The debate about software patents has been ongoing for a very long time. It is true that everyone has the right to safeguard their personal creations, but then again, no one really has the ultimate power to grant an individual the right to certain creativity (concession)…
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Software should not be patented, they say? (Anthypophora) Yes, it is only right that software should not be patented since it would not make sense to grant one person the right to a single innovation thereby making it impossible for any other person to come up with the same or even better piece of innovation.
In many instances, software patent lay is shrouded by assumptions and myths (Bird and Jain 56). When one reads the arguments presented online about the criticisms of software patents, it is hard to miss the frequent misunderstanding, unnecessary exaggeration, considerable conspiracy theory and even misdirected equivocation which render these most of these arguments null and without substance (accumulatio). In other words, these arguments are baseless and should not be taken seriously. A good example of an argument that does not hold water at all is based on claims that software patents are used as schemes by greedy copyright lawyers who are out to make an extra buck by destroying patent protection (Stobbs 45). Despite such arguments as the one mentioned here (concession), there are many rock solid (metaphor) arguments against software patentability which make sense. One argument that carries a lot of weight, and one that has been frequently mentioned in many respectable circles is that the patents can potentially encourage the creation and development of what are commonly referred to as patent thickets. In the world of technology, according to Stobbs (52) patent thickest are those numerous patents that are interconnected and researchers normally have a hard time navigating through them when they want to develop new technologies. There are two major types of thickets which can arise from software patent. The first type is the one that is characterized by a single innovation and it can be protected by more than one patent holder. This means that any individual interested in the development of certain software can obtain different licenses from several owners. The other type of thicket is one which allows for a product to be covered under many different patents as opposed to just one. The presence of these thickets in the software industry may cause the cost of innovation to rise and inefficiency in terms of growth. Some people argue that software patents have economic value. However this value is usually undermined by the lack of a clear way of searching the software for patenting purposes (concession). This results from the fact that software patents are rarely indexed in any way that can make sense. This makes keyword searches on the software in question very hard and ineffective. There is also the question of legislation. In most cases, one cannot conduct patent libraries in the public domain due to stringent legal obstacles (Burgunder 26). The economic benefits of software patents are thus undermined since they normally depend on technical disclosures as well as patent claims which can only be found in the public domain. If an individual was to hire a patent lawyer to conduct a clearance search, it would not be
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The classic example of rapid changes in technology is Microsoft Windows. As soon as people learns and develops one version of Windows; the other comes up in the market. e. g. 16-Bit, Windows95, Windows2000, Windows 2003, Windows XP, Windows Vista and today Windows 7.
This article analyzes the evidence both for and against the use of software patents, and considers what effect that these have on the industry as well what the best direction is for the future. Arguments for both sides come not only from the business world, but also from academics, scientists and the average consumer.
Everything would depend upon the contents of the patent and how it is drafted, including the extent of the monopoly that has been sought by MCJ and if the claims are not clearly spelt out in the original patent application that was filed in 2001, otherwise there may be a cause of action arising to DD in negligence.
In United States, the term of a new patent is normally 20 years from the date on which the application for the patent is filed. The rights conveyed by a patent vary country-by-country.
To get the patent from the government the invention must be new, having an inventive step, which earlier nobody had knowledge off, entirely a new thing, which can be used or made in some industry.
The software copyright rules defend software authors and developers, similarly as investors are protected by the patent law (National Academy of Engineering; Shelly, Cashman and Vermaat).
In the same way, borrowing a licensed software
This paper will attempt to piece together pertinent information and formulate an ethical analysis of the practice of software piracy. The information gathered will be representative of the many sides to the argument. Table of Contents Abstract 2 Table of Contents 0 Introduction 0 Software Piracy & Intellectual Property 1 File Sharing & Digital Culture 2 Software Piracy & Global Economic Inequality 4 Conclusion 5 References 6 Introduction Software piracy involves the distribution and use of unlicensed copies of proprietary programming code and applications that are protected under international copyright and intellectual property law.
Apple asserted that Samsung made their devices so identical that customers could perceive those products, produced by Samsung, as made by Apple. A Research carried to this effect, based on witnesses’ testimonies indicated to the court that a substantial number of consumers has confused Samsung tablet computers and smartphones as Apple products.
Netherlands and Germany are some of the countries in Europe who have legalized and/ or decriminalized systems of prostitution, by which all stakeholders including pimps, brothels and buyers have also been decriminalized. In Thailand and other places, the government legally prohibits prostitution activities and enterprises, but in fact permits brothels to function, along with the buying of women for commercial sexual exploitation, especially in its sex tourism industry.
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