Posted Jan 7, 2013 21:26 UTC (Mon) by man_ls
In reply to: it will be full of lawyers and special interest groups
Parent article: The USPTO Would Like to Partner with the Software Community ... Wait. What? Really? (Groklaw)
Sense of entitlement usually come from the work done.
That is very reasonable indeed.
any kind of protection beyond copyright is even immoral
Really? Any kind?
Indeed. The other protection mechanisms are patents, trade marks and industrial secrets (this last point is not even considered by WIPO
). Trade marks do not relate to software itself: it is not "I trade under this brand in software" but "I trade under this brand". The same holds for secrets: it does not matter if the secret algorithm is done by a computer or by a very fast accountant. And patents are what is under dispute here.
The only valid protection for software is copyright, and even that is not universal: APIs for instance are not held to be copyrightable in the US, and APIs are an integral part of software. Also, seeing the wild success of software that forfeits the protections afforded by copyright, and how huge corporations often embrace it and profit from it, a case can be made against copyright for software. But let us not get into radical states of mind.
Considering I know of counterexamples from my own clients who use their patents to avoid being overrun by established companies I find this is stretching things beyond the breaking point.
Please cite a public example. All we hear from the US is precisely established companies that crush their smaller competitors with their puny patent holdings; it would be good to see the reverse side.
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