Welcome to bcchinese.net
|
Software company patent
A Software Company Patent is the Door to a World of Confusion
There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them.
The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent.
The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected.
Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent.
It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either.
One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.
Web Hosting - Do It Yourself Administration, Things to Consider The choice of whether or not to try to administer your own web site brings with it a host, pun intended, of issues. For most web site owners, the primary focus is naturally on creating, maintaining and enhancing the site. That often is just part of managing an entire business, for which the web site is just the means to an end. That implies there will be little interest in or time left over for technical administration like database maintenance (tuning, space management, security, bug fixes), establishing and maintaining backups to ensure they're successful and usable, email administration, disk space management, applying operating system fixes for bugs and security, and other tasks. But cost is always a factor in any business. Paying for technical help can burden the budget of a new and struggling business. Consulting fees can range from a few dollars an hour to over $100. On the lower end, the poor skill level and quality of work will make it not worth even that small amount. On the higher end, you can quickly rack up expenses that will bust your business. Permanent employees are usually somewhere in the middle of that range when you add up salary, employment taxes and more. Often, server and/or web site administration can be paid for as part of the web hosting package. That cost is usually lower than independent contracting help, but those staff are usually tasked with maintaining dozens if not hundreds of servers and sites. They can, therefore, give very little individual attention to yours. Often, novice web site owners are intimidated by some of the technical requirements for server or site administration. But, as with anything, a little familiarity can show that the knowledge required is more modest than one might expect. Administration in many cases involves fairly elementary, and frequently repetitive, tasks. These can be learned easily. Using a test site or a free hosting service is a good way to practice and learn without risk or cost, other than time invested. Once that initial hurdle is jumped over, administration can be done quickly and some even find it interesting. It allows the site owner to exercise additional control over the total product, and there's satisfaction in being able to say 'I did that' even if you prefer not to do it forever. That real-life learning experience also allows the site owner to better judge any consultants or staff that are hired. It's much easier to judge if someone is providing you with an accurate assessment of a problem if you've solved it yourself. Any time-estimate they provide to fix it can also be better calculated if you've had to do it yourself. Every web site relies on a variety of factors, usually unseen, in order to continue to function properly. But the fact is that they misbehave from time to time. Deciding whether to tackle those problems yourself depends on your available time and skill set, and what it will require to get things back on track. In other words, it's a standard cost-benefit analysis that everyone has to undertake every day in life. Software copyright Software Copyright Difficult to Enforce For those of you who love computer games, you probably know more about software copyright than you ever thought you'd want to know-especially if you have or have ever owned multiple computers. Most new games not only come with special copyrights but also built in security features that are designed to enforce those copyrights. Some have even gone so far as selling you the right to 'use' the material you are purchasing rather than providing you with actual ownership of the software to which they own the software copyright. That bothered me a bit at first, but I've come to understand it's another way of protecting them and their rights as well as controlling or limiting how you use the software they provide. Software copyright is actually quite confusing and hotly debated. Many stores will not accept opened software as returns because the software companies won't reimburse them for the product and they are left holding the bag. It doesn't sound like much but when you think of literally thousands of consumers attempting to return opened software because they didn't like or worse, they only needed to download and install it for it to actually run. Companies that produce computer software have become savvy to the ways of the modern consumer. Those companies that produce computer games especially require that the disk actually be in your player in order for the game to operate properly. This enforced the software copyright to the extent that two people can't reasonably share ownership of the same game, as they both need an actual disk in order to operate the games. But for every solution there is a hacker or budding programmer that creates a new problem for software makers and holders of software copyright to face. One of the latest problems is the virtual CD. The long and short of this is that the computer is tricked into 'seeing' the CD where it should be and carries out the game as though it were. Another important thing to note about software copyright is that there are many programs available that mimic some of the more notable applications for no fee. These are often referred to as open source software and often have excellent if not superior quality to similar programs that are available for fees. One thing I've noticed is that I will often find free open source software, download it, love it and a few months later I will find a more polished version of the same software, by the same company available with a few more bells and whistles for a fee. The new improved software has a software copyright and is not free to consumers but it is also a much better version than what I currently have. It's a great way for new software developers to make names for themselves and get volunteers for the testing process of their development phase. A software copyright offers protection and recognition to the owner of the software. The problem with protecting software is that it is impossible to police properly. That would require walking into every home on the planet and checking each computer to make sure there are no duplicate copies extra copies, illegal copies, etc. Plus, who keeps the actual boxes from all their software? I certainly do not. I could never prove that I was honoring the software copyright if the packaging or receipts were the only way I have of doing so. Most people in the world today honestly want to do the right thing. Software is one of the most expensive purchases people will often make for their home computers, it only makes sense to buy actual copies that have an actual software copyright in order to protect your investment not only in your software but also in your computer. |