[wellylug] NZ Software Patents

[John Durham]

Jethro Carr wrote:
> On Wed, 2009-06-17 at 12:55 +1200, John Durham wrote:
>> Excuse me for commenting here. As a past writer of software and holder 
>> of patents, it was always my understanding that software is a 'written 
>> work'. As such in the past it has been subject to copy write law. Nobody 
>> could sell your work without permission from the writer, or claim it as 
>> their own after the fact unless the 'writer' had wrongfully claimed 
>> authorship.
>> How has this changed (suddenly)?
> 
> hi John,
> 
> This issue is about software patents which are a completely separate
> issue from copyright - there hasn't been any change to copyright.
> 
> The problem with software patents is that even if you develop original
> works, you could still be in violation of a patent that you are unaware
> of.
> 
> 
> As an example, if a large business got a software patent on "an
> application being served by a remote webserver", they could proceed to
> charge my company a fee or decide to prosecute.
> 
> Even if the software I was developing was entirely of my own work, it's
> possible it could infringe on another's patent without me realising.
> 
> 
> Does that clarify the issue for you?
> 
> regards,
> jethro
> 
> 
> 
> ------------------------------------------------------------------------
In that case it might be settled quite simply. Once the writer knows of 
the error, the work could be removed or changed so that it doesn't 
infringe the copyright. Some cases might be harder than others, but as 
long as no wrong was intended by either party it could be treated as a 
simple mistake (those things we make every day).

-- 
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