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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.
Copyright infringement case Learning Copyright Law through Copyright Infringement Cases Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn’t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you’ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works. As a forward, however, you’ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn’t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement. Feist Publications v. Rural Telephone Service Co (6th Cir. 1996) This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are “arranged and selected in an original manner.” Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors’ database and use that data in their own work without liability. Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996) This case has to do with the ‘fair use’ law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ‘course packs’ for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor – then the course pack was bound together by a professional copy shop. In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs. As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine. Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you’ll find many copyright cases in relation to electronic copyrights – such as those you’d find on a website or PDF file, as well as other digital media such as music and audio files. It’s probable that you’ve seen copyright cases brought against the common person – such as a child or family – for downloading digital music in the form of MP3s. In the current internet age we’re in, it’s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we’ll see many more copyright cases. Free Baby Stuff Requires a Visit to Babies Online Babies online is the page on the Internet when it comes to free stuff for the baby and new parent. The page offers any parent resources about the growing baby. Anything from personalized weekly calendars, over calculators to articles and information can be found on this web page. All the information offered on the page is freely available to anybody who signs up for their free membership. Under the top pages offered by babies online are pages that contain links to other free baby web sites, fun birthday facts, a weekly pregnancy calendar, due date calculator, baby’s first year, baby photo contest, baby names and meanings, baby freebies and a baby’s online blog. These pages are visited by the most users and are also most frequently used by members of the page. All these pages offer information around pregnancy and the infancy. Some of the pages offer advice on many of the questions that parents have in their first year of parent hood or before during pregnancy. The baby pages section of the website offers anybody to have an online birth announcement for the newborn, to read other peoples birth announcement and even to create or read other women’s pregnancy journals. Anyone can create his or her own and then sent links to all their friends to show off their little one over cyberspace. Not only does this save the writing and buying of all those birth announcement cards, it also saves the stamps and printed pictures that generally are included in birth announcements. The freebies page offers users links to free baby websites, links to free baby product samples, free pregnancy wristbands, free photo prints, free baby coupons and even freebie alerts. The free baby’s web site section lets parents create a web page that is completely centered on their new addition and give the new parents a chance to share their precious with all their friends and family. In the free baby product sample section a parent can find anything from free magazine subscriptions to those famous parenting magazines, to formula samples and children’s books. Due to the ten year anniversary of the page the web site offers pregnant mothers a free pregnancy bracelet. It is not only sleek and fancy, but is also there to alert any doctors or other personnel of the mother’s pregnancy status in any kind of situation, such as fainting, unconsciousness or an accident. A link to a related photo-processing place offers free photos for parents. Shipping as well as the prints is free to anyone that signs up to receive this offer. The online photo page offers any of the services a local photo store or photo lab might offer. Cards, picture prints, enlargements, photo gifts, calendars and more can be bought from this online site additionally to the free prints. On the online babies coupons and sample page users can find links to good deals, links to coupons and links to free samples. This part of the page is sure worth checking out. Some of the deals are for baby gear and baby food, while others also have links to places that offer deals on toddler’s and younger children’s clothing items. Even if it is just the beginning of pregnancy, checking out what is available online; especially on babies online can have great advantages. Some of the links offer new parents and parents to be many samples of different formulas, if this is going to be the choices to feed the baby, parents have a chance to try the different formulas and additionally get coupons for their favorite one. Not just the coupons, but also the free tools and journals on the web page make it worth to check it out. So go ahead and surf the web page to get up to date with newest baby information. |