Software Patents
Software is one industry dealing with imaginative/visual content, rather than physically designed content/equipment. Ideas here are imaginations of different people based on existing software or processes. And 8 out of 10 people come up with the same idea genuinely in isolated environments without copying.
Software ideas are more like seeing somebody writing with a pencil and inventing a pencil which has an eraser stuck to it at one end. Qualifying something like the "pencil with eraser" for a patent, is like giving authority to one person or company the rights to commercialize on a mass idea.
For years, patents have been issued on stupid things in software. Believe me someone holds an European patent for having shopping carts on webpages. Someone has a US patent on putting a small thumnail photograph of people who comment on a webpage.. and so on.
And that means if you have a website or I make a website that has this stuff, we are theoretically liable to be sued over patent infringement if we are allowing our websites to be seen/used by people in US and Europe.
The present Software innovations and advancements have grown out of innumerable re-inventions. Just like how improving on current life style improves/advances life style of the future, anybody would agree to the fact that improvements on existing technology is the one most major source of technological growth..
Microsoft's victories over patent infringement:
Microsoft Corporation a software giant was sued by Sun Microsystems (another software giant), for patent infringement because Microsoft's new technology .NET released in 2000 was very much a copy(at the concept level) of Sun's Java which released much earlier than 2000.
Microsoft won the suit at the end of an year of argument in the courts contending that "software evolves from previous technologies and like Java evolved from a programming language called C, .NET has also evolved from C and many other technologies".
Microsoft had similarly won a previous suit on its word processing software "Microsoft Word", against another company's product "Word Perfect".
Microsoft's victories suggest that software patents are invalid, and practically not implementable.But there are many occassions still where software innovations are compared to other industry innovations and patents are seen as neccessary.
If you read through this page at ffii.org (here http://webshop.ffii.org/), you will find that creating any kind of a website is like walking over many patents and getting yourself into trouble. The page has references and links to contents of the patents issued on simple things like putting a shopping cart, putting image next to content, putting tabs, etc.,
NoSoftwarePatents.com Yes! a website which fights for "No software patents" in Europe.
DRM
The next stupid thing is DRM.
You bought a PC, it came with Microsoft Windows installation. You tried playing your Audio CD and it said 'DRM license not found. Cannot play'. Your technical guy talks all tells you the funda that you were trying to play with windows media player which these days has got a digital rights management software built-in, which verifies that you (technically your PC) has licences to play every bit of digital content on it.
You bought the machine, but the machine can't do what you want. You are already searching the web for hours, reading blogs like this to hear your music. May be you copied the music from a genuine CD.. but stop we can't trust you, you can only play from the genuine CD, if its corrupt buy another.
While the above scene is created by Microsoft by implementing DRM or digital rights management into its media player software(for which i believe microsoft is already sued by many times).
Microsoft claims this is to protect the rights of innumerable musicians and artists whose work is easily copied through digital media without purchasing licenses.
Music has always been copied by people and there are big examples of websites like napster.com shutting down, for allowing users to share music with fellow users for Free.I am not sure whether artists are happy with Microsoft coming to help, but audio and video CD manufacturers and sellers are very happy about these things.. because it directly improves sales.
Microsoft unvieled DRM a couple of years back for probably two reasons.
1. Some CD sales executive who had huge loss in sales joined Microsoft at a higher level.
2. Microsoft wanted to endear media industry knowing well that media content sales is obviously growing at enormous rates every year, and Microsoft is now one among top technically adaptive companies in the digital media industry.
Because of DRM, there is immense pressure from the non-technical world, on the technical world, to implement such systems in software in the pretext of protecting rights of artists, and media content providers. And many popular software products have given way in implementing such systems or considering implementation, many software companies / web sites have sold off or shut down.. and what not.
One-CPU licenses
You bought a software, when you start it up it requests for registering the product through an internet connection.. Technically, this action registers the current PC as the sole PC licensed to use the software.
When you buy another PC and give away your old PC, you land up in some or other kind of a problem while using the software or while registering the software. You end up unable to use its full features, or you land up searching the web for counter-action, you contact the software manufacturers' customer helpdesk and all sorts of things. What the heck!! You bought the software and it should work on your current PC you think...but the software manufacturers' customer helpdesk start explaining you reasons for such protection.
You would have come across games which can be played only with the original game CD spinning in the CDROM drive.. copying it to another CD won't work.
All these implementations just kill the practicality of software usage itself, and many people very often struggle 4 hours to get a 2 minute work done because they get lost into solving such issues. This beats the very idea of using software to do stuff quickly.
End Note:
Ensuring that a software is used only by the buyer and only in the context of how many licenses where bought etc., is a major major implementation hurdle because of technology limitations, and that's first reason for software manufacturers to do all sorts of things to make sure they make atleast 50% sales of the actual number of users of their software.. because software is easy to pirate many people don't buy.
The problem with corporates is, companies like Microsoft know about all such issues for years, but they make hay as much as possible without implementing protection, and when they see competition in the industry they implement such systems to literally gain some kind of advantage over the competition under the cover of protecting rights of a community, and in the background avoiding or wiping all competitors from the business.
Are there solutions good for everybody:
This is where open-source community gains motivation from, and more of such protectionism attitude is creating a higher population in open-source technologists and free software users as well.
Like they say in medicine, that human body has a lot of counter-action mechanisms for defending its own health, the open-source industry looks like the automated counter-action system for all such above discussed 'nonsense systems' in software.
Does that mean every software company should become open-source or sell software for Free! Obviously not, but open-source is what is keeping the industry going, giving that much needed balance when commercial software is practically becoming more problematic to use.
And for the question whether the condition is going to improve for commercial software users / makers, its unfortunately... 'NO'.
"Live with it" is the answer many debates on such issues have always given.
The one
