LWN.net Logo

In historic vote, New Zealand bans software patents (ars technica)

Ars technica reports that New Zealand has banned software patents. "One Member of Parliament who was deeply involved in the debate, Clare Curran, quoted several heads of software firms complaining about how the patenting process allowed "obvious things" to get patented and that "in general software patents are counter-productive." Curran quoted one developer as saying, "It's near impossible for software to be developed without breaching some of the hundreds of thousands of patents granted around the world for obvious work.""
(Log in to post comments)

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 28, 2013 21:35 UTC (Wed) by JoeBuck (subscriber, #2330) [Link]

This is probably only a temporary victory. NZ will soon be pressured into signing a "free trade agreement", the Trans-Pacific Partnership, that forces them to honor US software patents (at least, the most recent leaked draft contained such language).

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 28, 2013 21:45 UTC (Wed) by shmerl (guest, #65921) [Link]

They can reject the agreement now, on the grounds that it violates their local laws :)

dangers of the upcoming trade agreement

Posted Aug 31, 2013 23:42 UTC (Sat) by coriordan (guest, #7544) [Link]

A lot of people think that isn't true, but I disagree.

Legally, a local law doesn't stop the government making a contradictory agreement and being bound by it, but politically, it's hard to announce something and then do the opposite a year later. (Cynics will then reply that politicians are experts at such schizophrenia, but that's an oversimplified criticism.)

The more likely danger, IMHO, is that the USA will try to use the upcoming trade agreement to add restrictions that reduce the scope of the exclusion.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 28, 2013 22:04 UTC (Wed) by lonely_bear (subscriber, #2726) [Link]

According to Florian Mueller, it is not actually an victory that people are expecting. http://www.fosspatents.com/2013/08/new-zealand-parliament...

The glass is definitely half-full

Posted Aug 29, 2013 0:18 UTC (Thu) by coriordan (guest, #7544) [Link]

I didn't read to the end, but I guess Florian doesn't mention the importance of the legislator's intent. They want to get rid of software patents. If the current law doesn't do that, then it can be amended (long term). That's one thing.

Another is that the wording does seem to abolish patents on media formats. That's a huge win. Patents on media formats are the main category that block GNU/Linux distros from including features users want.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 6:52 UTC (Thu) by tao (subscriber, #17563) [Link]

Yes, because Florian Mueller is truly the go-to source for unbiased, truthful information about software patents.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 7:28 UTC (Thu) by Cyberax (✭ supporter ✭, #52523) [Link]

I think that Florian Mueller is good to have around, kinda like RMS. Florian points out weakest parts of anti-patent movement.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 8:14 UTC (Thu) by tao (subscriber, #17563) [Link]

Major difference being that RMS does things to strengthen free software, while Florian does it to undermine it.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 8:26 UTC (Thu) by Cyberax (✭ supporter ✭, #52523) [Link]

Well, a beacon on the sea might mark a safe passage or a hidden rock. Still, both types are useful.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 31, 2013 11:56 UTC (Sat) by ovitters (subscriber, #27950) [Link]

He's not a beacon. Paid for shill and makes stuff up. I don't see the use in that.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 9:46 UTC (Thu) by khim (subscriber, #9252) [Link]

That's not the biggest difference. The biggest difference is that people laugh at RMS's predictions at first but RMS is vindicated months (and sometimes years) later while Florian drivel is usually perceived as something serious at first but usually leads to nothing later. Some of his dire predictions actually materialize but there are so few of them that it's just easier to ignore him.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 12:10 UTC (Thu) by anselm (subscriber, #2796) [Link]

Some of what RMS says is vindicated later. Other stuff that he says is just kooky. Confirmation bias plays a role here.

Conversely, people have – with considerable justification – learned to take what Florian Müller says with a grain (or lorry load) of salt, but that doesn't mean than anything he says is automatically wrong or without merit. If he wrote that the sun rises in the morning, people would probably dispute that and claim that he is a shill for the sunscreen industry.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 21:57 UTC (Thu) by khim (subscriber, #9252) [Link]

Some of what RMS says is vindicated later. Other stuff that he says is just kooky. Confirmation bias plays a role here.

That's certainly a possibility, but can you point out to some RMS's article which were just "kooky"?

