Bonum Certa Men Certa

Help Extend the Ban on Software Patents in New Zealand to Australia

Sydney Harbour Bridge
Sydney Harbour Bridge



Summary: Head of Microsoft New Zealand steps down, New Zealand permits software patenting only with the "device" trick, and Ben Sturmfels is working to marginalise software patents also in Australia

Last night we caught up with the latest news from IPONZ, the Intellectual Monopoly Office of New Zealand. Basically, software patents are not entirely dead in New Zealand, but the saga ended up a lot better than it initially appeared. And now an Australian petition has been created to replicate the achievement of software developers in New Zealand. As ITWire puts it, "FOSS dev launches petition against software patents":

Close on the heels of New Zealand declaring that software would not be patentable, a Melbourne free software advocate and developer has drafted a petition to press for the same to happen in Australia.

Melbourne developer Ben Sturmfels (below) is soliciting signatures for the petition which, he says, will be personally delivered to Senator Kim Carr, the minister for innovation, Industry, science and research in the current Labor government.

The petition has been launched at a time when the federal government is reviewing the scope of patent law and Sturmfels says it is the right time to push for abolition of software patents. It also comes at the start of a federal election campaign, with Australia going to the polls on August 21.

Last week, New Zealand announced that it would not be making any changes to its Patents Bill which is moving through parliament. Wellington has decided that inventions which have embedded software can be patented, a stance which was welcomed by the New Zealand Computer Society.


The New Zealand Computer Society (NZCS) did a fantastic job against foreign lobbyists (NZICT for example [1, 2, 3, 4, 5, 6]). News items that we have not yet referenced in our coverage are:

i. Software patent about-face gets the thumbs-up

Commerce select committee chairwoman Lianne Dalziel has welcomed a Government change of heart on a controversial amendment to the Patents Bill.

But she warns guidelines that will be developed to accompany the bill could still frustrate the committee's recommendation on software patents.

Commerce Minister Simon Power says the bill, which says that computer programs are not a patentable invention, will proceed through Parliament unamended. The Intellectual Property Office of New Zealand (IPONZ), part of the Economic Development Ministry, will develop guidelines to allow inventions that contain "embedded software" to be patented, in consultation with parties.


ii. Minister Announces No Software Patents

Minister of Commerce Simon Power today announced that further amendment to the Patent Bill is neither necessary nor desirable, and that the insertion of an exception for software would prevail. He has also asked IPONZ to formulate draft guidelines and seek the views of interested parties regarding patents involving embedded software.

The response to this news has been immediate. Paul Matthews of the New Zealand Computer Society writes "Despite what appears to be a big-budget lobbying effort by the pro-patent fraternity, Hon Simon Power announced today that he wouldn't be modifying the proposed Patents Bill hence software will be unpatentable once the Bill passes into law."


iii. Software Patents Bill clause will not be altered

iv. Minister announces way forward for software patent

v. Software patent guidelines on IPONZ agenda

Guidelines rather than a law change will be used to allow inventions that contain embedded software to be patented, Commerce Minister Simon Power says.

The Intellectual Property Office of New Zealand (IPONZ) would develop the guidelines once the Patents Bill passed.

Mr Power said a further amendment to that bill was not needed.

When the commerce committee reported the bill back to Parliament in March it recommended that computer programs not be a patentable invention after submitters raised concerns that would stifle innovation and restrict competition.


vi. New Zealand sticks to anti-software patent guns

vii. New Zealand says no to software patents

New Zealand has decided not to make any modifications to its patents bill and this means that software will not be patentable in the country.


viii. New Zealand law to render software 'unpatentable'

ix. New Zealand Kills Software Patents

x. New Zealand to make software unpatentable

xi. New Zealand bans software patents

New Zealand is passing a law which makes most software unpatentable. The only exception, added yesterday in an amendment, is to allow patents on inventions that contain embedded software.


xii. NZ government makes software 'unpatentable' (for now)

While mulling the bill the committee was inundated with submissions from people opposing the granting of patents for computer programs. They complained that such a move could "stifle innovation and restrict competition," said the NZ government.


xiii. New Zealand To Dump Software Patents Afterall (But Will Allow 'Embedded Software' Patents)

It looks like those reports of NZ politicians backing down may have been a bit premature. Chirag Mehta points us to the news that, despite the lobbying effort, it's been announced that the patent bill will not be changed, thus basic software will remain unpatentable. However, the details suggest that embeddable software can be patented, and there are some concerns that the "guidelines" (yet to be developed) for such embeddable software will be used by some to sneak in standard software patents.

Still, it's good to see New Zealand realizing that basic software patents can be harmful. It sounds like a big help was the fact that the two biggest New Zealand software companies both came out against software patents certainly helped. Orion Health noted that patents generally are "counter-productive" and "are often used obstructively." The company also noted that the " best protection is to innovate and innovate fast." Exactly. Meanwhile, Jade said: "We believe the patent process is onerous, not suited to the software industry, and challenges our investment in innovation."


xiv . Official: Software will be unpatentable in NZ

Yesterday Minister of Commerce Simon Power instructed the Intellectual Property Office of New Zealand (IPONZ) to develop guidelines to allow inventions that contain embedded software to be patented.


xv. Software patent ban moves closer in New Zealand

It's not been a happy time for anti-software patent campaigners recently - with bad news coming in from both the United States, in the form of the Bilski...


xvi. The software patent controversy explained

New Zealand's parliamentary Commerce Committee had recommended that software not be patentable. Last week the country's Commerce Minister Simon Power announced that he'd make no further changes to the Patents Bill. That means no software patents, although inventions that contain software would still be patentable.


One can reasonably suspect that the Managing Director of Microsoft New Zealand is leaving the place partly due to backlash relating to software patents. Microsoft was part of the push for software patents in New Zealand. According to this report, there is agreement that Microsoft had issues locally (many of which we covered).

Ackhurst relinquishes from the shores following a three year period in the top position, which has witnessed some reverses for Microsoft and unsettled times for the local ICT industry as a whole.


Here is where he is heading:

Kevin Ackhurst, Managing Director of Microsoft New Zealand, will be moving to Singapore to take up the position of VP Sales and Marketing for Microsoft.


Sales and marketing. It figures. Nothing technical whatsoever, just like most software patents proponents.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024