...but if you develop some wonderful new technology you should be able to patent it and get some benefit from it for a few years at the very least.
A computer is an invention. A program is not.
South Africa’s biggest forum. Discuss, discover, and connect with thousands of members.
...but if you develop some wonderful new technology you should be able to patent it and get some benefit from it for a few years at the very least.
Copyright on software is impossible to enforce.
But, a technique of doing something using software is enforceable as the evidence is on the outside.
i.e. A patent can be identified without running through lines of code.
IMHO
generally with software, the guys who come up with a great idea and market it well tend to corner said market to a large extent. think google , mixit, paypal... so patenting the product is in effect not relevant or worth the time and effort
Just for your information: Google patented their "PageRank" technology...
A lot of companies have 'defensive' software portfolios, and currently there exists a sort of stalemate - if you don't sue us, we won't sue you.
I have personally seen some US software patents. A lot of the patents are issued based on a description of an idea and not any working piece of code. People come up with an idea, and then patent it without a working product.
When a hardworking company/individual independently develops a working product based on the same idea without any knowledge of the patent, the patent holder threatens to sue them. They then licence this 'technology' to the offending company on threat of litigation, and make a very nice living doing sweet fsck-all.
That is really counter productive and damaging to software innovation generally. What ever you develop is sure to violate some patent and when you start making money, the patent trolls will come after you to extract some licencing fee.
A lot of companies have 'defensive' software portfolios, and currently there exists a sort of stalemate - if you don't sue us, we won't sue you.
Read what Mark Shuttleworth has to say about software patents - he's 100% correct imnsho
The idea of a patent is for engineers to pick an existing patent and develop it, and then provide for renumeration to the inventor.
The problem comes in when 2 people invent the same thing.
This results in a stalemate.
Many of them are also extremely broad and vague, like method to send stuff over wires.I have personally seen some US software patents. A lot of the patents are issued based on a description of an idea and not any working piece of code. People come up with an idea, and then patent it without a working product.
For a start it would have to be restricted to real inventions, not the vague, broad rubbish that currently fills the software patent lists. It would also have to be suitably short to allow others to build on it - six months is probably excessive, but we could be generous.I agree patents are not necessary, but there should be some system in place to protect new technologies at least for a short period of time so that the "inventor" can garner some kind of benefit from it before his competitors start to use it.
At last someone in parliament that talks sense! Expect micro$oft to oppose her statements. Microsoft is arrogant enough to think they are the only company in the world that can / may write software.