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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.
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. Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you. |