AfterDawn: News

New Zealand legislators want to outlaw software patents

As part of an effort to update patent law, New Zealand legislators have proposed a bill which would make it impossible to patent software. If it becomes law it would no doubt cause friction with US ACTA negotiators, who are pushing to make software patents standard internationally.

Currently they are recognized in just a few countries, including the US and Japan. Ironically there is a good chance that the court decision which started the software patent mess in the US has recently been reinterpreted, potentially invalidating nearly all of them.



Along with business processes, software has been the most controversial patent subject matter for several years. It's also behind much of the current smartphone patent war. If you own a phone with a touch screen, but not multi-touch, you can thank a software patent for it.

Other notable software patents include Amazon.com's infamous one-click patent for e-commerce websites and Netflix's patent on their queue system.

Written by: Rich Fiscus @ 1 Apr 2010 2:59

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• 18 comments

• scorpNZ

  Holy crap you mean to tell me we actually do have some people with common sense running this country...*thinks to self* "nah no way some how i ended up in an alternate reality"
  

  1.4.2010 03:09 #1

• KillerBug

  these patents lead to terrible products...even from those who make them.
  
  Netflix's queue system is slow and buggy, and Amazon's one-click payment is downright scary...it charges your credit card without even asking something like, "A charge of XX.XX will be charged to the card, is this OK?"
  
  As for multitouch, I can hardly use a regular touchscreen, but it is still annoying that something invented by the panel maker has been patented by a phone company.
  
  I hope that all the BS patents get thrown out...a publicly available idea is not private property.

  1.4.2010 03:33 #2

• bmlshane

  There are cases where someone has developed some piece of software, and someone grabs it and patents it. Also many patents were stolen from someone Else's work. Like a name Ugg Boots, something being sold for many years, a generic name, someone tried to copyright it, so no-one could use the name.
  

  warlock

  1.4.2010 07:39 #3

• joepet200

  Forget California or Seattle, the NEW "leader of the pack" is New Zealand. Hat's off to the common sense they bring to this world.
  For such a small country they can teach the US & EU how government is for the People and not for profit.
  
  Lead and hopefully we shall follow.

  1.4.2010 09:49 #4

• john_swan

  Software patents in the Unites States have costs us millions of jobs in the software industry. New Zealand appears to be the only country doing the right thing.
  
  A Masters Degree in Computer Science in the United States is a worthless because a small software company can not compete with a large software company. The small software company can not survive the legal expenses of software patent litigation. Large software companies have exported software development off-shore which leaves us millions of unemployed people in information technology.
  
  We have some of the best educated people in the world without jobs. I would love to work again.
  
  I worked as Programmer, Senior Programmer, Systems Analyst, software Support Specialist, Hardware Support Specialist, Systems Engineer, Systems Programmer 1, Systems Programmer 2, Systems Programmer 3, Systems Programmer 4, Senior Systems Programmer, Advisory Systems Programmer, Software Engineer 2, Software Engineer 3, Software Engineer 3, Software Engineer 4, Member of Software Technical Staff and now unemployed for 7 years. I have a MS Computer Science.
  

  John Swanson

  1.4.2010 12:48 #5

• SteveNZ (unverified)

  Great to see New Zealand doing something about this crap. ACTA can get Fucked.

  1.4.2010 17:10 #6

• john_swan

  Here is an excercise for software engineers around the world. Design, code and test a posix compliant operating to replace windows operating system without use of the existing 30,000+ software patents.
  
  
  

  John Swanson

  1.4.2010 17:47 #7

• Mez

  Originally posted by john_swan: Software patents in the Unites States have costs us millions of jobs in the software industry. New Zealand appears to be the only country doing the right thing.
  
  A Masters Degree in Computer Science in the United States is a worthless because a small software company can not compete with a large software company. The small software company can not survive the legal expenses of software patent litigation. Large software companies have exported software development off-shore which leaves us millions of unemployed people in information technology.
  
  We have some of the best educated people in the world without jobs. I would love to work again.
  
