News on Monday
more>>
SharePoint Tech Report
more>>


   

 
 
Download Current Issue
ISSUE 2/1/2010 PDF

Need Back Issues?
DOWNLOAD HERE

Receive the print Edition?


 
blogs tab
Visual Studio 2010 Release Candidate Available Today
A Visual Studio 2010 release candidate is available on MSDN.
02/09/2010 09:45 AM EST

Is Microsoft eyeing Office subscription pricing?
Microsoft may be preparing to offer a new Office pricing option called "union," which charges the same for cloud as on-premises.
02/01/2010 09:38 AM EST

Facebook rewrites PHP runtime
Facebook is about to open source its own PHP runtime, written from scratch for speed.
01/30/2010 08:53 PM EST

 

Events calendar tab
2/9/2010 to 2/13/2010
San Francisco
IDG World Expo

2/10/2010 to 2/12/2010
San Francisco
BZ Media

2/17/2010 to 2/25/2010
Atlanta
Python Software Foundation

2/19/2010 to 2/20/2010
Los Angeles
SCALE

2/21/2010 to 2/24/2010
Las Vegas
IBM


 
Most Read Latest News Blog Resources

From the Editors: Congress needs to act on patents




May 1, 2009 — 
Patents were created to give inventors a way to control how their ideas are implemented, and to ensure they get whatever credit and financial windfalls come of them. In the software world, however, things seem to have gotten a bit twisted. Too often, companies and individuals are using those same patents to litigate, punish and beat down competition.

While the behavior of these “patent trolls” cannot be justified, they alone are not to blame for the mess that is software patents. Much of the blame lies squarely with the U.S. Patent and Trademark Office, so the news in this issue (“Fixing the software patent process,” page 1) that the USPTO is tightening up its patent process is welcome indeed.

The problem starts with the sheer number of patents granted for software inventions each year. IBM alone boasted it garnered more than 4,000 patents in 2008, the 16th year in a row it led the U.S. in patents. Despite the USPTO saying a mathematical formula in and of itself cannot be patented, that same formula can be patented if it is defined as a process or tied to some computer-readable media (machine). So someone might have written an algorithm, but if someone else connects the algorithm to a machine, the second party can gain a patent. This, of course, opens the door to lawsuits and countersuits, none of which are productive for anyone except, of course, the lawyers who take on those cases.

Several recent court cases have affected how the USPTO looks at patents, as they seem to set legal boundaries regarding what is patentable. More is needed. Congress needs to take on patent reform and set specific criteria for patents. The idea of granting stronger patents to inventors willing to go through a more rigorous review process is a good one, and one we support.

Further, the USPTO needs to employ more individuals with science and math backgrounds so they can make distinctions between what is truly innovative and what is merely something obvious presented in a different way. Too many patents continue to be granted because of a lack of understanding about what is being implemented.

Patents are a good thing when used to protect real innovators from those who would try to profit from their work. The current hodgepodge of patents is simply too muddled for anyone’s benefit, and it creates a virtual minefield for legitimate inventors and companies looking to implement new ideas. Reform is critical. Congress must step up.

Look beyond the database leaders
Some of the most interesting innovation happens at the edges. We can all rattle off the names of the database leaders, starting with the big three: IBM, Microsoft and Oracle, and continuing to players like Ingres, MySQL, PostgreSQL, Sybase and many others… You know the big names in database technology as well as we do.

That doesn’t mean that one of these top-shelf database engines is the right engine for your next project, however, no matter how temping it may be to go with the product that your developers already know. That temptation, of course, is much stronger if you already have a site license on a commercial offering, or if your developers are contributors to an open-source database project.

Consider resisting that temptation, at least long enough to evaluate the new crop of specialized database servers coming out of startups and the open-source community.

The reason the big database engines became so popular, of course, is because they are good products, offering performance and flexibility. The major databases scale from small to large, can handle a serious transaction load, and can be adapted for a wide variety of application requirements and deployment environments. They are also mature, offering no surprises to their customers and adherents.

With the startups come innovative ideas. They also offer risk: They don’t have the person-years of development, testing and real-world deployments. But they also offer a new way of looking at storage. The databases we discuss in this issue’s cover story were created to address specific requirements of Web applications.

The big databases can do the job. But are they the best databases for the job? The only way to find out is to do your own evaluation, of course. We believe it’s worth taking the time to see for yourself.


Related Search Term(s): databasespatents


Share this link: http://www.sdtimes.com/link/33442
 

Comments

05/04/2009 10:06:07 AM EST

"Much of the blame lies squarely with the U.S. Patent and Trademark Office, so the news in this issue (“Fixing the software patent process,” page 1) that the USPTO is tightening up its patent process is welcome indeed." Speak with any patent attorney and he'll tell you otherwise. The patent issue rate is at an all time low many fields. Poor management at the PTO has exacerbated the problem. Rather than encourage innovation they are discouraging it. We can innovate our way out of these troubling economic times the banking and oil robber barons have gotten us into, but we need a competent and independent PTO who is not a rubber stamp for policy instituted by large multinationals throwing around slush fund money. patent reform is a fraud on America... please see http://truereform.piausa.org/ for a different/opposing view on patent reform

staff


05/04/2009 11:05:36 AM EST

>>> " the sheer number of patents granted for software inventions each year" Computers, software, and the Internet are clearly the future in progress - just as the steam engine, automobile, and jet engine was in decades/centuries past. So one would expect the bulk of investment in innovation occur here at the forefront. >>> "We can all rattle off the names of the database leaders, starting with the big three: IBM, Microsoft and Oracle, and continuing to players like Ingres, MySQL, PostgreSQL, Sybase and many others" The products by those companies were not completely invented in-house. Non-trivial amounts of the technology in those products were brought in from external innovations - including acquiring small companies. Clearly IBM, Microsoft and Oracle are continually acquiring companies. If there products are better it is partly due to outside innovators - often smaller then they themselves.

sg


Add comment


Name*
Email*  
Country     


  • Comment
  • Preview
Loading