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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.
Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn?t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. When you are trying to see if you can use another?s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else?s work or are you copying it directly? If you are using another person?s work directly, for what purpose and how much of the original author?s work are you using? Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar ? especially if the original piece is hovering around 125 words itself! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist?s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act ? or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law. How to Avoid Spam and Junk Email and Still Enjoy Freebies Free stuff is great, but when you are facing an inbox that is literally choking on spam, than you may find yourself wondering just how free your freebies really are. Spam and junk email are the unwanted consequences of cashing in on great free deals online, and it is enough to keep some people away from freebie offers entirely. Here?s the good news, however ? you might not able to stop the spammers in their tracks completely, but there are a lot of things you can do to keep the annoyance caused by junk email to a minimum. Get on the defensive and reclaim the control you have over your inbox. Rule number one for cashing in on freebies is to set up a separate email account that you use only for your free stuff hunting. There are tons of web based email programs that you can join for free, and you can use these new email accounts as your point of contact for the companies from who you get freebie offers. After all, giving your email address to a company is simply part of getting freebies ? that is why the company is giving away freebies in the first place. They want to collect your email address so they can email you about their products and hopefully convince you to shell out some cash for them in the future. By protecting your main email address, you can easily control the amount of spam you have to wade through when you just want to read your personal or business emails. You know that a company wants your email address in a exchange for a freebie, and you know why they want it, but what you might not know is that not all companies are created equal when it comes to it how the treat your email address. To know this, you have to check out a company?s privacy policy. Some companies will allow you to opt out of all future emails, including the ones from them, meaning in theory that your email address should never end up on any junk email solicitation list after your get your freebie. Other companies don?t let you opt out of their emails, but they let you choose whether or not they can give your address to partner companies who have products to offer that you ?might be interested in.? With these companies, at least you can keep the amount of solicitations to a minimum. Still other companies follow a ?no holds barred? kind of plan, in which they are allowed to share your email address with anyone they choose. These last kinds of companies are the kinds that end up loading you up with the spam, because they often sell the lists of email addresses they collect to companies that send out spam messages. Proceed with caution when a company has a policy like this one. If you can?t find a privacy policy at all on the website from which you are getting your freebie, then it might be best to move on to a different free offer. Another spam reducing trick that a lot of people miss out on is ignoring spam completely. Don?t open your spam messages, and whatever you do, don?t ask to be removed from a mailing list. That might seem like the logical way to stop the spam, but all you do when you do that is confirm to the spammers that their email is going to a real, live person. Last but not least, if even your dedicated freebie email address is gasping under the pressure of the spam, abandon it and start a new one. If you collect freebies on a regular basis, the word will eventually get out and the junk emailers will find you. Start a new address and get a clean slate. |