Bonum Certa Men Certa

New Zealand and Europe Should Both Actively Fight Against Software Patents

Kiwi



Summary: The lobby for software patents is very much alive in New Zealand and Europe

WHEN it comes to software patents, the situation in Europe is similar to the problems encountered in New Zealand ("embedded" trick which is back to the headlines), caused in part by lobby/front group NZICT. It lobbies for the interests which are opposite to New Zealand's by trying to encourage acceptance of software monopolies, mostly those from the United States. This lobby group is preparing a webinar, sponsored by the likes of Microsoft and IBM (which sponsor NZICT). To quote:



NZICT is gearing up to host a free webinar on February 15th over the revision of software patents and IPONZ’s guidelines.

In March last year, the Commerce Committee recommended that computer programs should not be a patentable invention.


Citizens of New Zealand ought to challenge these events whose purpose is to stage a tilted debate in hope of subverting the country's patent law, primarily by influencing IPONZ (Intellectual Property Office of New Zealand). They should learn from the trouble in Europe. "EU study advocates criminalisation of patent infringements," writes the FFII today, "[b]ut the EU study fails to prove IP criminal measures are essential" (the companies want a deterrent as such).

The FFII adds: "Would we like to see Steve Jobs behind bars? Or Doctors Without Borders?" Watch this summary about the EU plot as of late:

A study commissioned by the European Commission advocates the abolition of the national prosecutor’s discretion whether to prosecute and how to charge the defendant. It also argues in favor of a European criminal court and for the criminalisation of patent infringements. This is the study that paves the way, or should have paved the way, for EU intellectual property criminal measures. We observe that the study fails to prove EU criminal measures aimed at ensuring the enforcement of intellectual property rights are needed. Incidentally, this also indicates that the EU is not competent to ratify the Anti-Counterfeiting Trade Agreement’s criminal measures. Futhermore, criminalisation of patent infringements is a very bad idea. In the software sector, there are so many patents, infringement is often unavoidable. It may also endanger access to life saving generic medicine.


Glyn Moody calls it the "criminalisation of patent infringements," which he in turn labels "insane".

A patent attorney from Europe reveals more odd behaviour from the EPO. It's in his blog post whose pointers appear to have been broken. Well, maybe the EPO had a change of heart, who knows?

Today, the European Patent Office (EPO) has made available (@EPOorg on Twitter) a second edition of An overview of the national patent litigation systems in Europe available for download on-line. The text provides an overview of the national patent litigation systems across the European Patent Organisation's 38 Contracting States and presents an at-a-glance description of the different national revocation, nullity and infringement procedures currently in place. The competent courts dealing with these matters at first instance and appeal are also depicted.


Another European lawyer, Carlo Piana, says one should "[r]ead (pdf) http://ur1.ca/35e4f if you still think that #swpats [software patents] promote innovation."

With news that WebSafety "today announced that it now supports two new Android tablets for the company's patent-pending software application," it has become rather clear that the United States chooses to put software patents even in Linux-powered platforms. This leads to incompatibilities of all sorts and JDA reports "records in Q4", reached in part using "trial against Oracle over software patents". From the news:

JDA ended the quarter and the year with $171.6 million in cash, which it is clearly going to need more of if this ruling in the Texas courts regarding Dillard's sticks. JDA boosted its reserve for this judgment from $5 million to $19 million, reflecting what it now thinks the likely settlement to be based on preliminary mediation talks with the store chain. The trial against Oracle over software patents starts in March. JDA expects both cases to burn about $10 million in 2011.


Welcome to Texas, where patent trolls roam. In relation to the i4i case, Red Hat sent filings in support of abolishing such American patents and here comes another statement from the company:

Red Hat, Inc., a provider of open source solutions, continued its efforts to improve the U.S. patent system and to challenge poor quality software patents.

Red Hat joined a group of companies in an amicus brief to the Supreme Court which explained that the burden of proof applied to invalidate patents impedes innovation and should be changed.


Software patents threaten Red Hat's business, which is mostly based in the United States where software patent foster a large community of patent trolls. Europe and New Zealand should avoid descending upon the same chasm.

Recent Techrights' Posts

Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
 
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026