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Is The Lone Coder Dead?

CyNRG writes "The little guy. The one-person software company. Can it still exist today? That's me. I'm once again, after many years, writing my own commercial software to sell. A few things have changed: the patent feeding frenzy. This is my main concern. My perception is that one must verify that you don't infringe on any patents when developing new cool software, and that the explosion of patents granted by the USPTO has reached epic proportions. If this perception is true, then that makes it almost impossible for the Lone Coder to create something new that doesn't infringe on other patents. The amount of money required to perform the due diligence research seems like it would be greater than the amount of money needed to develop the software, or even the total revenues that the software could ever generate. Please someone tell me I'm wrong!" Is he?

809 comments

  1. Someone has to do it by Anonymous Coward · · Score: 5, Funny

    I just heard some sad news on talk radio - The Lone Coder was found dead in front of his home computer this evening. There weren't any more details. I'm sure everyone in the Slashdot community will miss him - even if you didn't enjoy his work, there's no denying his contributions to programming culture. Truly a geek icon.

    1. Re:Someone has to do it by Anonymous Coward · · Score: 2, Interesting

      The by-product of having my job outsourced to India was starting my own "single employee" company.

      I'm here at www.dbapsoftware.com .. be gentle

    2. Re:Someone has to do it by avgjoe62 · · Score: 1
      I just heard some sad news on talk radio - The Lone Coder was found dead in front of his home computer this evening

      In related news, Lone Coder's programs have increased in price from 19.99 through 39.99 dollars to 39.99 through 59.99 dollars...

      With thanks to Saturday Night Live!

      --

      How come Slashdot never gets Slashdotted?

    3. Re:Someone has to do it by $alex_n42 · · Score: 5, Funny

      'ees not dead, 'ees pinin'

    4. Re:Someone has to do it by starm_ · · Score: 4, Insightful

      I just heard that apparently the lone coder isn't dead after all. He just moved to another country.

    5. Re:Someone has to do it by sharkey · · