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What does this mean for software companies in New Zealand? If they sell software in the US (and who doesn't, with the internet and all), I assume they're still

by acabal 13y ago

What does this mean for software companies in New Zealand? If they sell software in the US (and who doesn't, with the internet and all), I assume they're still on the hook for US patent law?

NickNameNick 13y ago
My NZ based employer does business in the US, and hold US software and/or business method patents. I can't speak for my company, but I personally feel that the whole software patent system is ridiculous, and I'm pleased that the local situation isn't going to go down that road. At least, not until we get railroaded by the 'Trans Pacific Partnership'(TPP) Treaty, or its newer cousins, whenever they show up. In the mean time, I would assume that we would be unable to sell something that violated an US patent, in the US, but wouldn't be liable for sales of that might violate a US patent in NZ, unless there is some other bi-lateral (or unilateral) treaty covering the situation that I am not aware of.
randall 13y ago
I'd like to know that too. I mean Xero has offices in the US certainly, so they'd be able to be served and the sort, but what about NZ exclusive shops?
- AnthonyMouse 13y ago
  So the scenario is that a company in NZ distributes software using NZ servers to users in the US? I can imagine some problems. What happens if they sue the users in the US? What happens if they go to ICE and have the domain you're distributing from seized? What happens if one of the company's officers goes to the US on vacation and gets served? I guess there's one way to find out. But it seems like the better plan is to fight to eliminate software patents everywhere instead of pretending the internet is going to respect every nation's borders or vice versa.
holloway 13y ago
Yes, that jurisdiction's law applies, although NZ companies can apply for US patents too. Further, I would presume that web software hosted outside the US could avoid having the server component covered by the US jurisdiction. It could be just patents on client-side tech.
atirip 13y ago
No. Technically NZ company can not sell anything outside NZ. And company only operates in jurisdiction of his origin country. Technically "selling in the US" means that NZ company is exporting (and this is regulated by NZ laws) and those who buy that software are importing (which is regulated by US laws) said software into US and US patent holder(s) can try to prevent that import. But even then this means nothing to the NZ company in question. On the other hand if said NZ company has daughter company in US, then yes, that company can be sued.
- evolve2k 13y ago
  xero.com the beautiful accounting software comes to mind, I wonder what this means for them.

by acabal 13y ago

What does this mean for software companies in New Zealand? If they sell software in the US (and who doesn't, with the internet and all), I assume they're still on the hook for US patent law?

NickNameNick 13y ago

My NZ based employer does business in the US, and hold US software and/or business method patents. I can't speak for my company, but I personally feel that the whole software patent system is ridiculous, and I'm pleased that the local situation isn't going to go down that road. At least, not until we get railroaded by the 'Trans Pacific Partnership'(TPP) Treaty, or its newer cousins, whenever they show up. In the mean time, I would assume that we would be unable to sell something that violated an US patent, in the US, but wouldn't be liable for sales of that might violate a US patent in NZ, unless there is some other bi-lateral (or unilateral) treaty covering the situation that I am not aware of.

randall 13y ago

I'd like to know that too. I mean Xero has offices in the US certainly, so they'd be able to be served and the sort, but what about NZ exclusive shops?

AnthonyMouse 13y ago
So the scenario is that a company in NZ distributes software using NZ servers to users in the US? I can imagine some problems. What happens if they sue the users in the US? What happens if they go to ICE and have the domain you're distributing from seized? What happens if one of the company's officers goes to the US on vacation and gets served? I guess there's one way to find out. But it seems like the better plan is to fight to eliminate software patents everywhere instead of pretending the internet is going to respect every nation's borders or vice versa.

holloway 13y ago

Yes, that jurisdiction's law applies, although NZ companies can apply for US patents too. Further, I would presume that web software hosted outside the US could avoid having the server component covered by the US jurisdiction. It could be just patents on client-side tech.

atirip 13y ago

No. Technically NZ company can not sell anything outside NZ. And company only operates in jurisdiction of his origin country. Technically "selling in the US" means that NZ company is exporting (and this is regulated by NZ laws) and those who buy that software are importing (which is regulated by US laws) said software into US and US patent holder(s) can try to prevent that import. But even then this means nothing to the NZ company in question. On the other hand if said NZ company has daughter company in US, then yes, that company can be sued.

evolve2k 13y ago
xero.com the beautiful accounting software comes to mind, I wonder what this means for them.