Legal Protection of code ??

jexx

Hi
I maintain certain IT products that are managed via a web interface that interacts with a back end database.

Over the last couple of months I've written a series of php scripts which perform certain tasks in a simpler / faster way than the manufacturer interface does.

I've also created some script which perform completely new functions on their systems.

What I'd like to know is there any way I can protect not just the code, but the design, feature, the functions they perform, my intellectual property etc.. ?

If I was to show these scripts to the manufacturer or other maintainers is there any thing to stop them creating their own versions...?? can I protect against them taking my ideas for their own benefit ??

Thanks 🙂

laserlight

You could try products like Zend Guard and Ioncube, but they are not necessarily foolproof.

jexx

Thanks for the reply.

Protecting the code is one aspect.

How about protecting the 'concept' and the function of what the page does.. not necessarily how it does it !!

laserlight

jexx wrote:
How about protecting the 'concept' and the function of what the page does.. not necessarily how it does it !!

That would be within the realm of patent law and related laws. I suggest that you consult a lawyer for legal advice.

nrg_alpha

jexx;10930311 wrote:
How about protecting the 'concept' and the function of what the page does.. not necessarily how it does it !!

I'd wager this is simply not possible. From how I understand it, you cannot copyright / protect concepts / ideas. You can protect the 'implementation / execution' of those, but I don't think you can do anything more.

Take touch screen capaibilities for instance.. if this concept was protectable and violators punishable by law for replicating this concept, there would only be one touchscreen system.

Same with cars.. if the concept of a mechanized object that can transport people using some engine, seats, four wheels and a sterring wheel was protectable, then there would only be one car manufacturer.

3d modelling software packges... they can all do the same thing (that is to say, allow the user to create and texture 3d objects).. It's just how they go about doing it that differs.

So something tells me you cannot protect what you seek.

NogDog

The fact that you patent something does not necessarily prevent someone else from producing it, it simply means that for some amount of time after you patent it, they are required to negotiate with you for the right to use that technology (e.g.: pay you a per-unit fee).

But the software industry seems to have a lot of gray areas in this respect. Many companies are patenting "concepts" and it seems that the US Patent Office, at least, has decided to err on the side of granting such patents, and leaving it to others to argue the validity of such patents. The first example that jumps to mind is that Amazon filed a patent for the "one-click purchase" concept, and then filed suit against Barnes & Nobel for emulating it in their web store. Last I heard, it looked like Amazon's patent was being mostly or wholly rejected -- not because it was not patentable but because there was evidence of "prior art" (earlier patents on the same concept).

So to make a long story short: it's a legal jungle, and nobody except a lawyer in that field can give you truly meaningful advice -- and even then that advice may be "maybe" and might change from year to year, month to month.

laserlight

nrg_alpha wrote:
From how I understand it, you cannot copyright / protect concepts / ideas. You can protect the 'implementation / execution' of those, but I don't think you can do anything more.

Copyright certainly does not protect concepts or ideas, but can protect the implementation thereof. Patents protect inventions. The problem is, in the software world, there is sometimes a thin line between a mere idea or concept and an invention.

That said, it would have been more accurate for me to write "might be within" instead of "would be within" since it depends on jurisdiction and what exactly jexx means by "protecting the 'concept' and the function of what the page does.. not necessarily how it does it".