|By Udayan Banerjee||
|July 9, 2012 10:30 AM EDT||
Of late patents around mobile technologies have been in the news. Four high profile news items are (1) Oracle suing Google for Java patent violation, (2) Apple and Samsung fighting each other in different parts of the world, Microsoft, Apple, Rim and others jointly buying Nortel patent library for $4.5 billion and (4) Google buys Motorola Mobile and gets 17,000 patents.
This is only the tip of the iceberg. This diagram from Reuters shows the complex battlefield of mobile patent and significant portion of these patents are for software.
In the sideline of this patent war, a debate has been raging about the usefulness of the US patent law governing software patents. Point to note here is that each country has a different patent law. For example, in India, software per se cannot be patented.
If you want to have a quick look at what patenting is all about have a look at -
What is the debate on Software Patents about?
In US the patent law is expected…
“…to promote the progress of science and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries…”
However, the distractors claim that the software patent law does the exact opposite – it stifles innovation. They claim that there are enough scientific studies to prove this point. With so many patents around it is practically impossible to write a piece of software and feel confident that it does not violate any existing patent!
Here is couple of references to those studies:
There is also a Wikipedia page which discusses this topic.
For and Against – Three Arguments each
- Public disclosure: Since patent must publicly disclose the invention it is expected to accelerate software development by making previously unknown and not obvious software inventions public.
- Allow the inventor to peacefully perfect the invention: Since every invention requires time and effort to perfect, the patent provides protection without the fear of imitation.
- Encourage the inventor to additional use to maximize return: The inventor will have incentive to search for further applications of the patented software.
- Patent has never been an incentive for a Startup or VC: Survey of software entrepreneurs and venture investors indicate that they would have invested even without patent protection.
- Defensive patenting locks up invention: Companies patent everything they can think of that might be relevant to their business and then implement only a fraction of those things, which creates a barrier for innovation.
- Deterrence to work on innovative idea: Companies may be reluctant to invest in a new idea because of the fear that the work may infringe on some existing patents.
What about economic benefit?
Pro: For small companies patent should (1) provide protection to market their products, (2) increase the valuation of the company and (3) combat large players through patent law suit.
Con: The process of patenting is very expensive and only a small percentage of patents land up making any money. Small companies aren’t very well protected by patent because the damages awarded may be very small. It appears that the economic benefit goes to the “Patent Troll” who buys patents just to fight law suit and claim infringement.
Is Copyright not sufficient protection for software?
Sufficient: Copyright is the right of an author of any software to prevent others from copying their creative work without a license. Copyright protection is given automatically and immediately without the need to register, though registration strengthens protection. Often copyright infringement is relatively easy to determine.
Insufficient: Patents protect functionality. Copyright on the other hand only protects expression. Substantial modification to an original work, even if it performs exactly the same function, would not be prevented by copyright. To prove copyright infringement also requires the additional hurdle of proving copying which is not necessary for patent infringement.
Inventions aren’t created by a single genius
Current research suggests that inventions are created from a bunch of people competing and collaborating as the world changes. That makes the whole theory behind our current patent system is flawed. The current patent system is built around the idea that lone genius individuals need to be incented to make great leaps forward.
See this paper – The Myth of the Sole Inventor
If you believe in FOSS movement then it is very difficult to support software patent
Let me just refer to this post – Why Patent Injunctions Are Even Worse For Open Source.
Some believe that…
Software = Algorithm = Mathematics … so it cannot be patented
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Interne...
Jul. 23, 2016 04:30 AM EDT Reads: 1,896
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jul. 23, 2016 04:00 AM EDT Reads: 2,327
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Jul. 23, 2016 02:45 AM EDT Reads: 2,021
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, demonstrated how to move beyond today's coding paradigm and shared the must-have mindsets for removing complexity from the develo...
Jul. 23, 2016 01:15 AM EDT Reads: 1,002
SYS-CON Events announced today that MangoApps will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. MangoApps provides modern company intranets and team collaboration software, allowing workers to stay connected and productive from anywhere in the world and from any device.
Jul. 23, 2016 01:00 AM EDT Reads: 1,141
The IETF draft standard for M2M certificates is a security solution specifically designed for the demanding needs of IoT/M2M applications. In his session at @ThingsExpo, Brian Romansky, VP of Strategic Technology at TrustPoint Innovation, explained how M2M certificates can efficiently enable confidentiality, integrity, and authenticity on highly constrained devices.
Jul. 23, 2016 12:45 AM EDT Reads: 710
SYS-CON Events announced today that LeaseWeb USA, a cloud Infrastructure-as-a-Service (IaaS) provider, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. LeaseWeb is one of the world's largest hosting brands. The company helps customers define, develop and deploy IT infrastructure tailored to their exact business needs, by combining various kinds cloud solutions.
