Bonum Certa Men Certa

New Zealand Bill Which Denounces Software Patents Still Permits Them, Just the Beginning of a Solution But Not the End

New Zealand's geographical landscape still far better than its patent landscape

New Zealand landscape



Summary: Reservations against excessive optimism that lead to passiveness and apathy; a loophole for software patenting in NZ (same as in EU) remains in tact and the Bill is not yet passed, leaving time for further amendments

The debate over software patents in New Zealand will not be finished by a Craig Foss admission that has was wrong. For one thing, the new Bill has not been signed yet; moreover, loopholes remain for patenting software in the island. One report sarcastically says that NZ had to ban software patents twice, not just once. To quote: "The software patentability row in New Zealand, which broke out last August over the wording of new patent legislation, seems to have been settled with the release of new legislation by the government.



"For one thing, the new Bill has not been signed yet; moreover, loopholes remain for patenting software in the island.""In a move that's been welcomed locally by the IT industry, the government has clarified the original intention of the legislation, that software alone should not be patentable."

This other report gives not the full story, but being Forbes, we don't have high expectations to begin with. It says: "In a bill passed earlier today, the Government of New Zealand announced that software in the country will no longer be patentable. New Zealand’s largest IT representative body, the Institute of IT Professionals, expressed relief and said the decision removed a major barrier to software-led innovation."

Here is the Supplementary Order Paper, which InternetNZ welcomes. To quote: "InternetNZ (Internet New Zealand Inc) welcomes today's tabling of a Supplementary Order Paper (SOP) that makes it clear that computer software is not patentable in New Zealand."

This is tabled, not passed. Moreover, explains Glyn Moody, the "as such" loophole remains and to use his own words: "Given all the problems with the phrase "as such", it would have been easier to omit it completely, rather than resort to well-meaning but necessarily limited attempts to clarify it through examples."

Here is IDG's report and another from a local competitor with no US ties. There are many reports which emphasise the bill has not passed yet (the corporate press got it wrong). Here is a particulary good report from a very bright reporter.

Is the US next? Unlikely, not any time soon! The USPTO still enjoys the consent from large corporations that run the nation, so trolls (small entities) are the only element primed for abolition. But a group of VCs, including Brad Feld, is still working on real reform -- a reform which tar gets software patents. To quote Feld: "Fred Wilson, Brad Burnham, Jason Mendelson, and I have been talking about the problem of software patents for a long time and Fred brought it up again today on his blog in a post titled Piecemeal Patent Reform. It’s nice to see Senator Chuck Schumer proposing a simple yet powerful solution to part of the software patent problem."

Schumer, whom we mentioned the other day, is one of the few who actually do this correctly this time around (not like his last time [1, 2], this time he is not running just after trolls). Let's support his endeavour.

Recent Techrights' Posts

Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
Giving the False Impression That the R blogosphere is Microsoft's Microcosm
Curation that culls "astroturfing" isn't censorship but quality control for relevance
 
