Zealand- NZ #Computer Society http://ow.ly/2bVrZ #patent #computer "patent
troll"
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It's official: Software will be unpatentable in NZ
Posted by Paul Matthews at 12:52 on Thursday, July 15. 2010 in NZCS Blog
Despite what appears to be a big-budget lobbying effort by the pro-patent
fraternity, Hon Simon Power announced today that he wouldn't be modifying
the proposed Patents Bill hence software will be unpatentable once the
Bill passes into law.
This is significant. As we've previously pointed out software patents
aren't black and white, and there are certainly pros and cons. However on
balance, we believe they represent a far greater risk to smaller NZ-based
software providers than opportunity, and there are many cases where they
have significantly stifled innovation.
We believe it's near impossible for software to be developed without
breaching some of the hundreds of thousands of software patents awarded
around the world, hence many software companies in New Zealand, creating
outstanding and innovative software, live a constant risk that their
entire business will be wound up overnight due to litigious action by a
patent holder.
This has led to many a "patent troll" company, primarily in the US. These
are non-software companies who exist only to buy up old patents with the
sole intention of suing innovative software companies for apparent breach
of these patents. The effects of this have been chilling.
Make no mistake, the intellectual property contained in software should be
protected. However Copyright provides significant protection, as per other
similar activities. The very nature of software should preclude it from
patentability in our view.
The case against software patents has been laid out well by companies such
as Orion Healthcare and Jade Corporation, probably the two largest
software exporters in New Zealand by far.
