Linked by Thom Holwerda on Tue 19th Jul 2011 17:09 UTC
Google For the first time, Google has opened its mouth against the patent trolling by Apple (and by proxy, Microsoft) against Android manufacturers. By way of Eric Schmidt, Google's chairman, the company took stand against the legal actions, and stated they aren't too worried. If need be, Google will ensure HTC doesn't lose the patent case against Apple.
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RE[3]: How can this be fixed?
by organgtool on Tue 19th Jul 2011 20:53 UTC in reply to "RE[2]: How can this be fixed?"
organgtool
Member since:
2010-02-25

If software is only covered under copyright

Just to be clear, software is currently covered under copyright and patents. I am suggesting that copyright protection alone is more than adequate protection.
One could easily reverse engineer the software then change the code (variable names, language, interface, etc.) and then just release the software as their own.

This has happened numerous times before, especially with companies infringing on code from open source projects. There are several ways to prove your case against these companies. One way is to use analytical software that compares the compiled binaries of your software and the alleged infringing software. For the amount of work it would take to fool the analysis software, it would take less effort to write your own software. Another way to prove their code was copied is to demonstrate obscure bugs in your software that also occur in the infringing software. While this is circumstantial evidence, several common bugs would be all it takes to convince a judge that the code infringes. At that point, you are entitled up to $150,000 per copy that the infringing party distributed.
This is a situation where I feel patents would protect my investment. So I do feel that just saying there should be no software patents is a lazy excuse.

In your scenario, someone else who attempted to write the same kind of software from scratch, using none of your code and incurring all of their own development costs, would be found to infringe on your patent. That is not fair to other developers who are not in the game of copying code. They should be free to spend their own time and money developing a competing product. The trick is to protect the implementation without granting a monopoly on the concept itself and that is what copyright protection does.

Reply Parent Score: 6