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Software Patents and LiveCode Apps

Posted: Fri Oct 31, 2014 11:20 pm
by keithglong
Hi All,

I am just curious as to your thoughts/feelings regarding potential patent infringement issues related to applications created with LiveCode. (I am primarily referring to developers in the United States due to the reality of software patents here.) Because there are so many patents out there (many of which seem questionable, if you ask me), I was just wondering if any of you have been approached by patent holders due to features implemented in your LiveCode apps?

What strategies/guidelines do you personally follow? Are you worried about litigation issues somewhere down the line should your application contain a patented component/method/feature? These days, it seems that literally ANY application, whether simple or complex, has the potential to contain some kind of patented feature...

Here are a couple of interesting links for "food of thought":

http://patents.stackexchange.com/questi ... n-your-dom

http://www.ipwatchdog.com/2010/09/09/av ... /id=12428/

Sincerely,

- Boo

Re: Software Patents and LiveCode Apps

Posted: Sat Nov 01, 2014 12:56 am
by FourthWorld
There's a joke floating around some programmer circles these days:

Q: How many people does it take to write a line of code?
A: Three. One programmer to write the code, one attorney to run a patent check against it, and another attorney to file a patent on it to use defensively if needed.

The only reliable answer is to move to New Zealand, where most forms of software patents were abolished last year:
http://www.washingtonpost.com/blogs/the ... hould-too/

In the States and many other countries, software patents have become little more than a wealth aggregation tool. I've read that more than 80% of software patents tried in court are ultimately invalidated, but to see that happen you have to have enough $$$ to defend your company in court. Most smaller companies just buckle to whatever demands a bigger patent holder makes, even the most ludicrous claims, because the cost of trying to fight it is ultimately a question of who has the bigger pockets.

I hope your query is merely theoretical. If not, may God be with you, because the system won't. The patent system is currently broken, some say beyond repair.

Re: Software Patents and LiveCode Apps

Posted: Sat Nov 01, 2014 1:19 am
by keithglong
Hi Richard,

Thank you for your prompt reply. Yeppers, only theoretical. I haven't released any software in years, but I do have some cutting-edge ideas and am trying to ascertain whether or not it will feasible for me to put in countless hours of hard work only to have my application shelved should I be challenged for ludicrous patent claims.

I was hoping some LiveCoders out there could share any personal experiences related to the above...

Cheers from Florida--and Happy Halloween!

- Boo

Re: Software Patents and LiveCode Apps

Posted: Sat Nov 01, 2014 5:08 pm
by jacque
I've never worried about it. Unless you are one of the few whose app brings in millions of dollars, you'd be too small a target to harass. The patent people aren't looking for anything but big bucks.

Re: Software Patents and LiveCode Apps

Posted: Sat Nov 01, 2014 7:10 pm
by richmond62
I wonder what happens if one releases a piece of software that the Patent Vampires in the U.S. want to get their teeth into but
you actually live in another country (Bulgaria, for instance)?

The internet, and the chance to download anything from anywhere (well, unless you live in North Korea or other dumps), really has
made legal jurisdictions vis-a-vis software look a bit redundant and toothless.

Re: Software Patents and LiveCode Apps

Posted: Mon Nov 03, 2014 3:24 am
by jiml
I can't speak to any potential patent infringement issues related to applications created with LiveCode.
But over the years I made many patent applications and have been issued US, PCT and other jurisdiction patents so I've got some experience with patenting.
Patent applications involving software processes usually don't specify particular programming environments like LiveCode.
The claims never do. Those are written as broadly as possible.

All of the patents of my inventions were assigned to corporations. It's pretty common to have ownership pass from the inventor to a corporation.
In my experience a patent is a ticket to a courtroom - or a bargaining chip to use in a lawsuit. A bit of armor when the trolls come at you.