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Software patents â left vs right again?
,----[ Quote ]
| The software patent debate is opening old
| sores associated with the change of
| government and governmentâs interface with
| the ICT industry.
|
| A question that runs through or subtly
| underlies comments on the controversy in
| several online forums, is to what extent
| the NZICT Group represents New Zealandâs
| ICT industry and customers.
|
| The Labour-led government set up the
| Digital Development Council (DDC) and
| Digital Development Forum (DDF) as an
| umbrella for ICT developer and user
| communities â TUANZ, InternetNZ, the NZ
| Computer Society and so on.
`----
http://computerworld.co.nz/news.nsf/news/software-patents-left-vs-right-again
Software patent debate rages on
,----[ Quote ]
| The question of software patents looks
| unlikely to go away soon, with significant
| lobbies forming on both sides and a wealth
| of comment in live forums, letters to the
| Minister by InternetNZ and the NZ Computer
| Society, in Computerworldâs own online
| comment space and on Twitter and Slashdot.
|
| Official bodies and individual
| commentators are not easily letting go of
| an apparent reinterpretation of a Select
| Committeeâs wishes regarding a clause
| excluding software from patent in the
| Patents Bill. In some quarters the
| argument is sliding over into one of
| openness in the legislative process and
| who truly represents the local ICT
| industry.
|
| Committee member and Labour ICT
| spokesperson Clare Curran is uncomfortable
| with what she calls the ârevisitingâ of
| the clause. At last weekâs OpenGovt2010
| âunconferenceâ she cited the incident as a
| good example of how the lawmaking process
| is sometimes less than open or
| transparent. She referred to âhow
| legislation gets made and the discussions
| that go on behind closed doorsâ â
| discussions that should, she said, âhappen
| in a more transparent environmentâ.
|
| [...]
|
| NZICTâs most prominent members are
| multinational ICT companies, like IBM and
| Microsoft â companies used to having their
| intellectual property stringently
| protected.
|
| [...]
|
| In its own letter to Power, InternetNZ has
| called for the âchangesâ in the Patents
| Bill on software to be referred back to
| the select committee, with an opportunity
| for further input by âthose who originally
| made submissionsâ. Ironically, this would
| cut out NZICT, who did not make a
| submission. To get a representative point
| of view the committee may be forced to
| open submissions more generally.
`----
http://computerworld.co.nz/news.nsf/news/software-patent-debate-rages-on
Mozilla And Software Patents In New Zealand
,----[ Quote ]
| Mozilla produces the Firefox Web browser,
| used by more than three hundred million
| people around the world. Firefox is open
| source and is the result of a
| collaboration of a large group of paid
| developers and volunteers. In fact,
| Mozilla funds a team of paid developers in
| New Zealand working on core Firefox code;
| some key innovations in Firefox, such as
| HTML5 video, are the work of our New
| Zealand team. The work we do is some of
| the most highly skilled and high-impact
| software development to be found anywhere
| in the world. I write about software
| patents in my personal capacity as one of
| Mozilla's senior software developers, and
| manager of our Auckland-based development
| team and also our worldwide layout engine
| team. I also formerly worked for three
| years at the IBM T.J. Watson Research
| Center where I participated in the filing
| of several software patents based on my
| research.
|
| [...]
|
| The patent system was designed to promote
| invention and especially the disclosure of
| "trade secrets" so that others can build
| on them. Research casts doubt on whether
| it has succeeded at those goals (see an
| example), but even if it did, in software
| development --- especially open-source
| software development --- it is clear that
| no patent incentive is needed to encourage
| innovation and publication of our work.
|
| [...]
|
| Software development is uniquely able to
| have huge impact on the world because
| copies can be made available to users for
| free. If we had charged users for each
| copy of Firefox there is no doubt we would
| not be nearly as successful as we have
| been, either at changing the world or even
| at raising money --- Mozilla has
| substantial revenues from "tie-ins" such
| as search-related advertising. The patent
| system threatens this business model,
| because most patent licensing arrangements
| require the licensee to pay a per-unit
| fee. This is not necessarily a problem for
| traditional manufacturing, where there is
| a per-unit manufacturing cost that must be
| recouped anyway, but it completely rules
| out a large class of software business
| models that have been very successful.
`----
http://weblogs.mozillazine.org/roc/archives/2010/07/mozilla_and_sof.html
Splitting apart browsing tools and the actual browser
,----[ Quote ]
| 'works for Mozilla full-time as an
| employee of Novell in New Zealand'
`----
http://www.zdnet.co.uk/blogs/500-words-into-the-future-10014052/splitting-apart-browsing-tools-and-the-actual-browser-10017881/
NZICT should probably be exiled.
