Bonum Certa Men Certa

New Zealand's Software Industry Under Attack by the 'Patent Leeches'

Anand Satyanand
New Zealand's Governor-General Anand Satyanand.



Summary: Leeches in suits are trying to block a policy that would enable Free software developers to build the country's infrastructure in peace

LAST week we wrote about New Zealand's admirable prospective law that would forbid the patenting (make-believe 'ownership') of mathematics encoded as algorithms. It only makes sense and it agrees with the wants/desires of software engineers, who realise that copyright law protects their work and does not ever lead them to accidental infringements (unless they merge external code that they do not recognise).



“All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents”
      --Benjamin Henrion, FFII's president
There are two types of people who can conceivably protest against such sane laws; one is the person who works for the meta-industry that's making money by taxing software developers (software monopoly tolls can principally be patent trolls or law firms) and the second is the person who works for a company that monopolised an area of computing and is now trying to block any entrants from entering the same market/s.

Here is the latest report about the "software patent ban" that New Zealand plans to put in place. "All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents," says the president of the FFII (Europe) and IDG has just published this article about the role Microsoft plays, along with other developers of non-Free software (which does not respect its users' rights):

The New Zealand Open Source Society is expecting powerful interests to bring pressure on the government to reverse plans to exclude software from patent protection in New Zealand.

In a post on the NZOSS website yesterday, vice president Peter Harrison applauded the Commerce Select Committee's recommendation to exclude software from patent protection and responded to critics of the proposal.

"In all honesty it was very unexpected that we would be able to change the direction of this legislation. That we have put forward a argument that was sufficiently compelling means our hard work over the last several years has indeed born fruit," Harrison says.

[...]

In response, Harrison says many members who also develop proprietary software support the exclusion and patents are harmful to all software development houses.


They already have copyrights. Harrison was not alone though; Ken Moon from A J Park (which describes itself as "New Zealand’s leading intellectual property firm") wrote this piece on the first of April. At first sight I was certain it was a joke (April's Fool), but upon closer inspection it turned out to be serious in tone. It also says: "The US allows patents for all types of software inventions and the distinction is irrelevant, but the UK, following the European Patent Convention, does draw a distinction and only excludes from patentable subject matter computer programs “as such”. This wording was specifically to allow patents for embedded software."

“A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice).”Here in the UK we have Brimelow's arrogance to thank for that [1, 2]. Microsoft's Marshall Phelps said that the EPO "can’t distinguish between hardware and software so the patents get issued anyway." Brimelow essentially let Microsoft exclude or sue Free software in Europe and even though she is leaving, the damage she did is here to stay (for now).

Anyway, New Zealand is in a position that's similar to that of Europe. A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice). Here is a development from yesterday's news:



If this is "innovation", then innovation is not such a wonderful thing.

Recent Techrights' Posts

When Abusive Law Firms (Working for Microsofters Against Us) Assert That Someone Writing in Social Media About Himself is Confidential Information
There was no reason to throw "GDPR" into 2 SLAPPs; they know it, but the goal was to increase the cost of a Defence and lessen the incentive to challenge the SLAPPs
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025
Gemini Links 15/06/2025: Rainy Season and OpenDocument Format (ODF)
Links for the day
Links 15/06/2025: Military Games, Parade, and Actions
Links for the day
Links 15/06/2025: Windows TCO, Openwashing, and Wars
Links for the day
Gemini Links 15/06/2025: "AI Fatigue and Crappiness"
Links for the day
Microsoft Attack Dogs Against Watchdogs and Guard Dogs in Software
Last year Microsofters hired attack dogs or "guns for hire"
Slop Cannot Replace Domain Expertise
All this "AI" hype (it's not even intelligence, it's all a misnomer, as many of us have insisted all along) will fizzle and be written off as a failed experiment
IBM's Fresh 'PIPs' (Action Before Layoffs)
At times like these, even once-reputable employers resort to PIPs and other procedures/tricks for denial of workers' rights
Microsoft is a Problem Not Just for Denmark
Every country should consider what Denmark is doing, why Denmark is doing it, and then do the same
The Slopfarms' Self Detonation
If more sites like BetaNews go under, then maybe we can still salvage some of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 14, 2025
IRC logs for Saturday, June 14, 2025
Links 14/06/2025: FDA Changes Priorities, Cassette Data Storage From The 1970s
Links for the day
Gemini Links 14/06/2025: Steam Next Fest and Thoughts on Gemini
Links for the day
Site/Datacentre Maintenance Next Week
speed things up
Bulgaria: GNU/Linux Near 10%
The Bulgarian market seems to be changing
I Never Spoke to BetaNews. But BetaNews Wants to Ensure I Never Will, Either.
Sometimes just the reluctance to talk about it can say a great deal
Throwing Money at Lawyers Can't Stop Us (It Never Did)
Even just trying to censor things can result in the opposite of the desired outcome
Online Search or Large Search Engines Aren't Working Anymore
business models that directly compete with interests of Web users
Holidays and Breaks
I've hardly taken any long breaks since I got married
Danish OpenDocument Freedom
"year of Linux"
Links 14/06/2025: Wars and L.A. Distortion Effect
Links for the day
BetaNews Has More or Less Died After Experiments With LLM Slop, Is Linuxsecurity Next?
It doesn't seem like BetaNews knows what it's doing, let alone what it talks about
Gemini Links 14/06/2025: Historic Ada Design and GeminiSpace.Club to Expire
Links for the day
Links 14/06/2025: India Plane Crash and Middle-Eastern War
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 13, 2025
IRC logs for Friday, June 13, 2025