  I worked as Programmer, Senior Programmer, Systems Analyst, software Support Specialist, Hardware Support Specialist, Systems Engineer, Systems Programmer 1, Systems Programmer 2, Systems Programmer 3, Systems Programmer 4, Senior Systems Programmer, Advisory Systems Programmer, Software Engineer 2, Software Engineer 3, Software Engineer 3, Software Engineer 4, Member of Software Technical Staff and now unemployed for 7 years. I have a MS Computer Science. I feel for you. Programming is a young man's game. I am also out of work trying to hang in there. I may be your age or older.
  
  Patents are pretty much like cap and trade. You screw other countries they will be sure to screw you as best they can.
  
  I am not for ACTA.

  1.4.2010 17:49 #8

• slickwill

  Quote:Patents are pretty much like cap and trade. You screw other countries they will be sure to screw you as best they can.
  
  I am not for ACTA. The Politicians used the Man Made Global Warming Conspiracy to convince the worlds population that cap\ and trade is necessary. But even though they have announced that man mad global warming isn't real, they still say that they going on with the cap/trade and carbon tax scheme.
  
  This is pretty much going to driving the world's economy into a further depression, so those at the top can make lots of money. But the real reason for this is to reduce the worlds population. If you control a countries money, you control their economy, and how much money people have. Reduce the value of money, the less people can buy (food, necessities to live) and people start dying off.
  
  Their plan is to reduce to worlds population to buy 85 to 90 percent or as low as 500 million people. Of course the process they are using is slow, so the majority of the population will not notice, and by the time everyone does notice, it will be to late....unless we try and wake up everyone around us.

  1.4.2010 21:38 #9

• borhan9

  Well i hope this goes through and Australia follows Suite :)
  

  Edited by DVDBack23
  
  
  "the mediocre teacher tells. the good teacher explains. the superior teacher demonstrates. the great teacher inspires."- William Aruthur Ward

  1.4.2010 22:16 #10

• KillerBug

  "But the real reason for this is to reduce the worlds population. If you control a countries money, you control their economy, and how much money people have. Reduce the value of money, the less people can buy (food, necessities to live) and people start dying off"
  
  Why would the intentionally kill off their slaves? They just want everyone at the poverty level, but still able to break their backs working for them. This is why all the jobs are moving overseas...they can pay just enough to keep someone from starving to death.
  
  john_swan - http://www.immigration.govt.nz/

  1.4.2010 23:04 #11

• john_swan

  This agreement may not hold any water in the United States. Congress must ratify a treaty between nations. Should the President sign the agreement without the consent of Congress he would be impeached.
  

  John Swanson

  1.4.2010 23:23 #12

• pmshah

  Originally posted by joepet200: Forget California or Seattle, the NEW "leader of the pack" is New Zealand. Hat's off to the common sense they bring to this world.
  For such a small country they can teach the US & EU how government is for the People and not for profit.
  
  Lead and hopefully we shall follow.
  
  I think there is a spelling mistake in your post. I read it not as "profit" but "profiteers" ! Now it made perfect sense.

  2.4.2010 00:25 #13

• pmshah

  Originally posted by john_swan: Software patents in the Unites States have costs us millions of jobs in the software industry. New Zealand appears to be the only country doing the right thing.
  
  A Masters Degree in Computer Science in the United States is a worthless because a small software company can not compete with a large software company. The small software company can not survive the legal expenses of software patent litigation. Large software companies have exported software development off-shore which leaves us millions of unemployed people in information technology.
  
  We have some of the best educated people in the world without jobs. I would love to work again.
  
  I worked as Programmer, Senior Programmer, Systems Analyst, software Support Specialist, Hardware Support Specialist, Systems Engineer, Systems Programmer 1, Systems Programmer 2, Systems Programmer 3, Systems Programmer 4, Senior Systems Programmer, Advisory Systems Programmer, Software Engineer 2, Software Engineer 3, Software Engineer 3, Software Engineer 4, Member of Software Technical Staff and now unemployed for 7 years. I have a MS Computer Science. You are right. This makes perfect case for Linux. Everything is open source. Money is to be made only by way of support. This will be spread just like the businesses that need it - which ARE spread across the country. No concentration in the Silicon Valley, nor off shoring of the support services. One would NEED to be present at the actual work site!

