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I refer to the assault being launched by Canadian company DE Technologies Inc who claim that an unspecified number of Kiwi websites are infringing its intellectual property -- intellectual property that is protected by patent.

There's no need for me to regurgitate all the details of the claims being made because those affected have put up their own info-rich website at www.fightthepatent.co.nz.

One has to wonder why DET has focused its attentions on NZ right now. Could it be that they're seeking a little payback for the fact that back in 2001 they didn't get the government assistance they wanted to set up shop here in NZ?

Our Aussie cousins seem to have been a little luckier than us because their patent office hadn't yet granted DET's application. As a result of the kerfuffle here in NZ, IP Australia is considering an extension to the "cooling-off period" that offers interested parties a chance to lodge challenges.

Unfortunately for us, the similar 15-month period (with potential 3-month extension) used here has expired and DET's NZ patent is now signed and sealed.

Kiwi traders who are affected by this patent claim would now appear to have little option but to either ante-up the fees being demanded by DET, or to prime their sharks and haul themselves into court to challenge the patent's validity.

Whatever the outcome, this will not be a cheap exercise and has the potential to damage a number of NZ's burgeoning e-commerce players, especially the smaller ones.

As someone who effectively makes his living by exploiting the value of "good ideas", I can see the need for IP protections such as patents, trademarks and copyrights. However, I also have to ask whether more care needs be taken in the granting of such protections.

To be quite honest, I don't think patents are a hell of a lot of use to the small, under-funded entrepreneur.

Since a patent is simply a "right to sue", the small guy who holds a patent may not be in a position to spend the money needed to enforce it.

Likewise, if you're a little guy and a big player (with fat wallet) claims that you're infringing their patent, you might have no option but to pay-up, even if the claim is frivolous -- simply because defending a court action would be beyond your financial abilities.

I wonder if there isn't a better way to protect the small guy's intellectual property rights while avoiding frivolous claims by the holders of questionable patents?

Maybe the GNU GPL is about the only way that the little guy can fight back against the sharks and their "fricken laser beams". What do you think?

How Can This Be?
Here's a headline that made me laugh today.

Is that really news? It hardly has any "shock horror probe" factor does it?

But hang on... I thought that all new audio discs being released in Aussie were using the new "enhanced audio" (aka Copy Protected) format?

Surely the recording industry aren't admitting that their crazy copy-protection schemes (you know, the ones that make it impossible to play the disc you've paid for on your car stereo or DVD player) don't work are they?

Clearly the ARIA are one very confused bunch of sad puppies.

If any Aardvark readers want to share an opinion on today's column or add something, you're invited to chip in and have your say in The Aardvark Forums or, if you prefer, you can contact me directly.

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