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New Zealand bans some software patents

902 点作者 gcforky将近 12 年前

26 条评论

FOSSpatents将近 12 年前
Not so fast. Spin doctoring is no substitute for substance.<p>As Caesar used to say, &quot;fere libenter homines id quod volunt credunt&quot; (people are ready to believe what they want to be the case).<p>The fact of the matter is that New Zealand has passed a law with some restrictive language, but this is far from abolition. Broad swaths of software patents can still be granted.<p>Here&#x27;s my more detailed take on it: <a href="http://www.fosspatents.com/2013/08/new-zealand-parliament-adopts-uk.html" rel="nofollow">http:&#x2F;&#x2F;www.fosspatents.com&#x2F;2013&#x2F;08&#x2F;new-zealand-parliament-ad...</a><p>And this is what a publication read by patent lawyers says: <a href="http://www.iam-magazine.com/blog/Detail.aspx?g=96d4aeaf-dedf-4ab8-a1f6-f28e2ea1ba0d" rel="nofollow">http:&#x2F;&#x2F;www.iam-magazine.com&#x2F;blog&#x2F;Detail.aspx?g=96d4aeaf-dedf...</a>
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cromwellian将近 12 年前
Software patents are an abomination. I could stomach copyright on software, because at least one is still permitted independent implementation and expression. I can&#x27;t copy your code, but I can rewrite it.<p>Software patents on the other hand put a fence around ideas themselves. You can&#x27;t draw a cursor using XOR by implementing it yourself, period, for 20 years.<p>The patent system is deeply broken, and it doesn&#x27;t even stop big players anyway. Really, Apple successfully sued Samsung, did it stop Samsung from taking over half the market? Does $1 billion in fines really matter or Apple or Samsung over the long term? By the time these cases are settled, it has already played out in the consumer marketplace anyway. You can&#x27;t defeat consumer success with patent attacks. Microsoft&#x27;s Android revenue shakedown won&#x27;t replace the death of Windows if it happens, and it won&#x27;t make Windows Phone&#x2F;Surface RT a winner.<p>It&#x27;s a game only lawyers, IP trolls, or paid industry shills love.
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ataggart将近 12 年前
As Orwell wrote, &quot;the English language ... becomes ugly and inaccurate because our thoughts are foolish, but the slovenliness of our language makes it easier for us to have foolish thoughts.&quot;<p>Considering that patents are entirely a government creation, &quot;ban&quot; or &quot;outlaw&quot; does not apply, for such language treats patents as something apart from the state. Perhaps &quot;stops issuing&quot; would be more accurate, but it&#x27;s not clear from the article whether that&#x27;s actually the case.
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lifeisstillgood将近 12 年前
Very roughly - if the innovation to be patented (ie the software) is used to improve the operation of the hardware then it is patentable. So buffering code in a HDD chip is presumably patentable (-ed). However if its a new way to display email - probably not. Not a clear win, and apparently similar to UK case law.<p>(Cribbing off FOSSPatents links)
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nh将近 12 年前
US has banned &#x27;software patents&#x27; long time ago. However, you can still patent a software being performed by a processor or computer, which then becomes &#x27;hardware&#x27;. NZ has now caught up with US. It is not what you think it is.
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klaut将近 12 年前
I am really impressed lately with New Zealand (it started with this MP speech <a href="http://www.youtube.com/watch?v=AfSGOK5jC9I" rel="nofollow">http:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=AfSGOK5jC9I</a>).<p>Finally a country that is trying to correct the nonsense that are software patents.
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cpursley将近 12 年前
Good news. NZ is already in the top-5 economically free countries while still maintaining a respectable social safety. And a couple SaaS heavyweights. Plus, no snakes.<p><a href="http://www.heritage.org/index/ranking" rel="nofollow">http:&#x2F;&#x2F;www.heritage.org&#x2F;index&#x2F;ranking</a>
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timje1将近 12 年前
The real test of this will be if software companies flood to New Zealand to tinker to their hearts content without fear of litigation... or if they flee NZ for fear of invalidating any patents they could have brought on their upcoming software.<p>I&#x27;d like to be able to say it will be the former, but I bet corporate lawyers will be pushing for the latter (if only out of a sense of self-preservation).
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lettergram将近 12 年前
Country wide spying efforts, but no software patents issues. You win some you lose some I guess.
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bentoner将近 12 年前
Have they banned them like Europe has, or have they actually banned them?
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nawitus将近 12 年前
Many countries have &quot;banned&quot; software patents. &quot;EU patents&quot; have also &quot;banned&quot; software patents, but they pass thousands of them every year.
devx将近 12 年前
Wow. Despite all the lobbying, apparently democracy still works in some countries.
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appleflaxen将近 12 年前
Wow; go New Zealand.<p>First the sanity with due process in the Kim Dotcom case, and now this.
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Vektorweg将近 12 年前
&quot;New Zealand Parliament adopts UK approach to software patents, allows broad swaths of them&quot; - <a href="http://www.fosspatents.com/2013/08/new-zealand-parliament-adopts-uk.html" rel="nofollow">http:&#x2F;&#x2F;www.fosspatents.com&#x2F;2013&#x2F;08&#x2F;new-zealand-parliament-ad...</a>
consider_this将近 12 年前
If an idea is truly novel and valuable to the marketplace no patent is needed because the novelty itself provides ample time for you to &#x27;recover&#x27; your investment.<p>Either no patents or very short patents[&lt;=12 months for anything] is a basic requirement for a progressive society.
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logn将近 12 年前
Are there any good articles about how people in countries which allow software patents can benefit from this New Zealand body of law, such as incorporating as a New Zealand company and avoiding US jurisdiction for patent lawsuits?
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please_advise将近 12 年前
Here is a question for the lawyers out there (which I am not): would it be possible to conceive a legal framework somewhat similar in spirit to the GPL, but with the goal of making any patent relying on it free of charge, ie. such that a patent delivered under those terms would be free of use, but also impose the same terms to any patent building up on its content?
throwaway1979将近 12 年前
I&#x27;m glad this happened. For things like copyright, I thought there were international conventions - countries that were lax were hounded by others diplomatically. Is this not the case for patents?
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16s将近 12 年前
Would it be possible for devs and small companies in other countries to take advantage of New Zealand laws without actually being there?
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shmerl将近 12 年前
This is great. Hopefully crooked lawyers will be prevented from coming up with workarounds how it happens in Europe.
DigitalSea将近 12 年前
Finally. A country gets it. Hell will freeze over before a country like the United States would pass such a bill.
alien3d将近 12 年前
So i need to move New Zealand for development software.. Any software developer from New Zealand ??
crncosta将近 12 年前
I am really glad this happened and hope other countries takes this as example.
garry420将近 12 年前
why ?
Qantourisc将近 12 年前
Victory lap!
forlorn将近 12 年前
Finally!