Bonum Certa Men Certa

Patents Providing Protectionism, Not Beneficial Protection

More patents, decreased liberty

Statue of liberty



Summary: In these special days in which independence is celebrated, we emphasise the relevance of patent monopolies when it comes to the small and oppressed

LONG weekend in the States (Independence Day) cannot provide an escape from bad laws, which continue to make citizens of the US dependent on corporations with monopolies at the USPTO (respected by the government but less so by voters, who are constantly bombarded by brainwash about patent 'protection' and promises of "innovation"). TechCrunch deserves some credit for being sceptical of software patents, despite being based in the US and now being owned by America Online. In this new article it has the following to say about patents, spoiling a lot of the previous opinion pieces by implying a correlation between patents and innovation where patents have mostly been used for trade barriers from the West (keeping the East back and away from Western knowledge). It says:



The central question of our time is whether this will be China’s century or India’s. (Assuming that the notion of nation-states survives, which seems likely, there aren’t really any other contenders; China and India contain nearly half of humanity, and both are well on their way to economic superpower.) I admit that right now it might not seem much of a contest. China is more populous, already a decade ahead of India in terms of economic development, growing faster, and—measured by patents—far more innovative. In China, achievements are accomplished at the behest of the government; in India, things somehow manage to get done despite the government.


China has mostly ignored some copyrights from the West, at least when it comes to enforcement. This is changing. Also, as we started explaining some years ago, the attitude towards patents over there is changing and China can conceivably threaten the West with its homegrown patents one day. It is all just a matter of whose patents these are and the whole game is just a matter of mutually-assured destruction. A large country like China, where the number of Internet users already exceeds that of the States, building a mountain of patents might make sense. It helps eliminate the USPTO deterrence , just like the USSR in the days of the Cold War. For small countries -- just like small companies -- patents make no sense because they can easily be crushed by the large companies/countries.

Understandably, in the small nation of New Zealand, there is a strong fight from NZ business to repel and turn away software patents. NZOSS (our heroes) makes a statement to rebut the propaganda from companies like Intel and Microsoft: [via Glyn Moody]

The Ministry of Economic Development has published the submissions in relation to the draft guidelines on for the Examination of Patent Applications Involving Computer Programs discussion document. The call for submissions was clear that this was not an opportunity to revisit the decision to exclude software patents, saying “"In releasing the draft guidelines for comment, it is not intended to re-open the debate regarding the patentability of computer programs, or whether an amendment should be made to clause 15(3A). This consultation exercise is intended to ensure that IPONZ gives proper effect to the provisions of the legislation, taking into account of the intentions of the Commerce Select Committee, in a manner that is likely to find support from a New Zealand court."

There were in excess of thirty submissions, primarily by the legal community, including patent lawyers and legal societies. There were also a few manufacturers and international business lobby groups. While the majority of these submissions were critical of the proposed exclusion of software what was notable by it's absence was a single submission by a New Zealand owned commercial software development company.

By far the largest number of submissions were received from patent lawyers who may see the exclusion hurt their practises. An exclusion of software patents would in a single stroke eliminate the risk of patent infringement for New Zealand software development companies. It is understandable that those earning a living from patent litigation would be opposed. While it may be understandable it is not desirable to follow a path leading to increased litigation like experienced in the United States.


Here is a new article which puts this problem in perspective by stating:

The wireless industry has experienced a wave of legal patent battles in recent years as long-established incumbents try to protect their position against newcomers.


Sadly, this article quotes a lobbyist as though he is an independent voice without clients. It's tilted against Linux to an extent because companies other than Google are also affected. In this case, Microsoft for example wants to use patents to extort Android because Windows Phone 7 gets no more than 1 in a hundred sales, which is laughable (in its home country, too). To quote:

SOFTWARE DEVELOPER Microsoft has managed to get just one per cent of the US smartphone market in the quarter ended May 2011 with its Windows Phone 7 (WP7) operating system.

Nielsen has published its US smartphone sales figures that show Apple's IOS continues to grow, Google's Android, albeit having an overall market share lead, remaining stagnant, and Microsoft's WP7 operating system managing just one per cent of handset sales. Microsoft's dead Windows Mobile operating system still has nine per cent market share, however that is unlikely to comfort Microsoft as it wants consumers to move to WP7.


Nowadays, Microsoft is busy trying to tax those who do sell phones. How can software patents be defended in light of this? It takes a paid lobbyist to defend this.

Comments

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026