|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
Saviynt Inc. has announced the availability of the next release of Saviynt for AWS. The comprehensive security and compliance solution provides a Command-and-Control center to gain visibility into risks in AWS, enforce real-time protection of critical workloads as well as data and automate access life-cycle governance. The solution enables AWS customers to meet their compliance mandates such as ITAR, SOX, PCI, etc. by including an extensive risk and controls library to detect known threats and b...
Oct. 9, 2015 03:00 PM EDT Reads: 235
Achim Weiss is Chief Executive Officer and co-founder of ProfitBricks. In 1995, he broke off his studies to co-found the web hosting company "Schlund+Partner." The company "Schlund+Partner" later became the 1&1 web hosting product line. From 1995 to 2008, he was the technical director for several important projects: the largest web hosting platform in the world, the second largest DSL platform, a video on-demand delivery network, the largest eMail backend in Europe, and a universal billing syste...
Oct. 9, 2015 02:45 PM EDT Reads: 188
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively.
Oct. 9, 2015 02:15 PM EDT Reads: 171
Docker is hot. However, as Docker container use spreads into more mature production pipelines, there can be issues about control of Docker images to ensure they are production-ready. Is a promotion-based model appropriate to control and track the flow of Docker images from development to production? In his session at DevOps Summit, Fred Simon, Co-founder and Chief Architect of JFrog, will demonstrate how to implement a promotion model for Docker images using a binary repository, and then show h...
Oct. 9, 2015 02:15 PM EDT Reads: 162
DevOps has often been described in terms of CAMS: Culture, Automation, Measuring, Sharing. While we’ve seen a lot of focus on the “A” and even on the “M”, there are very few examples of why the “C" is equally important in the DevOps equation. In her session at @DevOps Summit, Lori MacVittie, of F5 Networks, will explore HTTP/1 and HTTP/2 along with Microservices to illustrate why a collaborative culture between Dev, Ops, and the Network is critical to ensuring success.
Oct. 9, 2015 01:30 PM EDT Reads: 169
Overgrown applications have given way to modular applications, driven by the need to break larger problems into smaller problems. Similarly large monolithic development processes have been forced to be broken into smaller agile development cycles. Looking at trends in software development, microservices architectures meet the same demands. Additional benefits of microservices architectures are compartmentalization and a limited impact of service failure versus a complete software malfunction....
Oct. 9, 2015 01:15 PM EDT Reads: 252
Despite all the talk about public cloud services and DevOps, you would think the move to cloud for enterprises is clear and simple. But in a survey of almost 1,600 IT decision makers across the USA and Europe, the state of the cloud in enterprise today is still fraught with considerable frustration. The business case for apps in the real world cloud is hybrid, bimodal, multi-platform, and difficult. Download this report commissioned by NTT Communications to see the insightful findings – registra...
Oct. 9, 2015 01:00 PM EDT Reads: 288
Manufacturing has widely adopted standardized and automated processes to create designs, build them, and maintain them through their life cycle. However, many modern manufacturing systems go beyond mechanized workflows to introduce empowered workers, flexible collaboration, and rapid iteration. Such behaviors also characterize open source software development and are at the heart of DevOps culture, processes, and tooling.
Oct. 9, 2015 12:30 PM EDT Reads: 1,103
Containers are revolutionizing the way we deploy and maintain our infrastructures, but monitoring and troubleshooting in a containerized environment can still be painful and impractical. Understanding even basic resource usage is difficult - let alone tracking network connections or malicious activity. In his session at DevOps Summit, Gianluca Borello, Sr. Software Engineer at Sysdig, will cover the current state of the art for container monitoring and visibility, including pros / cons and li...
Oct. 9, 2015 12:00 PM EDT Reads: 244
DevOps Summit at Cloud Expo 2014 Silicon Valley was a terrific event for us. The Qubell booth was crowded on all three days. We ran demos every 30 minutes with folks lining up to get a seat and usually standing around. It was great to meet and talk to over 500 people! My keynote was well received and so was Stan's joint presentation with RingCentral on Devops for BigData. I also participated in two Power Panels – ‘Women in Technology’ and ‘Why DevOps Is Even More Important than You Think,’ both ...
