Intellectuel Property
Essay by review • December 7, 2010 • Essay • 561 Words (3 Pages) • 998 Views
First it's need to decide weather I would have a right to develop the software. First I had a suspicion this could be the case of Reverse Engineering which required special restriction (viz. http://www.cis.ksu.edu/~virg/CIS415/IPConflicts.html Case 4), but then I realized in this case I wouldn't try to find out how the original software works but I would develop a new software base on data I would get from monitoring.
The question is now what would I do with the software I have just developed. The idea of giving the software to BMW could be under certain conditions logical. I have a software which improves the performance of the car. BMW produces these cars. By giving the software to BMW all cars would perform better, energy savings would lead to price reduction, more people would be able to afford buying the car. Everybody would be happy, BMW because it would sell more cars, customers because they have a car and of course the energy savings itself is meaningful especially today when we are running out of resources.
However this utopia idea would work in the perfect world with perfect people. In the real world ti would be like this. I developed the software, not everybody can do so and actually probably nobody has done it yet. My software will bring profit to others shouldn't I get some profit as well? Indeed I should.
As a brutal and educated businessman I realize this is what I was waiting for. The opportunity of the life. By forming a company and maintain the software I would be a monopoly in this field. Providing service for something (cars) what everybody owns and everybody would need this service is the very easy way how to make money especially when I would be the only one. Everything looks perfect and easy and may be too easy that It can't be real.
Indeed, there is a "small" problem. Did I develop my software totally independently on somebody else's intellectual property? If I did, did I have an authorization for that? For developing my software I used data extracted by the software of BMW, which means I indirectly used BMW intellectual property to develop my software. Could I do so? And even if I had my "invention" patented a patent does not necessarily guarantee inventors the right to make, use or sell their inventions (viz http://beginnersguide.com/entpreneurship/intellectual-property/what-are-the-types-of-intellectual-property.php
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