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)
Gemini Links 21/07/2024: Last of Old Computer Challenge and Forth Language
Links for the day
Links 21/07/2024: Climate, Politics, and More Squashed Patents
Links for the day
Only a Quarter of Web Requests in Micronesia Traced Back to Microsoft Windows (It Used to be Well Over 95%)
Micronesia has over half a million people in it
Your F.U.D. is Already Showing, Microsoft
That talking point is quickly spreading so that CrowdStrike discussions become about "Linux" instead of Windows
Andrew Feinstein on Why Freeing Julian Assange is About the Freedom of the Press in General
Feinstein points out that truth itself is being challenged by people who value power, not truth, and typically seek to do things like sell arms and start proxy wars
In Palau, Windows Has Fallen to 16%
15 years ago Windows was at 98%
Gemini is Blossoming and More Capsules Are Self-Signing, Rejecting the Defunct and Falsely-Marketed Certificate Authority (CA) Model
Gemini is still very fast, not only because objects are lightweight but the protocol itself - i.e. the underlying logic - is as simple as it needs to be and only as complex as it must be
Gemini Links 21/07/2024: New Garden and New Gemini Arrivals
Links for the day
Links 21/07/2024: Extreme Heat and Fortescue Layoffs
Links for the day
GNU/Linux Lifted Up 0.03% Closer to 4.5% "Market Share" (or 50% More Than a Year Ago)
How many businesses and homes are permanently giving up on Windows after recent days' events?
High Adoption Rates for GNU/Linux in Albania, According to statCounter
Albania has been a central point of some GNOME and diversity scandals
It'll Soon Be Half a Decade Since COVID-19's Breakout, We Still Need Verified Facts (Not Corporate Dogma) and Proper Media Reporting
COVID-19 has meant different things to different people
For the First Time, Microsoft's "Market Share" in North Macedonia Falls to Only a Quarter
Microsoft only has Windows
Evan Versus Julian
Published by Julian Assange's wife some hours ago
What The Internet Can Achieve When Put in the Hands of the Good People and Not Censored by the People Who Already Control the Mass Media
albeit Wikileaks put that in social control media owned and controlled by oligarchs
IRC Proceedings: Saturday, July 20, 2024
IRC logs for Saturday, July 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Hate Speech
This is also what makes TikTok so dangerous
Shark-infected Water on the Web
Don't turn Gemini into another "Web"
OpenHarmony, HarmonyOS Next, Deepin, Kylin, and openKylin: How China's Various Manoeuvres Away From Windows Get Covered in the West
Kylin was openly based on Ubuntu
WikiLeaks Wonders: Major Leaks That Shook the Worlds
Published 14 hours ago
No Outage Here
Microsoft seems to have lost control of the narrative
Links 20/07/2024: Tesla's UK Lawsuit for 5G Patents Licence Thrown Out by UK Court, Censorship Examples Surface
Links for the day
Gemini Links 20/07/2024: Why Sleep Is So Important, Bot Problems Online
Links for the day
[Meme] Truth Hurts
"Saying that I physically assaulted women is 'defamation'"
Techrights Turns 18 in About 3 Months
Nothing can stop us
When (Software) Freedom is the Goal
Freedom of thought also
Expect Many More Microsoft Layoffs After the Latest Windows Outages (Bonus: More Media Says Microsoft Has Cut Half the Staff in Nigeria)
after the latest worldwide blunder we can expect many businesses to gradually ditch Windows
Microsoft Has Managed to Make GNU/Linux Users Scared of Updating Their GNU/Linux PCs (Thanks to UEFI 'Secure' Boot's Boosters!)
How many people know who's responsible for this mess?
Today GNU/Linux Broke All-Time Record in statCounter Again
Expect more people to hop over to GNU/Linux after the Windows fiasco
Joab Jackson and "The New Stack" Publishing Microsoft Spam (E.E.E. Against Linux) for a Payment From Microsoft
It's not a real news site
Links 20/07/2024: Patents on Software Squashed, Further Attacks on Independent News Sites
Links for the day
Links 20/07/2024: Shopping Mall in Southwestern China and New Health Crises
Links for the day
Microsoft/Windows Has Fallen Well Below 1% (Now 0.7%) in American Samoa
statCounter Sees Microsoft Windows at Below 1% in American Samoa
The Thelio Mega Is a Dual-GPU Linux Supercomputer
System76 sells many desktops and laptops built to run Linux. The company has now revealed its new high-powered Linux desktop, the Thelio Mega
[Meme] "System of a Down"
The latest international catastrophe kills people
Geminispace Growing and Getting More Free (Independent)
Because self-signed certificates are the way to go
Why Microsoft is Laying Off So Many People in Nigeria
Nigeria is a place Microsoft has lost
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 19, 2024
IRC logs for Friday, July 19, 2024
Gemini Links 20/07/2024: Gopher Catchup and Old Computer Challenge
Links for the day