Jul. 22, 2016 11:15 PM EDT Reads: 959
Early adopters of IoT viewed it mainly as a different term for machine-to-machine connectivity or M2M. This is understandable since a prerequisite for any IoT solution is the ability to collect and aggregate device data, which is most often presented in a dashboard. The problem is that viewing data in a dashboard requires a human to interpret the results and take manual action, which doesn’t scale to the needs of IoT.
Jul. 22, 2016 11:00 PM EDT Reads: 1,785
Internet of @ThingsExpo has announced today that Chris Matthieu has been named tech chair of Internet of @ThingsExpo 2016 Silicon Valley. The 6thInternet of @ThingsExpo will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Jul. 22, 2016 10:45 PM EDT Reads: 1,821
When people aren’t talking about VMs and containers, they’re talking about serverless architecture. Serverless is about no maintenance. It means you are not worried about low-level infrastructural and operational details. An event-driven serverless platform is a great use case for IoT. In his session at @ThingsExpo, Animesh Singh, an STSM and Lead for IBM Cloud Platform and Infrastructure, will detail how to build a distributed serverless, polyglot, microservices framework using open source tec...
Jul. 22, 2016 10:00 PM EDT Reads: 2,170
“delaPlex Software provides software outsourcing services. We have a hybrid model where we have onshore developers and project managers that we can place anywhere in the U.S. or in Europe,” explained Manish Sachdeva, CEO at delaPlex Software, in this SYS-CON.tv interview at @ThingsExpo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 22, 2016 10:00 PM EDT Reads: 1,411
"My role is working with customers, helping them go through this digital transformation. I spend a lot of time talking to banks, big industries, manufacturers working through how they are integrating and transforming their IT platforms and moving them forward," explained William Morrish, General Manager Product Sales at Interoute, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 22, 2016 09:30 PM EDT Reads: 1,983
A critical component of any IoT project is what to do with all the data being generated. This data needs to be captured, processed, structured, and stored in a way to facilitate different kinds of queries. Traditional data warehouse and analytical systems are mature technologies that can be used to handle certain kinds of queries, but they are not always well suited to many problems, particularly when there is a need for real-time insights.
Jul. 22, 2016 09:15 PM EDT Reads: 1,602
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
Jul. 22, 2016 09:15 PM EDT Reads: 2,381
IoT is rapidly changing the way enterprises are using data to improve business decision-making. In order to derive business value, organizations must unlock insights from the data gathered and then act on these. In their session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, and Peter Shashkin, Head of Development Department at EastBanc Technologies, discussed how one organization leveraged IoT, cloud technology and data analysis to improve customer experiences and effi...
Jul. 22, 2016 09:00 PM EDT Reads: 1,898
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform and how we integrate our thinking to solve complicated problems. In his session at 19th Cloud Expo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm ...
Jul. 22, 2016 08:45 PM EDT Reads: 2,070
Big Data engines are powering a lot of service businesses right now. Data is collected from users from wearable technologies, web behaviors, purchase behavior as well as several arbitrary data points we’d never think of. The demand for faster and bigger engines to crunch and serve up the data to services is growing exponentially. You see a LOT of correlation between “Cloud” and “Big Data” but on Big Data and “Hybrid,” where hybrid hosting is the sanest approach to the Big Data Infrastructure pro...
Jul. 22, 2016 08:15 PM EDT Reads: 1,736
From wearable activity trackers to fantasy e-sports, data and technology are transforming the way athletes train for the game and fans engage with their teams. In his session at @ThingsExpo, will present key data findings from leading sports organizations San Francisco 49ers, Orlando Magic NBA team. By utilizing data analytics these sports orgs have recognized new revenue streams, doubled its fan base and streamlined costs at its stadiums. John Paul is the CEO and Founder of VenueNext. Prior ...
Jul. 22, 2016 08:15 PM EDT Reads: 1,910
The Quantified Economy represents the total global addressable market (TAM) for IoT that, according to a recent IDC report, will grow to an unprecedented $1.3 trillion by 2019. With this the third wave of the Internet-global proliferation of connected devices, appliances and sensors is poised to take off in 2016. In his session at @ThingsExpo, David McLauchlan, CEO and co-founder of Buddy Platform, discussed how the ability to access and analyze the massive volume of streaming data from millio...
Jul. 22, 2016 07:30 PM EDT Reads: 1,099
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo Silicon Valley Call for Papers is now open.
Jul. 22, 2016 07:00 PM EDT Reads: 2,383