Recent:
Select Committee Scrutiny Called For On Patents Changes - InternetNZ
,----[ Quote ]
| InternetNZ (Internet New Zealand Inc) has
| today called for the Government to allow
| any proposed changes to the Patents Bill to
| be referred back to the Commerce Select
| Committee for further scrutiny.
|
| The issue of software patents has recently
| attracted a great deal of attention and
| controversy, particularly in respect of the
| patentability of "embedded software".
`----
http://www.voxy.co.nz/technology/select-committee-scrutiny-called-patents-changes-internetnz/5/53399
Nature of Patent Bill change disputed
,----[ Quote ]
| Commerce Minister Simon Power and the
| Economic Development Ministry have rejected
| claims from commerce select committee
| chairwoman Lianne Dalziel they have
| significantly shifted their position by
| proposing software which has a "technical
| purpose" could be patented.
|
| Mr Power announced in April that the
| Government would back changes to the
| Patents Bill proposed by the commerce
| select committee that would mean computer
| software could no longer be patented. The
| committee's understanding was that
| inventions that relied on "embedded
| software" â software that is built into a
| physical device â would still be
| patentable.
|
| [...]
|
| Information technology industry body NZICT
| has campaigned in favour of software
| patents, fearing the effect that
| restricting software patents could have on
| both its multinational members and locally
| owned software exporters.
`----
http://www.stuff.co.nz/technology/3859871/Nature-of-Patent-Bill-change-disputed
Software patents may be allowed in New Zealand after all
,----[ Quote ]
| Software patents, apparently on the way to
| being ruled out for New Zealand after a
| Select Committee decision on the Patents
| Bill, might not be completely excluded after
| all.
|
| The committee earlier this year inserted a
| clause in the second-reading copy of the
| Bill [Section 15(3A)] reading simply âa
| computer program is not a patentable
| invention.â
|
| On June 9 there was a meeting between
| Ministry of Economic Development (MED)
| officials and a delegation of local and
| international software companies led by
| Brett OâRiley of industry lobby NZICT Group.
`----
http://computerworld.co.nz/news.nsf/news/software-patents-may-be-allowed-after-all
New Zealand U-Turns, Will Grant Software Patents
,----[ Quote ]
| ciaran_o_riordan writes "Due to lobbying by
| a group called NZICT, New Zealand's
| parliament is now set to let go of its
| proposal to ban software patents. Patent
| attorney Steven Lundberg announced the
| details in a blog entry. This was quickly
| deleted, but not before it got stored in
| Google's cache. Here we can read that 'Hon
| Simon Power has asked MED [Ministry of
| Economic Development] to work with the
| Parliamentary Counsel's Office to redraft
| the section along the lines of the European
| Patent Convention.' Which is exactly the
| opposite of March's announcement that
| 'computer software should be excluded from
| patent protection as software patents can
| stifle innovation and competition, and can
| be granted for trivial or existing
| techniques.' The background to this case
| gives every reason to be hopeful, if
| computer users in New Zealand get active
| again."
`----
http://yro.slashdot.org/story/10/06/23/0235248/New-Zealand-U-Turns-Will-Grant-Software-Patents
New Zealand govt against software patents!
http://news.swpat.org/2010/03/new-zealand-govt-against-software-patents/
New Zealand
http://en.swpat.org/wiki/New_Zealand
New Zealand Brings Software Patents back From Brink of Extinction
,----[ Quote ]
| New Zealand looks like its reversing course
| on software patent protection. On June 9,
| there was a meeting between representatives
| of NZ Ministry of Economic Development (MED)
| and representatives of NZICT Group. It
| appears that New Zealand is likely to
| ultimately adopt an approach to software
| patents that is consistent with the EPOâs
| position. My thanks to Jim Hallenbeck
| (Schwegman) and Paik Saber (IBM) for
| relaying this information.
|
| Here is the summary of the meeting provided
| by Brett OâRiley CEO of NZICT:
|
| Our representative delegation met with MED
| in Wellington yesterday. This was to
| discuss the formal submission we had made to
| Hon Simon Power last week covering our
| concerns about the proposed draft
| legislation.
`----
http://webcache.googleusercontent.com/search?q=cache:wzDfoNHqC5YJ:www.patents4software.com/%3Fp%3D72
New Zealand Politicians Convinced By Lobbyists To Bring Back Software Patents
,----[ Quote ]
| There was widespread happiness among
| software developers a few months back, when
| it was announced that New Zealand had
| decided to explicitly ban software patents.
| Of course, it didn't take long for a
| lobbying campaign to kick off from those
| opposed to this provision, and it appears
| the lobbying was effective, such that
| software patents will now be allowed --
| though, they will still be somewhat limited
| (as they are in Europe). So, it's not quite
| as bad as the situation in the US. A New
| Zealand patent attorney posted a letter from
| the head of the lobbying group discussing
| this shift. While that blog post has since
| been deleted, as of this posting Google
| still has the cache.