Oct. 9, 2015 12:00 PM EDT Reads: 8,673
In a report titled “Forecast Analysis: Enterprise Application Software, Worldwide, 2Q15 Update,” Gartner analysts highlighted the increasing trend of application modernization among enterprises. According to a recent survey, 45% of respondents stated that modernization of installed on-premises core enterprise applications is one of the top five priorities. Gartner also predicted that by 2020, 75% of
Oct. 9, 2015 12:00 PM EDT Reads: 332
As the world moves towards more DevOps and microservices, application deployment to the cloud ought to become a lot simpler. The microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. In his session at 17th Cloud Expo, Raghavan "Rags" Srinivas, an Architect/Developer Evangeli...
Oct. 9, 2015 11:45 AM EDT Reads: 184
The web app is agile. The REST API is agile. The testing and planning are agile. But alas, data infrastructures certainly are not. Once an application matures, changing the shape or indexing scheme of data often forces at best a top down planning exercise and at worst includes schema changes that force downtime. The time has come for a new approach that fundamentally advances the agility of distributed data infrastructures. Come learn about a new solution to the problems faced by software organ...
Oct. 9, 2015 11:00 AM EDT Reads: 889
Our guest on the podcast this week is Jason Bloomberg, President at Intellyx. When we build services we want them to be lightweight, stateless and scalable while doing one thing really well. In today's cloud world, we're revisiting what to takes to make a good service in the first place. Listen in to learn why following "the book" doesn't necessarily mean that you're solving key business problems.
Oct. 9, 2015 11:00 AM EDT Reads: 2,233
For it to be SOA – let alone SOA done right – we need to pin down just what "SOA done wrong" might be. First-generation SOA with Web Services and ESBs, perhaps? But then there's second-generation, REST-based SOA. More lightweight and cloud-friendly, but many REST-based SOA practices predate the microservices wave. Today, microservices and containers go hand in hand – only the details of "container-oriented architecture" are largely on the drawing board – and are not likely to look much like S...
Oct. 9, 2015 10:00 AM EDT Reads: 505
In their session at DevOps Summit, Asaf Yigal, co-founder and the VP of Product at Logz.io, and Tomer Levy, co-founder and CEO of Logz.io, will explore the entire process that they have undergone – through research, benchmarking, implementation, optimization, and customer success – in developing a processing engine that can handle petabytes of data. They will also discuss the requirements of such an engine in terms of scalability, resilience, security, and availability along with how the archi...
Oct. 9, 2015 10:00 AM EDT Reads: 408
Any Ops team trying to support a company in today’s cloud-connected world knows that a new way of thinking is required – one just as dramatic than the shift from Ops to DevOps. The diversity of modern operations requires teams to focus their impact on breadth vs. depth. In his session at DevOps Summit, Adam Serediuk, Director of Operations at xMatters, Inc., will discuss the strategic requirements of evolving from Ops to DevOps, and why modern Operations has begun leveraging the “NoOps” approa...
Oct. 9, 2015 10:00 AM EDT Reads: 161
The last decade was about virtual machines, but the next one is about containers. Containers enable a service to run on any host at any time. Traditional tools are starting to show cracks because they were not designed for this level of application portability. Now is the time to look at new ways to deploy and manage applications at scale. In his session at @DevOpsSummit, Brian “Redbeard” Harrington, a principal architect at CoreOS, will examine how CoreOS helps teams run in production. Attende...
Oct. 9, 2015 10:00 AM EDT Reads: 1,258
With containerization using Docker, the orchestration of containers using Kubernetes, the self-service model for provisioning your projects and applications and the workflows we built in OpenShift is the best in class Platform as a Service that enables introducing DevOps into your organization with ease. In his session at DevOps Summit, Veer Muchandi, PaaS evangelist with RedHat, will provide a deep dive overview of OpenShift v3 and demonstrate how it helps with DevOps.
Oct. 9, 2015 09:00 AM EDT Reads: 667
What Is Emergent About Emergent Architecture? By @TheEbizWizard | @DevOpsSummit #DevOps #BigData #API
All we need to do is have our teams self-organize, and behold! Emergent design and/or architecture springs up out of the nothingness! If only it were that easy, right? I follow in the footsteps of so many people who have long wondered at the meanings of such simple words, as though they were dogma from on high. Emerge? Self-organizing? Profound, to be sure. But what do we really make of this sentence?
Oct. 9, 2015 08:00 AM EDT Reads: 407