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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.
Big Time Experience with Small Time Publications (writing newsletter articles) When you start writing, you may have ambitions of getting your name on the front page of newspapers and on feature stories in magazines, but you will soon find out that it takes time to get there. Even the best writers have to make their way through the ranks before making it to headline status. Don?t be discouraged though. Even though you may have been rejected more times than you could have ever imagined, there are still many places that will be accepting. Even if you feel like you?ve exhausted all of your creative power, there are publications that are ready to help you develop even further. The buildup is not leading towards riches or fame, but writing newsletter articles can be a great step in that direction. The first thing that any writer should realize is that there is more to learn. Even knowing all of the grammar and all of the clarity rules will not make you a good writer. Only experience can bring you to that place. Newsletters are a great place to start getting cleaning up your writing and to start learning to write for different audiences. Who Prints Newsletters? Why are newsletters such a great place to start earning publications? There are plenty of organizations and groups that print them. The printing money and the circulation are already in place. The other great thing about writing newsletter articles is that there is almost always a high demand for newsletter writers. The pay is not great and is most often non-existent, but the newsletters must go out all the same. Hit up any organization in town that you know prints a newsletter. Some of the printing is done nationally for the larger organizations, but many will be done locally. Try volunteer and non-profit organizations as well as university and church groups. These organizations will all have news that they need to get to the public. Many of them survive based on public donations. What that means for you is that there is plenty of demand for talented and interesting writers. The Expert in Print If you have any sort of claim to expertise along with your writing skills, you will be a fantastic candidate for writing newsletter articles. One great draw for a reader is the pull of a well researched and authoritative article. Imagine the thrilled group of environmentalists when you approach them with evidence that the developmental process for non-stick pan coating is connected to the decreasing population of Asian tortoises. You?d have a job in no time. Regardless of whether or not you got paid for your work, you can expect that you?d get repeated assignments, growing experience and bylines galore for your next step of job applications. Being knowledgeable about a certain subject will give you many writing opportunities. If you have any experience in a subject area, be sure to add it to your resume. As you write newsletter articles, you?ll only add to you?re your expertise. Other Newsletter Articles If you don?t necessarily believe that you have an area of expertise that is not a problem. There are many other ways to get into writing newsletter articles. A big part of newsletter content is just content. Newsletters need to be made up of interesting and varied articles. There are usually volunteers that head up the projects and they in turn hire various writers to fill in the titles that they choose. If you can be flexible in your writing and if you can find a newsletter that works with a topic you care about, you will be well on your way to building your resume with bylines and great circulation. Writing newsletter articles will probably not be a career in itself because of the low pay scale, but it will take you closer to a lucrative writing career. Think of writing newsletter articles as a type of community service. Even after you have added paying pieces to your repertoire you may continue to write for the newsletters that you care about. Copyright Music Infringement Copyright Music Infringement is Not Preferred Method for Music Lovers In recent years, copyright music infringement has seen an unprecedented leap in scope and scale. This is largely due to online services that allowed unchecked file sharing among their subscribers. While this abuse of copyright is not by any means limited to music, this is where the most profound effects of file sharing have been observed. Industry giants of file sharing are cropping up left and right with the demise of the pioneer for illicit file sharing, Napster. The Recording Industry Association of America (or RIAA) has made copyright music infringement their primary cause to fight. They estimate that peer-to-peer file sharing takes around 4.2 billion dollars each year worldwide from the coffers of the music industry. I really cannot blame them that is a fairly large chunk of change. The problem with their estimates however is the assumption that people would actually buy every piece of music they download or that they aren't buying the music they would have bought at any rate. While I by no means condone copyright music infringement or any other copyright infringement I do believe they are overestimating the damage to the industry that is being done by these file-sharing programs. One of the primary arguments that the RIAA is using in order to, hopefully, discourage people from not supporting their favorite groups and artists by buying their recordings, is the fact that new and struggling bands are less likely to continue making music because it will no longer be profitable. The bulk of musician's incomes are the result of royalties, which depend entirely on the sales of their albums. The RIAA is using the legal system to back them up by taking the fight to court. Recent claims made by the RIAA include one rather controversial claim that people ripping CDs they have bought and paid for does not constitute fair use because CDs are not "unusually subject to damage" and that if they do become damaged they can be replaced affordably. This assertion has raised more than a few eyebrows and is giving rise to opponents of the RIAA who claim that the lawsuits and crackdowns against those presumed guilty of copyright music infringement are actually hurting music sales and the profits of the music industry. During the height of Napster popularity (the hallmark by which all file sharing seems to be compared) CD sales were at their highest rate ever. People were exposed to music and groups they otherwise may not have heard without file sharing. As a result of enjoying the music by these groups people went out and actually bought the CDs of the music they enjoyed. It's ironic that the very lawsuits designed to stop copyright music infringement have actually managed to stifle file sharing enough that CD sales are dropping noticeably around the world. Opponents and critics also challenge that rather than being a source of copyright music infringement, peer 2 peer networks offer unprecedented exposure for new artists and their music. Another argument against the RIAA is that the real reason for the lawsuits against file sharer is because they want to keep the prices for CDs over inflated while keeping the actual royalties coming to the artists relatively low. The copyright music infringement claims made by the RIAA have become suspect. The music industry is currently working on ways where fans can legally download music. This will mean that fans have access to the music they love from their PCs and directly to their music playing devices without resorting to illegal copyright music infringement. The truth is that most people want to do the right thing and given viable alternative will elect to do so. |