`----
http://techdirt.com/articles/20100623/0224529933.shtml
,----[ Quote ]
| Hi,
|
| You have to be aware what is the strategy of
| IBM and Microsoft when
| they try to push for the infamous "as such" | provision.
|
| A German court has recently made Microsoft
| FAT patentable, despite the
| exclusion of computer programs "as such"
| from the law (the EPC).
|
| Patent judges tends to interpret this
| provision as "a computer program
| as such is a computer program on a piece of | paper" and this is what is
| excluded. On the other side, when the
| program runs on the computer, it
| becomes patentable.
|
| If you are interested in clarifications to
| bring in New Zealand, you
| can take inspiration from the FFIIÂs 10 core clarifications:
|
| http://consultation.ffii.org/Clarifications
`----
http://lists.nzoss.org.nz/pipermail/openchat/2010-June/005867.html
Labour party on software patents
,----[ Quote ]
| "The issue of who controls software that
| New Zealanders have developed is an
| important one. Copyright allows the
| developer to control the terms under which
| software is released. Patents remove that
| right and hand it over to a third party.
| Basically, software patents create a
| lottery around control of your own efforts.
|
| "We are pleased that Commerce Minister
| Simon Power has said that the Government
| would support a select committee
| recommendation that the Intellectual
| Property Office develop guidelines for
| inventions that involve âembedded softwareâ
| - software that is built into a physical
| device.
|
| âSoftware will still be protected by
| copyright, which prevents outright copying.
| We believe this to be sensible and the
| right decision," Clare Curran said.
`----
http://nzoss.org.nz/news/2010/labour-party-software-patents
Software exclusion will encourage Kiwi innovators
,----[ Quote ]
| The exclusion of computer software from a
| Patents Bill before Parliament is a step
| towards helping New Zealand become more
| innovative Labour MPs Lianne Dalziel and
| Clare Curran said today.
`----
http://www.scoop.co.nz/stories/PA1004/S00203.htm
InternetNZ Agrees - No To Software Patents
,----[ Quote ]
| InternetNZ (Internet New Zealand Inc)
| agrees with the Commerce Select Committee
| and Minister Hon Simon Power that software
| should not be patentable. InternetNZ
| outlined its position in a submission to
| the Committee in July 2009.
`----
http://www.voxy.co.nz/technology/internetnz-agrees-no-software-patents/5/45732
InternetNZ: "No to software patents"
http://www.techday.co.nz/itbrief/news/internetnz-no-to-software-patents/16195/5
NZCS: ICT profession supports patent removal
,----[ Quote ]
| The New Zealand Computer Society polled its
| members and found that 81% supported the
| recommendation to remove Software from the
| Patents Act.
|
| NZCS Chief Executive Paul Matthews said,
| âThis is a big issue for the ICT sector.
| And whilst not scientific, this poll
| clearly backs up previous consultation
| showing widespread support from the ICT
| sector for the removal of software
| patents.â
`----
http://www.techday.co.nz/itbrief/news/nzcs-ict-profession-supports-patent-removal/16182/5
Select Committee Suggestion to Discard Software Patents is Causing Worry
,----[ Quote ]
| He said that they consider that it is vital
| for firms to keep hold of the alternative to
| shield their originality under copyright law,
| if that is their option.
`----
http://topnews.us/content/216873-select-committee-suggestion-discard-software-patents-causing-worry
Select Committee recommendation "worrying"
http://www.techday.co.nz/itbrief/news/nzict-select-committe-recommendation-worrying/16142/5
Software patents questioned
http://www.jdsupra.com/post/documentViewer.aspx?fid=aeb3ec15-8c97-4313-a59f-54d8ae38bb0d
Further Progress Toward New Zealand's New Patent Act
http://ca.linexlegal.com/index.php?cid=490575
NZCS lobbies to end patent protection for software
,----[ Quote ]
| The New Zealand Computer Society has come out
| in support of a ban on software patents,
| sending a letter yesterday to Minister of
| Commerce Simon Power supporting a Commerce
| Select Committee recommendation to remove
| patent protection for software in New Zealand
| law.
|
| The move comes after a quick poll of NZCS
| members, IT professionals from around New
| Zealand, found 80 percent opposed patent
| protection for software.
|
| "The Society acknowledges this is a complex
| issue with many reasons for and against
| patentability of software. However on
| balance, it is in New Zealand's best
| interests for software to be covered through
| the provisions of copyright in the same way
| movies and books are, rather than through the
| patent system which has significant
| problems," NZCS chief executive Paul Matthews
| says in a blog post.