I ask specifically about article, because RMS is known to react impulsively on mailing lists, but his well-researched articles are correct more often then not and "kooky" parts tend to be correct more often then not. Back in 1997 article was certainly "kooky", today you read stories like this one and understand that it was just spot on, for example.

Where RMS fails is in his predictions is when he expects that people will actually fight for freedom: today convenience is valued much higher then freedom and people are ready to sell their freedom very, very cheap.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 30, 2013 6:22 UTC (Fri) by anselm (subscriber, #2796) [Link]

That's certainly a possibility, but can you point out to some RMS's article which were just "kooky"?

The GNU/Linux naming issue comes to mind as a prime example.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 30, 2013 8:19 UTC (Fri) by khim (subscriber, #9252) [Link]

Android vindicated RMS on that one (now people who ridiculed RMS because of GNU/Linux try to explain that "Android is Linux, but it's not really Linux" which looks significantly more "kooky" then consistent use of GNU/Linux for the OS based in GNU tools will be).

Anything else?

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 30, 2013 8:53 UTC (Fri) by anselm (subscriber, #2796) [Link]

The kookiness here is really in the idea that RMS alone gets to determine what is called what. After all, a very large portion of what's in »GNU« (as in »GNU/Linux«) is stuff that the FSF appropriated from elsewhere, so demanding that Linux include »GNU« in its name while at the same time not following through by somehow adding X11, TeX, Apache, … – among many other things that the FSF unilaterally declared to be »part of GNU« – to the name of »GNU« in the first place borders on hypocrisy. (And it's entertaining to watch the gyrations the FSF goes through in order to justify this behaviour.) But we don't need to rehash that debate here.

Anyway, I'm not letting you move the goalposts. We measure Florian Müller by the totality of what he says in public; that means we must also measure RMS by the totality of what he says in public. RMS does try to be careful in official postings to the FSF web site, but in »real life« (including mailing lists) he very often comes across as more of a kook than most of the rest of us – yet people usually concentrate on those things that he did get right, while with others they focus on the things they got wrong.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 30, 2013 20:21 UTC (Fri) by khim (subscriber, #9252) [Link]

We measure Florian Müller by the totality of what he says in public;

Really? News to me. I'm not going to collect his comments on various blogs and use them against him: he spews enough nonsense in his articles. Sure, Florian publishes many times more articles then RMS, but it's his choice, not mine.

that means we must also measure RMS by the totality of what he says in public.

Sorry, but no. I'm not going to play this game. It makes as much sense as comparing cooks by trying to sample all their dishes while they are being prepared. Utter insanity. On mailing lists you are supposed to offer your ideas - which very often will be wrong. That's the rule of game. These ideas are then collected and compressed either in code or in articles.

people usually concentrate on those things that he did get right, while with others they focus on the things they got wrong.

Nope. When RMS is wrong people are ready to admit that he's wrong (the whole GPLv3 fiasco which was supposed to straighten copyright but instead weakened it). But he's rarely wrong in his articles (== finished product) and even you agree by "refusing to move goalposts".

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 13:33 UTC (Thu) by Zack (guest, #37335) [Link]

> Florian points out weakest parts of anti-patent movement.

Florian Mueller seems to point out whatever is the most convenient truth to his current (or future) benefactor, whether it be Blizzard, Oracle, or any other party who remains on his undisclosed list of sponsors.

What's clear to me is:
-He's not independent
-He's not against software patents

As to where he stands exactly, I'll invite readers to make up their own minds and do a site-wide search on "guest, #32048", since he has participated in commenting here in the past.

Why you're mentioning RMS here I don't know. Whether you like or dislike Richard's ideas, you know where he stands, and what he stands for; it's clarity without misdirection. There couldn't be a greater difference in approach.

In historic vote, New Zealand bans software patents (ars technica)

Posted Aug 29, 2013 15:38 UTC (Thu) by hadrons123 (guest, #72126) [Link]

Florian Mueller is the last person in the world if anyone wants to know about patents about open-source software.

In historic vote, New Zealand bans software patents (ars technica)

Posted Sep 6, 2013 7:27 UTC (Fri) by mihaic (guest, #59633) [Link]

Agreed. I normally ignore his articles. I'm only commenting now to show my surprise at his influence on LWN readers.

Copyright © 2013, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds