Bonum Certa Men Certa

As the Battle to Legitimise Software Patents in New Zealand and Europe Carries on, New Systemic Corruption Found

French politics
Image by Alain Fontaine



Summary: A roundup of stories from battlegrounds for software patents "as such"

Over the years we wrote quite a lot (relative to the size of the nation) about software patents in New Zealand, where patent lawyers have been fighting/waging their PR war against software developers; local lawyers fought alongside companies like IBM and Microsoft with their lobbyists (other lawyers). Some firm called "Shelston IP" continues this PR war (warping public perception) in Lexology by advancing the pro-software patents stance. To quote:



In? Out? Either way, talk of software patents has dominated discussion of the New Zealand Patents Bill for several years, causing unfortunate delay for a much needed update to New Zealand patent law. However, resolution may be on the horizon. Following fierce lobbying by many in the New Zealand IT sector, the Government has announced a new proposed amendment to the Bill, hailed by some as an effective end to software patents in New Zealand. The reality? Unsurprisingly perhaps, much less clear cut.

[...]

n the latest development, the Government has proposed a new replacement provision, which keeps a prohibition on patents for computer programs “as such”, but includes two further clarifying principles. Firstly, a claim in a patent (or application) relates to a computer program as such, if the actual contribution made by the alleged invention lies solely in it being a computer program. Secondly, a series of factors are set out, which must be taken into account in identifying the actual contribution made by the alleged invention. Therefore it is the nature of the “actual contribution” which the invention makes to the existing art which will be the touchstone for determining patentability. If such contribution arises solely from a computer program, it will not be patentable. If the contribution is judged to arise from another aspect of the invention, it will be patentable.

[...]

At a commercial level, the decision to take a significantly narrower path in New Zealand than in Australia, may have real implications for New Zealand software developers who find that software which does not infringe any New Zealand patents, may infringe Australian patents when marketed there. We may also find that over time, the much debated question of whether software patents stifle or encourage innovation, is answered by a geographical shift in the Australasian industry, one way or the other.


Factually (barring omissions) there is something to it, but it is biased for being too selective. The reality is, software patents were explicitly demoted in this island this year [1, 2, 3].

Microsoft-friendly companies like Centrify can carry on boasting their Microsoft-taxed products (Active Directory patents) and try to sell them in places where software patents are not legitimate, hoping the public will not recognise the injustice. This a FRAND-type loophole. See the TomTom case involving FAT patents in Europe, where the "as such" loophole still exists (albeit under fire). European patents may use FAT patent legitimisation in Germany (where some silly politicians still do their thing this week) although it is now a dubious patent.

Over in Germany right now, Jimmy Schulz is doing fine work to extinguish software patents and the FSFE has this update in English:

Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament's decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. "Germany now has to implement this decision in law, to send a strong signal towards Brussels," says Johannes Sommer of BIKT, one of the associations.

At an expert meeting in the Parliament on 13th May, in which FSFE also participated, industry associations BIKT and BITMi proposed changes to German copyright and patent law. These proposals would also affect software patents which have already been granted. The first proposal is to add a "protective shield" clause to German copyright law , introducing a blanket ban on the enforcement of patent claims with regard to software. The second proposal to be implemented in German patent law makes sure that the effect of patent claims shall not extend to works protected independently by copyright. Both proposals would prevent that patents on software can be enforced against software developers. The FSFE supports both proposals.


"Matthias Kirschner, of the free software federation said the move is an important step to fix the software patent insanity,"says one news site. Thom Holwerda covered that as well.

Recently, one route to legitimising software patents has been the unitary patent. Spain was blackmailed for the unitary patent and there was a lot of apparent corruption in the attempt to ruin policy against software patents in Europe

According to this curious update, the swindle goes round:

Action brought by Spain against the Regulation on the unitary patent calls the judiciary character of the Boards of Appeal of the EPO into question.


My letter to them hardly made a difference.

Based on this link from Gérald Sédrati-Dinet (April, source), the "#CJEU interpreting UPC shows that #EU has exclusive competence over #UPC (unitary patent court) which is then illegal"

There are other conflicts [FR, EN] revealing entryism of sorts. To quote, "don't forget: presented by a senator @SenateurRYung who was a former director at EPO" (the EPO is corruptible).

Richard Yung is one of the politicians who come from the patent system, then doing the lobbying (we covered other examples. As put here, "to be sure, Senator Young is a former director of EPO"

“I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead”
      --Benjamin Henrion
Dan Gillmor incorrectly says here in The Guardian that software patents are in a state that they're not in. He is corrected with the statement: "Europe is unfortunately far away from excluding Software Patents" (just not endorsing them). The FFII's president, Benjamin Henrion, says: "I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead #backdoor"

When even companies that pretend to like FOSS are collecting software patents we remain stuck between large American corporations that spy on us and gain monopolies on algorithms. It is a sad state of affairs, but that's just where we are.

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
 
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026