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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.
US copyright law U.S. Copyright Law Covers Artistic Expression and Creative and Intellectual Works The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person?s idea or concept and produce their own take on it. However, copying another person?s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner?s copyright. Copyrights cover published and unpublished work. Anyone who is in the creative arts arena should be very careful that they do not violate US Copyright Law. For that matter, anyone who is a fan of the creative arts should make sure they are not in violation of a copyright. Simple things like uploading, downloading and sharing music or movie files can result in serious charges and fines being brought against them. With the popularity of the Internet and file sharing software there many copyrights are currently being violated. Copyright owners are starting to take a stand against them and are hunting down the perpetrators. Be careful that you are not overstepping your boundaries and violating someone?s copyright law.
The Top Virtually Bug-free Free Email Services on the Net Virtually bug-free e-mail services are available actually from several places. Many of these service providers are big names, known by many, especially Internet users. The difference between the different e-mail providers lies in several things. These differences include but are not limited to plenty storage space, effective spam filtering, a fast user-friendly interface, desktop e-mail program access and much more. Currently in the United States and the rest of the world, the best offer for free e-mail comes from Gmail. Gmail is part of the Google business enterprise (the search engine most of us know) and offers the most features and storage space for their users for free. With virtually unlimited storage capacity for e-mails, a user never has to delete any e-mails of the server and can collect all the messages. Gmail offers a simple user-friendly interface, which also includes an excellent search function that lets a user find messages instantly and precisely. Another great feature of gmail is the POP and IMAP access features. This gives the user the possibility to download the e-mail from the server with any e-mail program that the user generally would use. The program can then also automatically download the e-mails into the program ready for the user to read. Gmail is funded by displaying advertising next to the e-mails read. Next on the worldwide list would be GMX, a German provider that offers many of the features gmail offers, but with limited storage space. This program also has the POP feature and can therefore be used in conjunction with any of the common available PC e-mail programs. Right after gmail it is one of the most reliable e-mail services, but unfortunately they discontinued the English user face and only offer a German version now. Thereafter on the top free e-mail services providers is AIM Mail. It is the free web-based service from AOL. Like gmail it offers virtually unlimited online storage, excellent spam protection and a simple, easy to use interface. Unfortunately, AIM Mail lacks proper productivity, such things as labels, smart folders and message threading is not available. AIM Mail also offers a very functional POP and IMAP access. Yahoo! Mail would be the next e-mail service that should be mentioned on the list of the top virtually bug-free services on the Internet. Yahoo also offers virtually unlimited storage space for e-mails and a few other nice features, such as Short message services for texting to friends and family, instant-messaging features for the internet and up to date news feeds. What Yahoo! mail lacks is a really good spam filter. It offers a spam filter, but it is not effective enough. Also nice to have would be labeling options as well as smart folders. The Yahoo! Interface is just as easy and user-friendly as the other providers and fairly reliable. To complete the list we need to mention the following three services, Inbox.com, FastMail and Hotmail. Inbox.com offers e-mail users 5 GB of free space to store e-mail online. Despite the limited space, this service is outstanding due to its high-speed accessibility. Web access and POP access are very fast and even the search functions are faster than with most other services on the market. The drawbacks of Inbox.com are the missing IMAP access, only POP is provided and the organizing of mail is slightly unorganized due to missing smartfolder technology. FastMail on the other hand offers users only IMAP. It has many useful features and has one of the best web-based e-mail interfaces. It also generally displays fewer ads then the other services do. And lastly, Live Hotmail should be mentioned here, since most PC users that have a Windows based operating system will have heard of hotmail. This program offers 5 GB of storage for e-mails online. It has a fast search option, a solid security feature and the interface is as easy as the ones users are used to on their desktop. Even though security is great, the spam filter is not quite as effective as some of the other e-mail providers. Also missing with this provider is the POP and IMAP access as well as smartfolders and other great e-mail organizing features.