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12

I've held to the advise given by Paul Graham in his essay: Are Software Patents Evil? No one will sue you for patent infringement till you have money, and once you have money, people will sue you whether they have grounds to or not. So I advise fatalism. Don't waste your time worrying about patent infringement. You're probably violating a patent ...


6

The options that you list are STRATEGIES. The issue you have with patents, especially when you find that you might cross paths with one that is granted to somebody else, is that you must have a strategy. This might be to get a license, to work around it, to fight it, to ignore it, or any of a number of other things you might come up with. If you are in ...


5

As always with legal questions, you should talk to a lawyer. My advice, however, is to not even look. Even if you license every patent which could conceivably apply to your product, and there will likely be hundreds of them, someone else could still sue you for violating a similar patent. Your licenses might give you more ammunition in court, but they ...


5

I reverse the question: Why would Microsoft being interested in supporting such a format? Few wide-spread portable players support it (this is likely to change, at least I hope) mp3s are good enough for most users (the average user doesn't know what a OGG is) Why should microsoft spend time and resources on this if a third-party can implement a ogg codec ...


5

The final answer is "it depends." And whatever that answer is, it will be tempered by the attorney you need to consult before taking a product live. Laws will vary by jurisdiction, and no one here is qualified / prepared to offer you legal advice. First, the easy part - the fact that it would be for a non-profit has almost no bearing in this matter. ...


4

As someone who studied to take the patent examiner test, several of your presumptions are slightly faulty. Would posting your idea to public websites, and using the poor man's patent technique ensure that even if someone else patents your idea, you have protection from being sued, and possibly the ability to invalidate their patent? The certified ...


4

If the patent had been applied for before the paper was written, it would probably say in the paper. But it might have been patented AFTER the paper was written, so you'd best look up the authors at the USPTO website. I am not a lawyer, but I don't think there is any license at all on algorithms that are published in academic papers. There would be a ...


3

#include <IANAL.h> Short answer: Registering a copyright is a good idea, it won't help defend you against existing patents. Publishing anything, anyhow, that can be identified as prior to the filling of a patent. Long answer: Patents and copyrights are two fundamentally different areas of intellectual property law. One doesn't touch on the other. ...


3

The license wants avoid this situation: Contributor-A creates a free project. Contributor-A convinces to Contributor-B, Contributor-C and Contributor-D of to collaborate with the project. All people is very happy right now. The world is wonderful. The contributors sell products based on the code of the project. The contributor make much money from the ...


3

I'm not a lawyer, but it looks to me like a plain English reading of section 3 is: You can freely use the technology in this product, even if any of it is covered by patents owned by the contributors, without having to worry about patent issues. But if you try and sue anyone over patent issues related to this product, then you lose the rights of this ...


3

There are no software patents in europe, but copyright does exist. Redistributing someone elses code means you have to follow their license, which may mean paying royalties. OSS is probably ok, if you also distribute your sourcecode. LGPL is also ok for commercial use, as are MIT and BSD licenses.


2

Get a lawyer. That said, read the first claim, which is the broadest. It likely contains several steps. If your program were to cover some of those steps, but not all, then, in theory, you would not infringe. If your process covers all the steps described (and possibly some more beyond what is stated in the patent), then your patent would infringe. So ...


2

Well really it comes down to who is taking the risk. If there is risk that something is violating a patent then the people funding the effort should be aware of this. That being said, as a freelancer, if you do not cover your tracks they could blame you. It is up to you, you can build the feature and have enough paperwork with them signed saying you are ...


2

In the US, datasets are not patentable. They are, though, covered by copyright. I believe the extent of such depends on the nature of the collection (is it lists of facts, or lists of data someone created) and what you are doing with it. So you'd want to present your attorney with the exact nature of your data set and have them advise based on that. ...


2

I think you're asking the wrong people. The only valid answer is: ask an attorney. Make sure he knows a thing or two about international IP laws, too - things are different on each side of the Atlantic. And if it comes to it, having a corporation in China or Nigeria or what not with a giant "Sue Me" sign on the front door occasionally helps too.


2

From what I gather, the software you used was was "non-commercial use only" and not the dataset. Since you are giving the dataset away for free, I wouldn't really call that commercial use. That being said, this is one of those things that it is better to ask an IP lawyer about.


2

We can't give out legal advice here. I can tell you, the legal advice I've seen online indicates that lawyers generally tell developers not to look into software patents because, at least in the US, if you knowingly infringe then courts will award punitive damages of 3 times the regular damages awarded in a lawsuit. So, now that you know about the patent ...


2

If you've shipped before the patent was granted and can show that your application was in development before the patent was requested, then your application is prior art and invalidates their patent. That's my layman's understanding, anyway- after all, you can't protect an idea as your original idea that you should own and nobody has devised before, if you ...


2

You say that you're "not concerned about it being in demand from customers," but you should be very concerned about exactly that. How many customers are there that would be willing to pay for your work? How much would they be willing to pay? How will they find you and your product, or how will you find them? The answers to these questions exactly determine ...


2

You could move your company out of the US, and into some country in Africa, Central America or the Caribbean. In addition to the comfortable climate and potentially better tax conditions, you'll have the benefit of having judges who have little if any interest in enforcing patent laws from outside of their jurisdiction.


2

You are attempting to establish prior art, and I don't think a copyright service such as you've noted will do that. You'd have to look up the prior art definitions for each country you care about, but my (non-lawyerly) understanding of the US rules is that it has to have been in a 'printed publication' somewhere to be considered as prior art. I don't know ...


2

If a solution to a problem is a workaround or not is often just a matter of viewpoint. And to find a good workaround for a problem is sometimes not easy and may need a whole lot of intellectual work, not necessarily less than a "straightforward" or "uncompromising" solution. So assumed software patents would be any kind of fair (which I strongly deny!), I ...


1

Some jurisdictions allow patents based upon business process; some don't. You'll need to consult with an attorney in your area that specializes in intellectual property. Keep in mind that even if you receive a patent for an invention, you still have all of the responsibility for detecting and enforcing infringement of your invention. Generally, for a ...


1

should I patent it? Only if: You have the resources to enforce the patent by looking at every firm that might use it and somehow find out if they are using your algorithm in their likely proprietary softwareIn practice, this requires filing a patent infringement lawsuit or else you won't get to peek at their code. Unfortunately, you have to have some ...


1

At least in my experience, the chances of making money are closely (and directly) related to the degree to which the tool is specialized. Generalized tools are a much more difficult place to make money. Competition. There are so many excellent implementations of such good languages already available for free, that you need something that's substantially ...


1

From my limited understanding, previously published works cannot be patented. If you just want to be protected from some else patenting your idea in the future, and have no care about IP protection, put it into an appropriate open repository or code snippet store (or two) such as source forge, bit bucket etc, meaning you have published it, hence, no ...


1

Get 10,000,000 Americans to sign a petition that software and all other information cannot be patentable as per our Constitution. Such a massive restriction on communication and learning is terribly stifling, and Congress has no right to create a law that does not serve the general welfare, common defense, etc, and which stifles progress in the art. And ...


1

LGPL permits you to redistribute and even make changes provided you maintain the LGPL for that portion of code you received and did not change, I believe. Just be careful not to sell to any country that permits software patents. This is achievable through your own licensing agreement and probably some good faith effort not to sell to IP addresses coming ...



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