`----
http://computerworld.co.nz/news.nsf/news/nzcs-lobbies-to-end-patent-protection-for-software
NZCS lobbies to end patent protection for software
http://news.idg.no/cw/art.cfm?id=082002ED-1A64-6A71-CE1877663B74141E
Software patent ban could damage investment
,----[ Quote ]
| Any exclusion of software from the New
| Zealand patents regime will âsuck the
| lifebloodâ out of the New Zealand software
| development industry, says Chris Auld,
| director of strategy and innovation at
| Microsoft-specialist developer Intergen.
`----
http://computerworld.co.nz/news.nsf/development/software-patent-ban-could-damage-investment
Our Members
http://www.ict.org.nz/index.php/nzict-group/nzict-members/
Call for caution over software patents
http://tvnz.co.nz/business-news/call-caution-over-software-patents-3466875
Power to delete software patents
,----[ Quote ]
| Commerce Minister Simon Power says the
| Government will back changes proposed by a
| select committee that will mean computer
| software can no longer be patented.
|
| Parliament's commerce select committee
| proposed amending the Patents Bill, which
| passed its first reading in May last year,
| after receiving many submissions on the
| controversial issue.
|
| The recommendation has attracted
| considerable attention outside New Zealand,
| particularly from the open source software
| community, which claims large software
| makers have gamed the patent system and
| stifled innovation.
`----
http://www.stuff.co.nz/business/3570621/Power-to-delete-software-patents
Select committee report on Patents Bill: computer software not patentable
http://www.internationallawoffice.com/newsletters/detail.aspx?g=a0e59842-685e-49f9-a3de-a7ad67f34eec
Abolish software patents
,----[ Quote ]
| I think that the best way to defend open
| source against software patent attacks is to
| abolish software patents. The U.S. Supreme
| Court might abolish software patents this
| month in the U.S.A. New Zealand is close to
| passing a law abolishing software patents in
| New Zealand. We are making progress from the
| days when people considered abolishing
| software patents just a flaky idea.
`----
http://www.linuxtoday.com/news_story.php3?ltsn=2010-04-13-030-35-OS-LL-0000
Response to Software Patent Supporters
http://www.youtube.com/watch?v=ALjXe95TREs
Power backs deletion of software patents
,----[ Quote ]
| Commerce Minister Simon Power says the
| Government will back changes proposed by a
| select committee that will mean computer
| software can no longer be patented.
|
| Parliament's commerce select committee
| proposed amending the Patents Bill, which
| passed its first reading in May last year,
| after receiving many submissions on the
| controversial issue.
`----
http://computerworld.co.nz/news.nsf/development/power-backs-deletion-of-software-patents
New Zealand govt against software patents!
,----[ Quote ]
| Substantial credit is due to the people in
| NZ that submitted letters making the case
| against software patents:
|
| * Egressive Limited
| * The New Zealand Open Source Society
| * InternetNZ
| * Guy Burgess
`----
http://news.swpat.org/2010/03/new-zealand-govt-against-software-patents/
Select Committee Reports On New Patents Bill In New Zealand
http://www.jdsupra.com/post/documentViewer.aspx?fid=2b9e677a-2062-4529-9724-399d0fb57885
New Zealand Politicians Want To Explicitly Outlaw Software Patents
,----[ Quote ]
| As we wait for the Bilski ruling in the US
| (which my gut feeling tells me will have
| the Supreme Court totally punt on the issue
| of software patents), it seems like
| politicians down in New Zealand have
| figured out that software patents are a
| real problem.
`----
http://www.techdirt.com/articles/20100330/1852558798.shtml
New Zealand Legislators Say Software should be Inpatentable
,----[ Quote ]
| New Zealand legislators have proposed a
| bill which would make it impossible to
| patent software. The bill, which is going
| through the process for patent reform,
| clearly indicates that software should not
| be patentable.
|
| If this bill becomes a law, then it will
| create friction with US ACTA negotiators,
| who about to make software patents standard
| internationally.
`----
http://topnews.us/content/214985-new-zealand-legislators-say-software-should-be-inpatentable
New Zealand patent reform bill says no to software patents
,----[ Quote ]
| New Zealand's parliament is preparing to
| vote on a major patent reform bill that
| will tighten the country's standards of
| patentability. One of the most significant
| changes in the proposed bill is a specific
| patentability exclusion for software. If
| the bill receives parliamentary approval in
| its current form, it will broadly eliminate
| conventional software patents in New
| Zealand.
|
| The bill was drafted by the Select Commerce
| Committee, which decided to include the
| exclusion after reviewing feedback from the
| software industry. The bill's official
| summary acknowledges that software patents
| are detrimental to the open source software
| development model and have the potential to
| seriously stifle innovation.
`----
http://arstechnica.com/open-source/news/2010/04/new-zealand-patent-reform-bill-says-no-to-software-patents.ars
New Zealand legislators want to outlaw software patents
,----[ Quote ]
| 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.
`----
http://www.afterdawn.com/news/article.cfm/2010/04/01/new_zealand_legislators_want_to_outlaw_software_patents
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