||SQL Server Tips by Gama and Naughter
Filing for a patent is only acceptable for
an invention that is new and not a simple copy or minor improvement
over an invention previously created by someone else (prior art). In
the United States the patent is granted to the first person
responsible for the invention, while in Europe and most of the
world, it is granted to the first person to file for a patent.
Filing for a patent application must be done within one year after
showing the idea on a printed publication, its use in public or
selling products generated by the implementation of the idea.
Otherwise the right is lost. The invention must be different from
the most similar existing invention and the differences must be non
obvious to a person having ordinary skill in the area of technology
related to the invention.
The valuable disclaimer
It is common practice to add a disclaimer to
software for three reasons:
* To assert
* To decline
responsibility for any losses due to the use of the software.
* To inform that,
by accepting the license, the user agrees not to decompile or
somehow reverse engineer the software.
The third item is impossible to enforce
because there is no way to monitor what a user might do with the
software. Reverse engineering is illegal in some places, or under
certain circumstances. Security professionals do it when they look
for vulnerabilities and other professionals might do it to ensure
compatibility, to understand how the application works or for some
other legitimate reasons. Hackers also look for vulnerabilities and
industrial spies try to learn from reverse engineering an
application. A legal barrier will probably stop the honest
competitors from digging out the key algorithms of an application
and creating similar code. Obviously, it has no effect on people who
will break the law to steal the code and then use the law to protect
themselves because of the cost and difficulty of a legal dispute. In
this case, it is a good idea to reinforce the legal protection with
a technical one.
The above book excerpt is from:
Turbocharge Database Performance with C++ External Procedures
Joseph Gama, P. J. Naughter