad state of affairs, but that's just where we are.

Recent Techrights' Posts

The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
If We Move Everything to Devuan...
IRC, Git, Apache and so on
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
 
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C