I have looked at pipebytes.com and want to replicate how they send files and integrate it into one of my applications. Since I live in Europe where no software patents apply (as far as I know), do I have to worry at all?
+6
A:
I suspect you should speak to someone who knows patent law to get an official opinion. I'm not sure you could (or should) trust an answer from someone on SO.
Martin Peck
2009-05-01 13:10:55
@Martin. Some one can send a link to a trusted site, or be an expert in patents. So this is very likelly to get some thing usefull from SO.
alex2k8
2009-05-01 13:17:41
Fair point - I don't have suggestions on lawyers and others on SO might.
Martin Peck
2009-05-01 13:52:18
One issue is that patent law varies from place to place. While you're currently in Europe, which has saner patent laws at the moment, it would be easy to wind up doing business in the US, and then US laws will affect you. See if you can get somebody knowledgeable with an international perspective (probably much easier in Europe than here).
David Thornley
2009-05-01 14:54:08
+1
A:
Software patents and business replication/plagiarism are two different things. Of course you can implement a similar feature (like implementing your own blog, wiki and so on), but you should not start a site which is 99% equal to pipebytes.com
Mork0075
2009-05-01 13:13:27
+4
A:
IANAL
As Martin Peck suggested, consult a lawyer to get the real answer.
If your system might be used by people from the US, you might have exposure to US patent infringement, and these days, it is hard to be sure that you won't be used by people from the US. So, you probably have a small risk there.
People suing for infringement of a patent will want money. If you don't have any, they may not bother you much - or may only seek injunctions to stop you infringing.
There may not be any patents involved. Be aware that if you knowingly infringe a patent, you can be liable for triple penalties - you might be better off not knowing whether there are patents involved.
Patents are not the only problem - you might be sued on other grounds.
So, consult your lawyer.
Jonathan Leffler
2009-05-01 13:16:32
Yes, be very wary of US laws even in Europe. I know a good who had a warrant issued for his arrest in the state of Lousiana in an action by the state governor against him because the guy was a part-owner in an online gambling site that ran in Europe and was accessible from Lousiaiana, in violation of that state's laws.
cletus
2009-05-01 13:24:26
A:
it think the information on Wiki is fully explained: Software_patent
Regards
DaDa
2009-05-01 13:35:32
+4
A:
One thing you need to know is that Europe is by no means safe from software idea patents. The EU Parliament has voted against patentability of software ideas, but the European Patent Organisation continues to grant bucketloads of them and legislation continues to be proposed that will make them enforcible.
The situation is summarised optimistically by Ciaran O'Riordan, but new legislation will continue to be promoted by corporations with large software-idea patent portfolios, so citizens need to also make their voices heard, at least as often.
What you should know is that your government (the EU Parliament and Commission) is still trying to decide the matter, and needs to be informed consistently and regularly of the dangers of software idea patents to the EU. Read more and get involved at FFII and FSFE.
bignose
2009-05-01 14:23:38
A:
Not sure how it works in the EU, but at Microsoft they tell me quite firmly never to even think about looking at someone else's patents. If Microsoft accidently infringes on someone's patent, they might have to pay amount 'x' - but under US law if someone can show that anyone at Microsoft ever looked at that patent, then we could potentially be liable for amount '3x'. I know, its pretty nutty, but since I value my job I just say no to anything patent-related.
I am not a lawyer, I could be totally wrong, all rights reserved. grin
Bruce
2010-02-01 06:05:58