  2.4.2010 00:31 #14

• pmshah

  Originally posted by slickwill: Quote:Patents are pretty much like cap and trade. You screw other countries they will be sure to screw you as best they can.
  
  I am not for ACTA. The Politicians used the Man Made Global Warming Conspiracy to convince the worlds population that cap\ and trade is necessary. But even though they have announced that man mad global warming isn't real, they still say that they going on with the cap/trade and carbon tax scheme.
  
  This is pretty much going to driving the world's economy into a further depression, so those at the top can make lots of money. But the real reason for this is to reduce the worlds population. If you control a countries money, you control their economy, and how much money people have. Reduce the value of money, the less people can buy (food, necessities to live) and people start dying off.
  
  Their plan is to reduce to worlds population to buy 85 to 90 percent or as low as 500 million people. Of course the process they are using is slow, so the majority of the population will not notice, and by the time everyone does notice, it will be to late....unless we try and wake up everyone around us. I think you go it all wrong. Nobody is interested in reducing the world population. Take example of my country - India.
  
  They reduced infant mortality rate by providing basic health service without any provision of corresponding reduction in fertility rate. As a consequence the population is exploding at compounded annual rate of 2 %. So now you have a half starved labor force of all variety working for a pittance for the rich.
  
  You provide some semblance of health services and medicines to African countries resulting in population growth. As a consequence amount of food available on per capita basis goes down. Then you provide them with high cost food grains as a barter for their natural resources at throw away price.
  
  Ultimately everything boils down to Money luxurious life style for the big shots at the expense of the poorer nations. No my mistake for the fortune 500 guys!

  2.4.2010 00:54 #15

• Jemborg

  Originally posted by bmlshane: There are cases where someone has developed some piece of software, and someone grabs it and patents it. Also many patents were stolen from someone Else's work. Like a name Ugg Boots, something being sold for many years, a generic name, someone tried to copyright it, so no-one could use the name. I think they DID, I remember mum and pop businesses going to the wall over that, it was shameful. Being an Aussie I lived with Ugg boots for decades, it was the common name we gave to sheepskin boots. Then wacko, "we're a US company that owns that common word now!". WTF? They, in effect, stole the name, rather than make up their own. Can I sue a US company if their product was the same as my surname, don't I own my own name? Can I sue Smith's Chips if my name was Smith? They're MY Chips I say!! It's like when that cashed-up trollop Paris Hilton patented the catchphrase "that's hot" like she coined the expression!
  
  It's always struck me as odd that software, unlike hardware, is the only thing that can somehow legally completely disown responsibility for itself. It can be an utter piece of crap and destroy your personal records... but hey, it's your problem. There may be good reasons for it but under the circumstances, since they won't vouch-safe it, they shouldn't be allowed to patent it.
  

  Its a lot easier being righteous than right.
  
  
  

  2.4.2010 11:58 #16

• Mez

  Originally posted by pmshah: Quote:
  The Politicians used the Man Made Global Warming Conspiracy to convince the worlds population that cap\ and trade is necessary. But even though they have announced that man mad global warming isn't real, they still say that they going on with the cap/trade and carbon tax scheme.
  There was a three year stretch where the Greenland ice cap was losing ice cap the size of the state of Texas. That was not a hoax. I don't pretend to know what happened but it is foolish to believe it was a hoax and it is business as usual.

  2.4.2010 15:52 #17

• bmlshane

  Like the Song by The Who, won't get fooled again. Meet the new boss, same as the old boss. New World Order is gaining momentum. Like the saying, if the choice is money, or power, choose power. More and more regulations, DRM in games, Games with DRM now need an internet connection to work, inability to buy some games second hand now, paying to use your game consoles web site to play games, and having to pay inflated prices for content,etc, etc. New Zealand is looking more attractive.
  

  warlock

  4.4.2010 05:16 #18