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

Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
 
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025