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  • Open Source Society backs MED on embedded software

    The NZ Open Source Society has given what it calls "qualified support" to the draft IPONZ guideline on the patentability of inventions containing embedded computer programs.
    “There is a fog of misinformation around software patents and the IPONZ guideline,” says Don Christie, NZOSS government liaison officer, in a statement.
    In July 2010, Commerce Minister Simon Power asked IPONZ to “develop guidelines for inventions containing embedded software", and, says Christie, “We need to remember that the Minister did not ask for ‘guidelines to allow the patenting of some computer programs.’ ”
    The invention is patentable subject matter, not any embedded software it may contain. As the Patents Bill states, “A computer program is not a patentable invention.”
    “Just having a physical effect is not enough to make a program embedded,” says Christie. “The physical effect must be a response to changes in the physical environment. Washing machines, robots that play soccer, and smart energy-efficient houses run embedded software.
    “When MED walked us through it, we found we were largely in agreement,” Christie says. “We went into the meeting thinking software that merely improves the operation of the computer itself could be patented under the guideline.”
    On careful reading, however, the guideline makes it clear that efficiency gains are only a relevant test for inventions containing embedded software, not the operation of general-purpose computers, Christie says.
    "The guideline also distinguishes physical effects from logical effects — merely transforming or displaying information is not a physical effect," he says.
    NZOSS believes there is room to improve the guideline, to state explicitly that it applies to claims relating to inventions containing embedded computer programs, he says.
    “We understand their reasons for not using the word ‘embedded’ in a guideline for inventions containing embedded computer programs, but we’d like them to reconsider,” Christie says. “We also asked them to think about writing a plain English version that’s a bit easier to understand.”
    NZOSS expects the guideline will bring certainty to New Zealand software developers that we can do our work without the risk of accidentally infringing somebody’s patent. “The risk will get lower every year, as existing New Zealand software patents expire,” he says.
    “We believe the guideline says that if you can do something just by writing and running a computer program, it’s not a patentable invention,” Christie concludes.
    The question of whether software patents are appopriate raised its head again this week when Aptimize filed for several patents as the abolition of software patents looms.

  • School's in for open source advocates

    An impression that schools and even tertiary institutions are not producing the software developers New Zealand needs has led Wellington open-source specialist Catalyst IT to pilot an “Academy”.

  • IT industry bodies call for tender complaint role

    Industry group NZICT is calling for the establishment of a "procurement ombudsman" to resolve complaints about the handling of government tenders.
    Chief executive Brett O'Riley said technology firms had for a long time felt unable to pursue complaints for fear of harming their relationships with public sector clients.
    "Issues that the industry have talked about are when a request for information or a request for proposals has been released and there's been no decision, so companies have incurred costs on the basis that something would proceed. But also where the scope [of a tender] has changed in the middle of a process, and situations where there's been breaches in confidentiality."
    A procurement reform group – which NZICT was a part of – had revised and republished the procurement complaints process.
    "That's a good start because I'm not sure many in the industry were aware that there is a formal complaints process. That's a good step one, but step two is how do you progress an issue?"
    NZICT would suggest to the Economic Development Ministry that an ombudsman be set up.
    The ombudsman job could be a dedicated position or picked up by someone in a similar role, and would apply to all procurement, not just ICT, he said.
    "Every time there is an issue that takes a while to resolve, that's additional cost to both parties and we want to minimise the number of cases that involve legal costs."
    Don Christie, spokesman for breakaway lobby group NZ Rise – set up to represent the interests of New Zealand-owned technology firms, said there should be a procurement ombudsman to actively monitor the amount of work and public money that went to New Zealand-based companies.
    That would help identify whether procurement processes were cutting out local vendors.
    "It needs to be more pro-active. At the moment we can complain to the Office of the Ombudsmen if we feel there is a problem with process and fairness."
    The ombudsman could also assess complaints from companies that felt they had been discriminated against.
    NZ Rise believed the Government's moves to set up public sector-wide purchasing "mega-contracts" for items such as computers and photocopiers, and to deliver shared services to department such as datacentre services discriminated against smaller, local firms.
    "That prevents those companies from providing specialist knowledge and specialist services. It's good for the one or two people procuring, but it's not good for driving value into government."
    Clare Curran, Labour's communications spokeswoman, has tabled a private members bill that if passed would establish a commission of inquiry to determine whether the Government could and should have a policy that gave preference to local procurement without breaching international obligations.
    Ms Curran has said local companies are missing out on large contracts – particularly software licensing contracts.

  • ACTA briefing reveals little, details kept secret

    The Ministry of Economic Development still refuses to reveal the draft text of the Anti-Counterfeiting Trade Agreement (ACTA) or fully define the position that New Zealand is taking in the negotiations.

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