New Zealand bans some software patents • Hacker News Board

Re: New Zealand bans some software patents

#21

Post by FOSSpatents » Wed, Aug 28, 2013, 1:03 PM UTC

lifeisstillgood wrote: post #19

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. (Cribbing off FOSSPatents links)

Yes, European-style "as such" exclusion, a bit clarified but still the same basic idea. Lexology writes this about today's decision: http://www.lexology.com/library/detail.aspx?g=b966049f-14d9-...

"The computer program exclusion is the subject of two governmental supplementary order papers (SOPs). Government SOP 120 introduces a European-style 'as such' exclusion that is considered to be more consistent with New Zealand's international obligations and precedents. More recent SOP 237 introduces several additional new clauses intended to clarify the meaning of the term 'as such'."

Re: New Zealand bans some software patents

#22

Post by ataggart » Wed, Aug 28, 2013, 1:05 PM UTC

As Orwell wrote, "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."

Considering that patents are entirely a government creation, "ban" or "outlaw" does not apply, for such language treats patents as something apart from the state. Perhaps "stops issuing" would be more accurate, but it's not clear from the article whether that's actually the case.

Re: New Zealand bans some software patents

#23

Post by forlorn » Wed, Aug 28, 2013, 1:08 PM UTC

Finally!

Re: New Zealand bans some software patents

#24

Post by xlevus » Wed, Aug 28, 2013, 1:18 PM UTC

appleflaxen wrote: post #4

Wow; go New Zealand. First the sanity with due process in the Kim Dotcom case, and now this.

Flipside: GCSB bill.

Re: New Zealand bans some software patents

#25

Post by [deleted] » Wed, Aug 28, 2013, 1:21 PM UTC

devx wrote: post #6

Wow. Despite all the lobbying, apparently democracy still works in some countries.

[deleted]

Re: New Zealand bans some software patents

#26

Post by diminish » Wed, Aug 28, 2013, 1:26 PM UTC

ataggart wrote: post #22

As Orwell wrote, "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." Considering that patents are entirely a government creation, "ban" or "outlaw" does not apply, for such language treats patents as something apart from the state. Perhaps "stops issuing" would be more accurate, but it's not clea…

Would NZ accept patents from USA (or other WTO countries), in legal processes?

Re: New Zealand bans some software patents

#27

Post by cpursley » Wed, Aug 28, 2013, 1:32 PM UTC

16s wrote: post #7

Would it be possible for devs and small companies in other countries to take advantage of New Zealand laws without actually being there?

Wondering the same thing. What would it take to set up an equivalent of an LLC there to hold the IP of a saas business? And would Americans be able to do a tax pass-through (no or limited NZ tax liability and no change in US tax situation).

Keeping the software company in a NZ trust and using that to own a US LLC (for US operations) might be a good way to minimize IP liability.

Re: New Zealand bans some software patents

#28

Post by cpursley » Wed, Aug 28, 2013, 1:33 PM UTC

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.

http://www.heritage.org/index/ranking

Re: New Zealand bans some software patents

#29

Post by scotty79 » Wed, Aug 28, 2013, 1:44 PM UTC

16s wrote: post #7

Would it be possible for devs and small companies in other countries to take advantage of New Zealand laws without actually being there?

NZ is not the first country to disallow software patents (also patents on game rules and business methods in some countries). I'm guessing something is stopping Americans from exploiting that. We are talking about the country that taxes its citizens for what they earn while they live in another countries. Only sure way out of this stupidity is to ditch the US citizenship.

Re: New Zealand bans some software patents

#30

Post by NickNameNick » Wed, Aug 28, 2013, 1:48 PM UTC

lrem wrote: post #20

cLeEOGPw wrote: post #17

Earlier quoted context omitted.

If the product is created in NZ that uses technology patented in US for example, would it still be legal for them to do business in US, like offering services?

No. But then, is selling software over a .nz web site to an US resident doing software in NZ or US?

That depends on who is suing you, and where they file.

I remember a decision from a few years ago that said something to the effect that any activity that involved transmission of data through the US could be interpreted as having happened in the US, even if the computers, their owners, and operators all resided outside the US.