How to protect software code

[dullard]

Since this isn't about programming, I think it is best in Off Topic. Correct me if I'm wrong.

Suppose you had software which is still being worked on. Suppose you found out someone had stolen the code to use for commercial purposes. What types of protections can be filed? Copyrights? Patents? Others? What are the benefits or drawbacks of each?

 

[Atheus]

Well if they actually republished it you could sue for patent of copyright infringement, but right now you can have them done for theft I think.

 

[dullard]

Originally posted by: Atheus
Well if they actually republished it you could sue for patent of copyright infringement, but right now you can have them done for theft I think.

But then we'd first need a patent or copyright. And that brings me back to my original question.

Copyrighting text you write is easy. Once it is out in the public, you own the copyright by default. You can if you wish, also specifically file for a copyright on the material. Is that the same for software?

What types of things can be patented/copyrighted in software? The look (such as the layout of the user interface)? Or is it just the code itself? Can you patent/copyright ideas about software (ie something that is quite broad and not just your particular code and user interface)?

 

[MercenaryForHire]

Theft of intellectual property ... Rope them into some twisted license agreement where they pay you royalties. 😉

- M4H

 

[Slappy00]

Well you would first have to prove that you had the code devloped before them, or they will jsut say that they devolped the code themselves. Any source code you make public you should licence (GPL or otherwise) further if your code is really novel then you shoudl keep the source private and seek a IP lawyer for further advice.

 

[QED]

I have a good friend who is an IP lawyer, and we talk all the time about this sort of stuff.

Courts have ruled that computer software code is indeed a form of creative work, and is therefore subject to the same copyright protections that a poet, novelist, or song writer is afforded. A creative work is protected the moment it is created-- there is no need for any explicit decleration of copyright protection in order for it to be granted.

Patents are an entirely different ballgame-- you have to register for it in order to recieve its protection. As quite a few companies have demonstrated, you can patent code and/or algorithms as long as they satisfy other normal criteria for patents (the idea is non-obvious, novel, etc.).

Your legal remedies are pretty much identical to someone who has had their song lyrics ripped off of them-- perhaps even more so since you haven't specified how these individuals obtained a copy of your code. The obtaining of the code might be a criminal offense, but the actual reproduction and use of it in their own work is a civil offense so they need to be treated seperately.

If you want more info, I can ask my friend about any more specific questions you might have...

 

[dullard]

Originally posted by: QED
A creative work is protected the moment it is created-- there is no need for any explicit decleration of copyright protection in order for it to be granted.

That is the type of info I was looking for. So a piece of code which can be demonstrated to have existed back to a certain date is then protected if the other person cannot prove use before that.

you haven't specified how these individuals obtained a copy of your code. The obtaining of the code might be a criminal offense, but the actual reproduction and use of it in their own work is a civil offense so they need to be treated seperately.

Lets just say a former colaborator decided that he would be better off on his own. So he had prior legal access to the code.

If you want more info, I can ask my friend about any more specific questions you might have...

No need. I'm just looking for general information. It isn't like he can use the code commercially as the hardware is already patented. We just never got any protections on the software yet.