Welcome to www.tetheredmommy.com
|
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.
US Copyright Lawyer What can a US Copyright Lawyer Do for You that Others Can’t? First a US copyright lawyer can help anyone that is in the United States, they know the laws of the land and the best ways to fight them. A US Copyright Lawyer is here to protect you. That’s right I said YOU, not the neighbor down the road, or someone that lives in the next country but YOU. A US copyright lawyer is there to help you actually file a copyright, advise you and to help you get back what was once yours and sue someone. If you are an American or someone currently living in the United States you will be able to hire a US lawyer, however if you reside out of the states there may be restrictions. In the internet world copyright issues are becoming a big thing and having a US Copyright lawyer behind you can definitely help if you need to fight against someone stealing your work. Copyright lawyers must stay current in all the recent rulings dealing with copyright issues, which means they know their job. Don’t just stick with a lawyer you already had because you’ve used them before. They may have been great at your car accident or your divorce but for copyright issues, you need a lawyer that deals with them. A US copyright attorney can also help you in retrieving money even if you never filed the copyright until after it was stolen or online. This can get a bit tricky when it comes time to prove it though, however if you have a good lawyer this shouldn’t be a problem. A US copyright lawyer will be able to help you copyright any work that you may have, it does cost $20 to file a paper to get the copyright on your work. This does not mean that there is a one time fee of $20 and all your work is safe, actually you must do this with all your work. You are paying per piece, but in the long run if you need to sue someone for using your content they can end up paying $35,000. A US copyright lawyer can help you with this if you live in the United States and the case happened in the states, technically they could help even if it happened internationally but things get a bit more expensive when this happens. Your US copyright lawyer may have already dealt with people stealing content, or maybe celebrity pictures. Recently a big name celebrity had her pictures leaked on the internet, she sued the people that were spreading them and it suddenly stopped. All those websites that had the pictures on them were asked politely to take them down since they were copyrighted and they were gone. That’s what a good US copyright lawyer will do; he/she will be able to prove their case because they know the law. They will have to show proof of when something was taken, said, or documented. In the case of pictures, she was able to show that she had the proofs and that there was no agreement for anyone to use them. Copyright laws have been changing since 1976; however it changes as our technology advances. Lawyers and judges know our needs and are learning every day how to protect them and in order to do that laws are passed and the copyright laws are updated. Granted laws may be different in other countries but the chances are if it happens on US soil, the best representative would be a US copyright lawyer because they have been studying ever since law school. Web Hosting - Sharing A Server – Things To Think About You can often get a substantial discount off web hosting fees by sharing a server with other sites. Or, you may have multiple sites of your own on the same system. But, just as sharing a house can have benefits and drawbacks, so too with a server. The first consideration is availability. Shared servers get re-booted more often than stand alone systems. That can happen for multiple reasons. Another site's software may produce a problem or make a change that requires a re-boot. While that's less common on Unix-based systems than on Windows, it still happens. Be prepared for more scheduled and unplanned outages when you share a server. Load is the next, and more obvious, issue. A single pickup truck can only haul so much weight. If the truck is already half-loaded with someone else's rocks, it will not haul yours as easily. Most websites are fairly static. A reader hits a page, then spends some time skimming it before loading another. During that time, the server has capacity to satisfy other requests without affecting you. All the shared resources - CPU, memory, disks, network and other components - can easily handle multiple users (up to a point). But all servers have inherent capacity limitations. The component that processes software instructions (the CPU) can only do so much. Most large servers will have more than one (some as many as 16), but there are still limits to what they can do. The more requests they receive, the busier they are. At a certain point, your software request (such as accessing a website page) has to wait a bit. Memory on a server functions in a similar way. It's a shared resource on the server and there is only so much of it. As it gets used up, the system lets one process use some, then another, in turn. But sharing that resource causes delays. The more requests there are, the longer the delays. You may experience that as waiting for a page to appear in the browser or a file to download. Bottlenecks can appear in other places outside, but connected to, the server itself. Network components get shared among multiple users along with everything else. And, as with those others, the more requests there are (and the longer they tie them up) the longer the delays you notice. The only way to get an objective look at whether a server and the connected network have enough capacity is to measure and test. All systems are capable of reporting how much of what is being used. Most can compile that information into some form of statistical report. Reviewing that data allows for a rational assessment of how much capacity is being used and how much is still available. It also allows a knowledgeable person to make projections of how much more sharing is possible with what level of impact. Request that information and, if necessary, get help in interpreting it. Then you can make a cost-benefit decision based on fact. |