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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.
Finishing a Masterpiece and Getting it on the Shelves (how to get a book published) Writing a book is a monumental task in itself. The process is long, drawn out and grueling. Even if you thoroughly enjoy writing and writing on the same subject for an extended period of time, you will no doubt be exhausted by the writing of a book. Getting that book published, however, will take even more time and effort than producing the thing in the first place. Are you thinking about writing a book? Have you already written one and now are just wondering how to get a book published? If you are, read on. Here are a few tips on how to get from the starting line to triumphantly crossing the finish line. Writing that Book When starting out writing your book, before you are ready to consider how to get a book published, you may already feel daunted. To write a successful book you need to start out with some original thought. You probably have plenty of originality, but you may have trouble getting your ideas into a coherent flow of information that will be digestible by the general public. The first step is to create a book skeleton. You need to organize your thoughts into a progression of chapters. If your book will be non-fiction, start with a table of contents. Write chapter headings and sub-headings. You will automatically know that you’ll need an introductory chapter, but you should probably leave the content of your introduction for the last step. Organize your chapters so that they build upon one another. The more headings that you can brainstorm to begin with, the easier it will be to fill in your book with a series of short articles that flow into one another. If your writing will be fiction, you will need more of a storyboard. You will need to create cause and effect as well as character sketches. To make your story coherent your characters will need events to react to. Their reactions should become predictable as your readers get into the story. You may need to create some situations for your characters just for the purpose of introducing their traits to the reader. These are very general guidelines about how to begin constructing your book. The actual process will be much more involved as you move closer to finding out how to get a book published. Even after you are finished with the bulk of the content, your goal is still a ways off into the future. Getting to Print The next step in how to get a book published is finding a publisher. There are resources at your local library that will let you know who will be the best candidate for publishing the kind of writing that you do. After a series of queries and correspondence with the potential publishers you may get an invitation to send your manuscript. Then the work begins. A publisher is very experienced in finding books that are marketable. He knows what it will take to get your book to sell. Don’t be offended when his editors tears your writing apart. If they are doing that, you can enjoy the fact that you are on the road to a published book. Expect to enter into a close relationship of compromise and change with the editor as you rework and rework what you have already so painstakingly written. When you are finished you will have a readable and clean and correct manuscript ready for print. The road to getting a book published is a long one, but well worth the effort. Trust yourself, and trust the publisher to create a beautiful masterpiece. Don’t be discouraged if several publishers are not interested in your book. You may have to just keep the first few for yourself, and then again, they may eventually get accepted. Good luck and enjoy the process. Can Facebook or MySpace Help You Land a Job? The Internet is quickly becoming the vehicle of choice for people looking for a job and for employers looking for people to hire. There are many job sites on the Internet dedicated to matching up employees and employers, and most people turn to the Internet today when they are hunting for a job instead of turning to the classified ads in the local paper. Job hunting websites may all be well and good when you are looking for a job, but what about social networking sites. Everyone knows how popular sites like Facebook and MySpace are online, but can they help you get a job? If you are in the job market, can these sites be your foot in the door, or a one way ticket to the unemployment line? The answer is that there is no easy answer. To know if you can find a job using Facebook or MySpace, you have to know how employers feel about these sites, and employers have mixed feeling about them. Some companies are actively using social networking sites to track down employees that meet their company’s employee profile and have had great success finding workers via social networking sites. Other companies wouldn’t touch these sites as a hiring tool with a ten-foot poll – in fact, many companies don’t even want you to access these websites from their company computers. The real answer to this question has more to do with exactly what kind of job you are looking for. Are you looking for an executive position at a company? Then stay off of the social networking sites, at least for job hunting (and maybe all together). No company is going to look for its top brass on a social networking site, and you will be wasting your time. However, if you are looking for entry level or hourly wage work, the social networking sites like MySpace and Facebook may be the answer for you. Many hourly wage employers in particular, like fast food restaurant chains and mall stores, use MySpace and Facebook to look for potential employees in their area. If a potential employer sees your profile and thinks you may be a good fit for their company, they will send you an email or an instant message and get the ball rolling. You should also, however, carefully consider the downsides of using social networking sites as a job tool – and you should carefully consider how and if you use these sites at all if you are in the market for a new job. Most people wouldn’t want their parents to see their social networking site profile, let alone potential employers. If you have rude and off color material, political or religious material, and inappropriate photos of yourself on your profile, a potential employer will be turned off, and you might lose your chance at that job. Most people give up way too much of their privacy when they use these kinds of sites, and your social networking site profile may offer a window into a side of you an employer might not be overly impressed with. Further, you can open yourself up to danger by using these sites to job hunt. If someone approached you in the street and offered you a job, would you accept? Then why would you accept a face value an approach by someone on social networking site? If you do get approached for an interview, never meet anyone in a private place, and do your homework to make sure the facts check out before you go for the interview. One last reality check – there are over 60 million users on MySpace alone. How will an employer find you in the crowd? MySpace and Facebook may help you in your job hunt, but don’t count on them as your sole avenue into the job market. |