Bonum Certa Men Certa

'IP' People Want to Add Software Patents to New Zealand and Europe

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Another update from New Zealand and interesting developments from Europe, where Spain stands in Michel Barnier's way

THE patent situation in New Zealand currently resembles the situation in Europe. Multinationals and lawsuits-loving lawyers are trying to use or even abuse the system for their own agenda to be advanced and interests promoted at the expense of citizens' (including developers). We find some of these people in Twitter. "Twitterer suggest general dislike of patents is crypto-luddism," writes Carlo Piana, but "It's the opposite: current system stifles innovation. [Software patents] hundredfold so..."



The legal 'industry' in New Zealand has been promoting software patents in New Zealand not because they would be beneficial to the software industry (which overwhelmingly rejects them, based on numerous new polls). Someone called "IPMentor" (probably from the field of law, as the name may suggest) has just gotten this opinion published in the press. It contains many common fallacies in there (mostly easy to spot). To give one example:

The Uniservices conclusion is just about opposite to the MED policy driver behind the current Bill – patents are to be discouraged because their benefits will flow overseas.

And what of the software ban? Well, the select committee has had a bit of a bob each way. The amended Bill bans patents for “computer programs.” But the explanatory note says their intention is not to ban patents for “embedded software” – and then says trying to define the difference between the two was too hard, so the intellectual property office should be left to draft appropriate guidelines.


No, a bill which permits software patenting would have the completely opposite effect because it would put New Zealand in a position of disadvantage, it gives its developers no safety from outside coercion. Ideally, the Bill should not just ban software patents; there are loopholes which need to be closed too, ones involving phrases or depictions like "on a device".

Over in Europe, a debate takes place regarding software patents as well. It seems like Florian was the first to cover it.

I participated in the KnowRiۤht conference in Vienna, Austria, where I was invited on ultrashort notice to give a speech on "Software Patents, Standards & Competition".

The big controversy at that conference clearly related to the future of the European patent (and patent court) system. I will report on that in a later post. Previously I'd like to summarize the outline of intellectual property rights matters on the EU agenda that a European Commission official gave at the conference.

Before I get into details of Dr. Jens Gaster's comments, I have to mention that he pointed out at the beginning of his speech that he was not acting as a spokesman of the institution that employs him (the European Commission) but instead in a personal capacity as a lecturer. It was an academic conference and Dr. Gaster continues to pursue an academic career in addition to his work for the Commission.


There is more here about the FFII's presentation (titled "What's wrong with the UPLS?").

The FFII criticizes that an incredibly powerful, international patent and patent court system would then be able to take controversial decisions while there wouldn't be a single powerful and democratically elected legislator that could correct undesirable developments through new and better laws.

The FFII doesn't mean that the judges themselves should be under democratic control (judges should always be as independent from political bodies as possible) but that there should be a lawmaking body that can pass new legislation related to all aspects of patent law. Even the European Parliament wouldn't be able to do so. It has to share legislative powers in the EU with the national governments of the Member States, and the geographic scope of the UPLS would go beyond the borders of the EU itself.

Critics of the UPLS also have structural concerns, such as over what would happen if such a relatively autonomous court system exclusively specialized on patents and detached from the general judicial framework had to rule on a case in which a party claims fundamental rights under its country's constitution.

[...]

For the event that the European Court of Justices "gives some green light" for the reform initiative, Benjamin Henrion predicts "huge lobbying."


JM Cerqueira Esteves says that "According to PT's INPI, the Norwegian Ind Prop Office is having today & tomorrow a debate on software patents (Except that our INPI uses, of course, the "computer-implemented yada yada" newspeak we're well acquainted with)." Here is the English version of the page.

The primary role of The Norwegian Industrial Property Office (NIPO) is to support Norwegian industry and promote economic growth. Raising awareness and increasing understanding of industrial property rights is an essential element in enabling companies to secure their investments and develop a competitive edge in the global market.


Florian says that the "EC [is] likely to put EU-wide patent plans on hold due to lack of support from Spain" and he points to this new article. FFII's president (Benjamin Henrion) adds or quotes: "No country will allow their companies to be discriminated in profit of Central-EU, US and JP big multinationals."

"The article does not seem to be available online anymore," he told us.

This article says that European commissioner Michel Barnier (he is the "man whose job is to pass anti-Free(dom) software laws," as we put it back in December) regretfully needs "to put EU-wide patent plans on hold" and that he is "frustrated at lack of help from Spain". To quote some more portions: "The creation of the patent has been an economic priority for the EU for ten years, and is a major goal of the Europe 2020 economic growth strategy."

“It is innovation that distinguishes the leading countries from all others.”
      --Miguel Sebastián, Spain's industry minister
That's nonsense. See the presentation from the FFII for gory details about UPLS.

The article says: "Barnier had planned to present the relevant draft legislation on 18 May, in time for a political agreement by industry ministers at a meeting on 25-26 May, the last they will have under the Spanish presidency. But officials said that Barnier was becoming frustrated with Spain's unwillingness to negotiate on the dossier or to prioritise work on it in the Council."

Well, Spain should be congratulated. It is doing the right thing here. As we already know: "Sweden brokered a deal on the specifications for an EU-wide patent during its presidency of the Council of Ministers in the second half of 2009." We wrote about this at the time.

Lastly, Spain's industry minister Miguel Sebastián is quoted as saying, “It is innovation that distinguishes the leading countries from all others.” As everyone ought to know, patents and innovation are not the same thing and what Barnier is proposing opens the door to software patents in Europe.

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day