Bonum Certa Men Certa

New Zealand's Software Industry Under Attack by the 'Patent Leeches'

Anand Satyanand
New Zealand's Governor-General Anand Satyanand.



Summary: Leeches in suits are trying to block a policy that would enable Free software developers to build the country's infrastructure in peace

LAST week we wrote about New Zealand's admirable prospective law that would forbid the patenting (make-believe 'ownership') of mathematics encoded as algorithms. It only makes sense and it agrees with the wants/desires of software engineers, who realise that copyright law protects their work and does not ever lead them to accidental infringements (unless they merge external code that they do not recognise).



“All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents”
      --Benjamin Henrion, FFII's president
There are two types of people who can conceivably protest against such sane laws; one is the person who works for the meta-industry that's making money by taxing software developers (software monopoly tolls can principally be patent trolls or law firms) and the second is the person who works for a company that monopolised an area of computing and is now trying to block any entrants from entering the same market/s.

Here is the latest report about the "software patent ban" that New Zealand plans to put in place. "All the big guys are flying to New Zealand to send their lobbyists and patent lawyers to lobby for software patents," says the president of the FFII (Europe) and IDG has just published this article about the role Microsoft plays, along with other developers of non-Free software (which does not respect its users' rights):

The New Zealand Open Source Society is expecting powerful interests to bring pressure on the government to reverse plans to exclude software from patent protection in New Zealand.

In a post on the NZOSS website yesterday, vice president Peter Harrison applauded the Commerce Select Committee's recommendation to exclude software from patent protection and responded to critics of the proposal.

"In all honesty it was very unexpected that we would be able to change the direction of this legislation. That we have put forward a argument that was sufficiently compelling means our hard work over the last several years has indeed born fruit," Harrison says.

[...]

In response, Harrison says many members who also develop proprietary software support the exclusion and patents are harmful to all software development houses.


They already have copyrights. Harrison was not alone though; Ken Moon from A J Park (which describes itself as "New Zealand’s leading intellectual property firm") wrote this piece on the first of April. At first sight I was certain it was a joke (April's Fool), but upon closer inspection it turned out to be serious in tone. It also says: "The US allows patents for all types of software inventions and the distinction is irrelevant, but the UK, following the European Patent Convention, does draw a distinction and only excludes from patentable subject matter computer programs “as such”. This wording was specifically to allow patents for embedded software."

“A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice).”Here in the UK we have Brimelow's arrogance to thank for that [1, 2]. Microsoft's Marshall Phelps said that the EPO "can’t distinguish between hardware and software so the patents get issued anyway." Brimelow essentially let Microsoft exclude or sue Free software in Europe and even though she is leaving, the damage she did is here to stay (for now).

Anyway, New Zealand is in a position that's similar to that of Europe. A loud minority of monopolies/monopolists, their lobbyists, and the lawyers whom they pay are trying to make everything under the sun patentable (and thus a monopoly protected by law, not just practice). Here is a development from yesterday's news:



If this is "innovation", then innovation is not such a wonderful thing.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails