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Copyright Protection

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  • D danmorin

    John Cardinal wrote:

    ...there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves.

    I would agree with the following: ...there are people in the world who devote their lives to actually coming up with original work and they should be able to protect their work/intellectual property if they developed it themselves.

    John Cardinal wrote:

    The problem with patents is they are increasingly being used as a weapon in the war of business rather than their original intended purpose.

    I agree. My biggest fear is being sued by some large corporation. This is why my company, GenoPro Inc. is not registered in the US - and never will be. All the work I have done came entirely from me, since I never read a single patent from the USPTO. Personally, I find it faster and better to think of a solution instead of searching within the patent database hoping to find something useful. On the other hand, I am almost certain some other developers (or corporations) have filed patents on the ideas I developed, either for serialization of circular data, thread polling, or something else. Am I a criminal?

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    M Offline
    Member 96
    wrote on last edited by
    #41

    danmorin wrote:

    Am I a criminal?

    Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse. Are you at risk for litigation? Probably not until you are so sucessful that someone takes notice and have enough revenue to make it worthwhile for them to sue or are directly competing with someone who holds the patent for their own product. None of the work that we do involves anything remotely patentable, straight up business software, nothing technically challenging about it that involves inventing any new way of doing anything. I would say that you are employing a head in the sand approach though which is risky at best. We learned that the hard way with trademarks many years ago in our business. Personally for my line of work I find it faster and better to buy a solution from another company as in 3rd party libraries etc. But the main focus of my work is not to invent new algorithms, but better implemented software than the other guys. I'm glad I'm not in a line of work that involves patents. One of my biggest fears as well is being sued by some large corporation, but being registered outside of the U.S. is little protection against that. We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done. That was good enough for them and it never came to more than that, but it taught us a valuable lesson about how ignorance can be very costly. We have since spent a great deal of money on lawyers, trademark registration, airtight and legal license documents etc to ensure that we have our bases covered and I feel much better for having done that even though it was a painful process at the time, but there are no guaratees just the same.

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    • M Member 96

      danmorin wrote:

      Am I a criminal?

      Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse. Are you at risk for litigation? Probably not until you are so sucessful that someone takes notice and have enough revenue to make it worthwhile for them to sue or are directly competing with someone who holds the patent for their own product. None of the work that we do involves anything remotely patentable, straight up business software, nothing technically challenging about it that involves inventing any new way of doing anything. I would say that you are employing a head in the sand approach though which is risky at best. We learned that the hard way with trademarks many years ago in our business. Personally for my line of work I find it faster and better to buy a solution from another company as in 3rd party libraries etc. But the main focus of my work is not to invent new algorithms, but better implemented software than the other guys. I'm glad I'm not in a line of work that involves patents. One of my biggest fears as well is being sued by some large corporation, but being registered outside of the U.S. is little protection against that. We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done. That was good enough for them and it never came to more than that, but it taught us a valuable lesson about how ignorance can be very costly. We have since spent a great deal of money on lawyers, trademark registration, airtight and legal license documents etc to ensure that we have our bases covered and I feel much better for having done that even though it was a painful process at the time, but there are no guaratees just the same.

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      danmorin
      wrote on last edited by
      #42

      danmorin wrote: Am I a criminal?

      John Cardinal wrote:

      Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse.

      If someone spent his life producing something that took me a few weeks of work, then he is an idiot. I know I am not a criminal, and I never stole anything from anyone. Was the purpose of patents for protecting the inventor? I am the inventor of my own code, since I created it myself without copying from anyone else. I should have the right to enjoy the fruit of my labor without being harrassed by a greedy idiot. On the other hand, someone extorting money from inventors by claiming he is the owner of an idea because he "first" paid politicians (the government) for his right to legal plunder is not ethical.

      John Cardinal wrote:

      We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done.

      A trademark is a different issue, as it involves the identity of the product. If I pretend my product was built by Microsoft, then I am defrauding the customers purchasing the product as well as abusing the identity of another entity (Microsoft). A trademark infringement is somewhat similar to identity theft, and there must be provisions within the law to protect one's identity.

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      • C Chris Losinger

        John Cardinal wrote:

        Who is going to bother to write any new books if they can't make a living at it

        many people have motivations other than money. Cleek | Image Toolkits | Thumbnail maker

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        Steve Holle
        wrote on last edited by
        #43

        But that needs to be their choice right? Because some program for fun and the benefit of others does not mean that everyone must. Some actually need to make a living at this.

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        • S Sean Cundiff

          Rocky Moore wrote:

          If things were priced more realistic, I do not think there would be as much pirating.

          Just what is the right price for crap?

          Rocky Moore wrote:

          The true problem is more a sign of the moral decay in the world and how few of peolple actually have any ethics.

          Agreed. -Sean ---- Shag a Lizard

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          Steve Holle
          wrote on last edited by
          #44

          Whatever the market will bear.:)

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          • M Member 96

            What? Why on earth? If I go through the trouble to make something new in the world and you merely buy it you think your rights to the work should be equal to my rights to my own work? :wtf: That pretty much sums up the phrase "culture of entitlement" better than most descriptions. Clearly this is what is increasingly wrong with the world today: "I spent my 2 cents and so you should bow down to my mighty dollar, you merely made the product, I actually spent money on it" Not a chance in hell would I ever agree with that mindset. This is not about non obvious copy protection schemes, you'd be hard pressed to find anyone that disagrees that it's a bad thing when a cd you put in your computer does something nefarious behind the scenes without telling you. On the flip side this is a natural reaction people have toward being robbed. If your house is robbed some time you will be surprised at how your attitude changes about these things. Clearly there has to be some system in place to protect copyright owners that is clear and open. We're not there yet, but I sure as hell want all the weight of the law on my side when I'm robbed.

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            Shog9 0
            wrote on last edited by
            #45

            John Cardinal wrote:

            Clearly this is what is increasingly wrong with the world today: "I spent my 2 cents and so you should bow down to my mighty dollar, you merely made the product, I actually spent money on it"

            No one is forcing you to sell what you make. If i want you to sell me your software for $20 with the understanding that i'm going to be running it on 8 machines and you don't think that's fair, you have every right to say "no deal". Why do you need more protection than i do? Why should Sony be able to demand my arrest if i remove their copy protection, but i'm left to suck it up if their copy protection breaks my computer, or leaves me unable to play the CD i purchased as expected? Sure, rant on about kids these days and their unrealistic expectations. You know good and well that it is not just the right, but the duty of a customer to demand fair terms for the goods and services they purchase, and in this regard music and software are no different than apples and automobiles.

            Now taking suggestions for the next release of CPhog...

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            • D danmorin

              John Cardinal wrote:

              If your house is robbed some time you will be surprised at how your attitude changes about these things.

              There is a clear difference between robbing material and/or someone's work vs an "robbing an idea". For instance, if I invent a new knot and someone is using my knot, it does not hurt me at all, however if someone is stealing my computer(s), then I cannot do my work. People think ideas belongs to them, as if they were the first in the world to originate such idea. Next, they file for a patent hoping they will be granted a monopoly on that idea and make a ton of money without lifting a finger. Again, there is a big difference between an idea and some intellectual work. For instance, writing code is more than an idea; it is some actual work. If someone copies your CPP files and re-compiles the executable without your permission, he/she is stealing your work (intellectual property). On the other hand, if someone wants to make a new application from scratch (such as a new search engine, web browser, image/vidoe/music/CAD editor), there should not be any law and/or patent to prevent him/her from creating something innovative. On the other hand, if there is a patent on an idea (such as a web browser), then the small developer cannot afford to pay the fees to get started. The proposed "Copyright Protection" is sponsored by large corporations to reduce competition by stiffing out the small developer to compete against them. By having tons of patents and regulations, many of us risk of being sued by large corporations claiming they own such and such idea. The other solution would be for us to work as slaves for those large corporations :(. As a rule of thumb, what politicians do benefits them and their friends - the large corporations. -- modified at 12:55 Tuesday 25th April, 2006

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              B Offline
              BrianJElliott
              wrote on last edited by
              #46

              If you want an informed opinion about IP visit http://lessig.org/ and read some of Lawrence Lessig's books / watch this presentation: http://www.lessig.org/freeculture/ Most people that say, "I don't want my work stolen" have no idea what that means or how to better market themselves - installing / maintaining / servicing open source software packages will be the future for most smoes. If you write a wonderful little tool that nobody else has, then you'll be known in the community and your "prestige" will improve - fame and fortune will follow. That is for 95% of all software (OS / email / web browsers should all be free). There is always going to be niche markets - for instance, Corporate Tax Software because there's too much domain knowledge and frankly nobody is doing that for free, cause it sucks. On the bigger, movie / song side of things - the CP laws DO NOT protect the artist - they protect the publisher. I know several producers of film / commercials who's stance is basically, they get paid to produce a video and could give a crap about what happens to it once it has been delivered. If you are an artist, make your songs available to everyone, upload your mp3's for free to everyone - because when you come to town to play a gig, you'll pack the venue and that's where you'll make your money. Artists only receive penny's on the sale of CDs. If you are a hollywood producer of movies, with a 100 million dollar budget, you don't care what happens to your Mission Impossible III movie after it has been PRODUCED. You are doing what you love to do. It is the publisher (who backed the movie with 100 million dollars and want to see big moneys on their investment) who needs to protect that investment, and I understand that. But, after 7 years it is public domain and anyone can do anything they want with it. This is how we grow, how we invent, and what the USA originally stood for. If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents. Brian

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              • Richard Andrew x64R Richard Andrew x64

                Some of the people who posted comments on the article complain that their civil liberties are being eroded by such legislation. I didn't realize that the constitution grants everyone the right to steal copyrighted materials. ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø,¸

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                David Veeneman
                wrote on last edited by
                #47

                Not stealing--traditionally accepted use. Fair use has been an accepted part of copyright law since it first emerged. That's been eroded. The right to a parsonal archival copy has always been an implied part of every copyright license. That's been eroded. I could go on and on. A constitutional right? no, not explicitly. But rights that have been part and parcel of common law and statutory formulations of copyright law for hundreds of years. David Veeneman www.veeneman.com

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                • M Member 96

                  But in the case of the U.S. for example do you really think it's the cost? I doubt it very much. Pious people stand up here and say "I don't buy cd's any more because they are too expensive" well that may be, but the vast majority of the U.S. consumer market for music is not represented by the demographic here, it's represented by U.S. teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history. I think it *is* in fact more about moral decay and ethics than price. Let's face it, stealing anything no matter the justifications you can come up with for it is still a moral and ethical problem.

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                  R Offline
                  Rocky Moore
                  wrote on last edited by
                  #48

                  John Cardinal wrote:

                  I think it *is* in fact more about moral decay and ethics than price. Let's face it, stealing anything no matter the justifications you can come up with for it is still a moral and ethical problem.

                  I agree with that! The problem is though, since the morals of our society happen to be so low, there is nothing that can truly be done but choose a path of least resistance. For many a day, the entertainment industry has charged a premium price filling very deep pockets for their products. They will have to learn as the software market has that to survive, they either lower the price so that people with lessor morals will purchase the product (easier to just purchase and be legal than the cost justifies) or figure new deliver methods such as monthly subscriptions. It is a simple matter that you cannot make people obey the law unless you monitor their every move to make sure they stay legal, which actaully says everyone is guilty until proven innocent. There will always be people out there making copies for friends of everything from software to games to music and movies, it is up to the producers to find a method that makes it inexpensive and easy to remain legal. As with music, people do not mind paying $.79-$.99 per song they like or paying a monthly fee to access tons of titles, but when they go to purchase a simpel CD for $15 it is a different story. Rocky <>< Latest Post: SQL2005 Server Managemnet Studio timeouts! Blog: www.RockyMoore.com/TheCoder/[^]

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                  • M Member 96

                    Who is going to bother to write any new books if they can't make a living at it. Who is going to write software for those niches that no one else is going to unless it pays money to do it? Some system of reward for effort has to be in place or we will be living in a very dull world.

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                    J Offline
                    Joerg Wiedenmann
                    wrote on last edited by
                    #49

                    John Cardinal wrote:

                    Who is going to bother to write any new books

                    ...and not necessarily only books. Maybe because money is not the only motivation. Maybe it is done for -enjoyment, pleasure -pasttime -dispersion -necessity

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                    • M Member 96

                      I understand where you're going with this, but copyright and patent are completely different things entirely. As developers we all know how screwed up the current patent process is. The DMCA has given us a tool as software developers who actually sell our own software and we've used it to stop piracy in the past. In one case a person hacked into an email account at a computer networking company, used a stolen credit card number from a nice older couple in another state to purchase a license for our software, then published that license key on several warez sites. In that case there was three robberies: Our license key, the older couples credit card and the networking companies email account and bandwidth. We sucessfully shut down three warez sites by sending DMCA notices to their ISP's. That's a whole world away from the whole mess that is currently patent law. It must be said that despite the mess that has become the patent system, there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves. The problem with patents is they are increasingly being used as a weapon in the war of business rather than their original intended purpose.

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                      J Offline
                      Joerg Wiedenmann
                      wrote on last edited by
                      #50

                      John Cardinal wrote:

                      there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves

                      Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that. You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ? IMHO that would be a reason to not be productive and just mass patent ideas -not that someone would see money for their ideas. I don't want to be sued for having an idea that someone else has patented. Patents only protect those with the fat purses and not necessarily the inventors. And I doubt that a lot of research is to be done/paid for to come up with an idea. And even if it would be the case, imagine that: You have the ultimate-super-duper-mega idea. Someone else has come up with the same idea and if this guy/corp. has more money, you won't be able to get the patent. And if it was worse the other party could have even robbed your idea and would still be the legitimate holder of the patent.

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                      • M Member 96

                        danmorin wrote:

                        Am I a criminal?

                        Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse. Are you at risk for litigation? Probably not until you are so sucessful that someone takes notice and have enough revenue to make it worthwhile for them to sue or are directly competing with someone who holds the patent for their own product. None of the work that we do involves anything remotely patentable, straight up business software, nothing technically challenging about it that involves inventing any new way of doing anything. I would say that you are employing a head in the sand approach though which is risky at best. We learned that the hard way with trademarks many years ago in our business. Personally for my line of work I find it faster and better to buy a solution from another company as in 3rd party libraries etc. But the main focus of my work is not to invent new algorithms, but better implemented software than the other guys. I'm glad I'm not in a line of work that involves patents. One of my biggest fears as well is being sued by some large corporation, but being registered outside of the U.S. is little protection against that. We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done. That was good enough for them and it never came to more than that, but it taught us a valuable lesson about how ignorance can be very costly. We have since spent a great deal of money on lawyers, trademark registration, airtight and legal license documents etc to ensure that we have our bases covered and I feel much better for having done that even though it was a painful process at the time, but there are no guaratees just the same.

                        J Offline
                        J Offline
                        Joerg Wiedenmann
                        wrote on last edited by
                        #51

                        John Cardinal wrote:

                        danmorin wrote: Am I a criminal? Well technically, yes you might be.

                        Why ? The USA is not the whole world, only a part of it. There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent. And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work. Another issue for this would be that a patents only last a few years and not a whole life.

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                        • M Member 96

                          But in the case of the U.S. for example do you really think it's the cost? I doubt it very much. Pious people stand up here and say "I don't buy cd's any more because they are too expensive" well that may be, but the vast majority of the U.S. consumer market for music is not represented by the demographic here, it's represented by U.S. teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history. I think it *is* in fact more about moral decay and ethics than price. Let's face it, stealing anything no matter the justifications you can come up with for it is still a moral and ethical problem.

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                          J Offline
                          Joerg Wiedenmann
                          wrote on last edited by
                          #52

                          John Cardinal wrote:

                          teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history

                          I fail to see how that increases the value of a product.

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                          • S Shog9 0

                            John Cardinal wrote:

                            Clearly this is what is increasingly wrong with the world today: "I spent my 2 cents and so you should bow down to my mighty dollar, you merely made the product, I actually spent money on it"

                            No one is forcing you to sell what you make. If i want you to sell me your software for $20 with the understanding that i'm going to be running it on 8 machines and you don't think that's fair, you have every right to say "no deal". Why do you need more protection than i do? Why should Sony be able to demand my arrest if i remove their copy protection, but i'm left to suck it up if their copy protection breaks my computer, or leaves me unable to play the CD i purchased as expected? Sure, rant on about kids these days and their unrealistic expectations. You know good and well that it is not just the right, but the duty of a customer to demand fair terms for the goods and services they purchase, and in this regard music and software are no different than apples and automobiles.

                            Now taking suggestions for the next release of CPhog...

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                            M Offline
                            Member 96
                            wrote on last edited by
                            #53

                            Shog9 wrote:

                            Why should Sony be able to demand my arrest if i remove their copy protection

                            They shouldn't unless you then go on to violate their copyright.

                            Shog9 wrote:

                            but i'm left to suck it up if their copy protection breaks my computer, or leaves me unable to play the CD i purchased as expected?

                            Well that's part of the license agreement, if it's not covered then you have every right to sue their asses. This isn't about that, it's about the ethical, moral and legal problems with violating anothers copyright. The rest of it is what it is case by case issue by issue, the fundamental underlying rule of law here is copyright ownership.

                            Shog9 wrote:

                            If i want you to sell me your software for $20 with the understanding that i'm going to be running it on 8 machines and you don't think that's fair, you have every right to say "no deal".

                            Sure, who can argue with that, but what if I sold you a license to run it on one computer and you run it on 8?

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                            • J Joerg Wiedenmann

                              John Cardinal wrote:

                              teen agers who let's be honest here, have what is about as close to unlimited sources of wealth as the world has ever seen in all of recorded history

                              I fail to see how that increases the value of a product.

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                              M Offline
                              Member 96
                              wrote on last edited by
                              #54

                              It's not about the value of the product it's about the fact that people say "it's too expensive so it's fair for me to just download it for free" when we all know it is *not* in fact too expensive for that market.

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                              • J Joerg Wiedenmann

                                John Cardinal wrote:

                                Who is going to bother to write any new books

                                ...and not necessarily only books. Maybe because money is not the only motivation. Maybe it is done for -enjoyment, pleasure -pasttime -dispersion -necessity

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                                M Offline
                                Member 96
                                wrote on last edited by
                                #55

                                People can do that now, but how are authors to make a living doing it if they have no copyright protection? Seriously some of the arguments here I'm seeing are pretty pie in the sky and childish. People have every right to make a living doing whatever they do within the bounds of the law. The only protection people have that allows them to make a living writing books (for example) is copyright law. A lot of people here seem to think that's a silly antiquated notion, clearly those people are not making a living writing software and selling it.

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                                • J Joerg Wiedenmann

                                  John Cardinal wrote:

                                  danmorin wrote: Am I a criminal? Well technically, yes you might be.

                                  Why ? The USA is not the whole world, only a part of it. There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent. And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work. Another issue for this would be that a patents only last a few years and not a whole life.

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                                  M Offline
                                  Member 96
                                  wrote on last edited by
                                  #56

                                  Joerg Wiedenmann wrote:

                                  Why ? The USA is not the whole world, only a part of it.

                                  Really? Geez, here in Canada we didn't know that, thanks for clearing that up for us, I'll pass it on.

                                  Joerg Wiedenmann wrote:

                                  There are countries where software can only be patented under special circumstances or not at all and if he doesn't sell his work in contries where such a patent applies I don't see how he can infringe on a patent.

                                  Well you're right, but try selling licenses in those countries and see how well that goes for you.

                                  Joerg Wiedenmann wrote:

                                  And if someone requires a life to come up with something, he/she/it can hardly earn the fruits of his work.

                                  Maybe they want to pass that on to their children, it's what they worked their whole life to achieve and they want to see their children get wealthy implementing it in a product or service, oh, but wait, no they should have all their rights to their ideas stripped from them. That's the most cancerous idea I've heard in a long time, congratulations "comrade".

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                                  • J Joerg Wiedenmann

                                    John Cardinal wrote:

                                    there are people in the world who devote their lives to actually coming up with original ideas and they should be able to protect that idea if they developed it themselves

                                    Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that. You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ? IMHO that would be a reason to not be productive and just mass patent ideas -not that someone would see money for their ideas. I don't want to be sued for having an idea that someone else has patented. Patents only protect those with the fat purses and not necessarily the inventors. And I doubt that a lot of research is to be done/paid for to come up with an idea. And even if it would be the case, imagine that: You have the ultimate-super-duper-mega idea. Someone else has come up with the same idea and if this guy/corp. has more money, you won't be able to get the patent. And if it was worse the other party could have even robbed your idea and would still be the legitimate holder of the patent.

                                    M Offline
                                    M Offline
                                    Member 96
                                    wrote on last edited by
                                    #57

                                    Joerg Wiedenmann wrote:

                                    Absolutely not! If they want protection from patents, they should also come up with a work, product or something like that.

                                    You honestly think that a person who devotes their life to coming up with original and useful ideas should get no protection for their work? I'm glad I don't live in your world. In this world the work of people is valued and they have rights to protect that work and do with it as they see fit. Come up with a really good original idea that's worth millions then get back to me on this one!

                                    Joerg Wiedenmann wrote:

                                    You asked why someone would want to write books if the idea cannot be patented, well, why would/should someone read hundreds of thousands of pages of patented ideas before one can even begin to come up with an idea ?

                                    So they don't get a lawsuit slapped in their ass of course. What kind of lazy ass argument is this? "Oh I can't come up with any ideas because it's too haaard to search through all those tens or even dozens of documents related to my idea at the patent office". That's just absurd.

                                    Joerg Wiedenmann wrote:

                                    You asked why someone would want to write books if the idea cannot be patented, well, why would/should

                                    Ok, you are completely off the mark about what we're talking about, you're the second person who clearly doesn't understand the difference between a patent and a copyright, we're discussing two different things here, that's why they have different names. Look it up.

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                                    • D danmorin

                                      danmorin wrote: Am I a criminal?

                                      John Cardinal wrote:

                                      Well technically, yes you might be. You may be infringing on the patent of the forementioned someone who devoted their life to coming up with something which ethically is worse.

                                      If someone spent his life producing something that took me a few weeks of work, then he is an idiot. I know I am not a criminal, and I never stole anything from anyone. Was the purpose of patents for protecting the inventor? I am the inventor of my own code, since I created it myself without copying from anyone else. I should have the right to enjoy the fruit of my labor without being harrassed by a greedy idiot. On the other hand, someone extorting money from inventors by claiming he is the owner of an idea because he "first" paid politicians (the government) for his right to legal plunder is not ethical.

                                      John Cardinal wrote:

                                      We are in Canada and a long time ago we were infringing on someone else's trademark, completely unknowingly, we got a very large package one day in the mail full of legal documents and complied immediately when we realized what we had done.

                                      A trademark is a different issue, as it involves the identity of the product. If I pretend my product was built by Microsoft, then I am defrauding the customers purchasing the product as well as abusing the identity of another entity (Microsoft). A trademark infringement is somewhat similar to identity theft, and there must be provisions within the law to protect one's identity.

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                                      Member 96
                                      wrote on last edited by
                                      #58

                                      danmorin wrote:

                                      A trademark is a different issue, as it involves the identity of the product.

                                      No kidding, I used it as an example to illustrate the foolishness of using the head in the sand approach to any legal implication that might affect a person or business. Regardless of your beliefs you are operating within a system of laws and disagreeing with those laws isn't going to keep you out of jail or prevent you from losing all your worldly posessions in a costly lawsuit.

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                                      • B BrianJElliott

                                        If you want an informed opinion about IP visit http://lessig.org/ and read some of Lawrence Lessig's books / watch this presentation: http://www.lessig.org/freeculture/ Most people that say, "I don't want my work stolen" have no idea what that means or how to better market themselves - installing / maintaining / servicing open source software packages will be the future for most smoes. If you write a wonderful little tool that nobody else has, then you'll be known in the community and your "prestige" will improve - fame and fortune will follow. That is for 95% of all software (OS / email / web browsers should all be free). There is always going to be niche markets - for instance, Corporate Tax Software because there's too much domain knowledge and frankly nobody is doing that for free, cause it sucks. On the bigger, movie / song side of things - the CP laws DO NOT protect the artist - they protect the publisher. I know several producers of film / commercials who's stance is basically, they get paid to produce a video and could give a crap about what happens to it once it has been delivered. If you are an artist, make your songs available to everyone, upload your mp3's for free to everyone - because when you come to town to play a gig, you'll pack the venue and that's where you'll make your money. Artists only receive penny's on the sale of CDs. If you are a hollywood producer of movies, with a 100 million dollar budget, you don't care what happens to your Mission Impossible III movie after it has been PRODUCED. You are doing what you love to do. It is the publisher (who backed the movie with 100 million dollars and want to see big moneys on their investment) who needs to protect that investment, and I understand that. But, after 7 years it is public domain and anyone can do anything they want with it. This is how we grow, how we invent, and what the USA originally stood for. If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents. Brian

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                                        Member 96
                                        wrote on last edited by
                                        #59

                                        Lawrence Lessig? Come on, he's a fringe freak and always has been on these issues. The only people taking him seriously are the slash dotties of the world and wired magazine. If you want to know about IP, consult a lawyer.

                                        BrianJElliott wrote:

                                        If you don't get this, then you are a publisher - a leech on society - and the only reason you exist is because of other people's talents.

                                        Oh man, I can see I should just exit this discussion now, there are too many people with no real idea of how business or the world works to bother. Why do you think people take their work to a publisher, because someone holds a gun to their head? No, it's because they are contracting with the publisher to take care of a hell of a lot of work that they do not want to do on their own because they are artists and want to make a living doing their art. We run a software company, we create the software, we market the software and we sell the software, guess where 90% of the work is? (hint, it's not actually writing the software) Ok, that's it, I'm officially out of this discussion it's getting way too absurd with these mindless ill-informed opinions that are just pissing me off for no good reason when I have real work to do.

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                                        • M Member 96

                                          danmorin wrote:

                                          A trademark is a different issue, as it involves the identity of the product.

                                          No kidding, I used it as an example to illustrate the foolishness of using the head in the sand approach to any legal implication that might affect a person or business. Regardless of your beliefs you are operating within a system of laws and disagreeing with those laws isn't going to keep you out of jail or prevent you from losing all your worldly posessions in a costly lawsuit.

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                                          danmorin
                                          wrote on last edited by
                                          #60

                                          Oh well, some individuals have no respect for individual liberty. They love tyranny and legal plunder... as long as they can benefit from it. By the way, I don't have my head in the sand. I know the law, as well as the meaning and reach of a jurisdiction.

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