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The Problem

In 2010, a Select Committee unanimously recommended that software be excluded from patentability. Clause 10A(1) of the Patents Bill will achieve this.

Unfortunately, the Government has decided to add clause 10A(2) at the last minute. While intended to preserve the availability of patents for inventions containing embedded software, this clause actually undermines the intended exclusion of software patents.

The Remedy

In order to preserve the exclusion of software patents, but still preserve patents for inventions containing embedded software, we request the following replacement for clause 10A(2) of the Patents Bill:

10A(2):  Subsection (1) does not prevent an invention that makes use of an embedded computer program from being patentable.

This change fulfils these crucial requirements:

  1. it preserves the Select Committee's unanimous recommendation that software be excluded from patentability.
  2. it ensures that patents are still available for inventions containing embedded software, such as Fisher & Paykel washing machines.
  3. it avoids the controversial, counter-productive and unwanted "as such" proviso in the current clause 10A(2).

Take Action

If you agree with the proposed remedy, and you are a New Zealander-based software developer or a supporter, please add your signature to the list using the form below.


http://no.softwarepatents.org.nz/
mundens: Picture of Brad Pitt playing Tyler  Durden from Fight Club. My Hero (Default)
From this article by Rob Oram, discussing  a recent KPMG report on why farming in New Zealand is going to go bankrupt :
 
They farm for capital gain, not income. The game for many of them, particularly in dairy and kiwifruit, is to pile on debt to accumulate as much land as possible. They are content with low income along the way because they plan to make their big tax-free killing from capital gains when they sell out.

But this damages their competitiveness in two ways. First, their high interest bills mean they generate insufficient cash to reinvest in the business. MAF estimates a dairy farm with 392 cows, the average for the national herd, will run a cash deficit of $15,500 in the current season and notched up a $50,500 deficit in the previous season.

Even in a typical good year the surplus might be only $35,000 or so on a business with revenues of $750,000. And any improvements in payouts or productivity are immediately capitalised in higher land prices.

This is such an insane game that dairy farmers quadrupled their debt in the past decade to $43 billion, dramatically driving up land prices in the process while the underlying profitability of the industry remained unchanged. This is a sure way to go broke, which indeed many farmers are.

It's among the reasons why people like the Crafars don't don't deserve any sympathy.


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