Bonum Certa Men Certa

Why Justin Simpson is Wrong About Software Patents

CEO and Patent Attorney at Billtrader Pty Ltd



Summary: Yet another boring article lectures us on why software patents are ever so wonderful, based on people who make a living from software patents without having written any software/code

TECHRIGHTS already wrote/published a lot of articles about why software patents are bad. I've been writing on the subject since a decade before Alice/35 U.S. -- i.e. when the U.S. Patent and Trademark Office (USPTO) had to begrudgingly accept that software patents almost always perish in American courts; the same is happening in European courts, never mind if the EPO promotes software patents in Europe under the guise of "AI", "4IR", "ICT", "CII" "Blockchain", "IoT" and all sorts of other ridiculous buzzwords.

"It's some new (albeit tiring, repurposed) propaganda from Justin Simpson."We were therefore a little curious to see a CEO and Patent Attorney at Billtrader Pty Ltd (small firm) publishing this piece titled "A new type of patent: the software patent"; Australia's litigation 'industry' has been writing more and more about it lately (see this index of articles), but this one page is 15MB in size (yes, 15 megabytes for just a few paragraphs of text; very bad implementation). It's some new (albeit tiring, repurposed) propaganda from Justin Simpson. Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let's just break apart two consecutive paragraphs and dissect these.

"Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let's just break apart two consecutive paragraphs and dissect these."Simpson wrote: "Software has value. Google, Facebook, and Amazon are software companies."

Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?

"Their core value is created by the clever software they have built."

Software that is covered by copyrights and is often kept secret (proprietary) anyway. The above three companies very rarely use patents to sue, unlike IBM and Microsoft.

"Those three companies alone are worth nearly $2 trillion. That’s nearly double the GDP of my home country, Australia."

"Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?"Is he trying to imply that it's the patents that add up to value? Putting aside the fictional aspects of these speculative valuations...

"So why is it that software is not patentable?"

Well, because empirical evidence does not support claims that they're needed for innovation and copyright alone already covers the need. There have been a lot of studies about it (scholarly, too).

Here is his explanation however:

"The reason is that the courts must base their decision on existing laws and past cases that were written well before software was invented. Laws that could not have envisaged the nature and role software plays in modern society."

Similar arguments are being made for patents on life and nature. Will he defend patents on human beings too? Or seeds?

"Articles like these have become common and they're always pretty shallow."These boring old arguments (nothing novel about them; every sentence or paragraph is dingo droppings) aren't going to sway or convince anyone but the target audience of the site, with its patentism (like a religion revolving around worship of patent monopolies).

So the bottom line from Mr. Simpson is, make software patents possible and "bam!" Suddenly the GDP of Australia will be tripled. Right? It's all about him looking for more clients (more billing opportunities), earning at the expense of people who actually write code.

Articles like these have become common and they're always pretty shallow. Pure marketing (shameless self-promotion).

Recent Techrights' Posts

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
 
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
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
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