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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 lawyer complaints Complaints, Copyright Lawyer Complaints and Clients There are many copyright lawyer complaints, from both the lawyer and clients, but here is a list of what are the most popular. That’s right clients aren’t the only one that can have a complaint, even lawyers get them. Imagine working in an office all day representing people. You have to deal with the worse crowd some days, other days are a piece of cake, but it is the person that comes in demanding that you get them what they want right then and there. This person gets mad once the lawyer explains the process and ends up storming out of the office. Now the lawyer is left, angry and without pay. Wouldn’t this fall under a copyright lawyer complaints? As a client you have the choice of picking another lawyer; however a lawyer doesn’t have this option. They need you in order for them to get paid; they aren’t going to turn you down just because you are a bit obnoxious. Another copyright lawyer complaint may also be towards the clients, lawyers hate to work a case that others have already tried…or worse one that the client has tried himself without legal representation. To avoid this, hire a lawyer before you go to court. Don’t think you are an expert in the field just because you read a few articles or have seen a few cases on copyrighting on the television. One of the biggest copyright lawyer complaints is that the client didn’t know that the lawyer was going to charge something. This is one reason you should find out before agreeing to anything what it is you, as a client, will be paying. You don’t want to find out after the trial that you owe a huge amount of money to a lawyer that you don’t have the cash for. A copyright lawyer complaint may be that their client doesn’t have the proof they need for a case. This can be easily solved by the client if they took the proper precautions, however chances are they didn’t or they wouldn’t be needing a lawyer. Try keeping all your work in a safe place with dates stamped on them to prove when they were created. This doesn’t guarantee you that you will win a case but it can help your lawyer. Last, you, as the client didn’t know much about your copyright lawyer, complaints were filed against him in the past but you had no knowledge of them. Maybe he just lost your case because he gets angry at the drop of a hat and just showed it in the courtroom, or maybe he just didn’t return your phone calls and you had no clue when you had to be at a hearing. This will only fall back on you for not looking into him/her enough. There are a ton of resources out there, use them. Don’t just pick the first name you see. If you think that you have a case against your lawyer you can always file a claim. The best way to avoid copyright lawyer complaints is by making sure both parties are satisfied with the experience. If you are the lawyer, find out in the first meeting what your client expects of you and as a client find out what it is your lawyer will be doing for you so you don’t make assumptions. Making sure everyone has a clear understanding of what shall take place is the only way to have the best experience. Remember, a happy client means a returning client and more customers. But a client with a bunch of copyright lawyer complaints is bad for business. Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. |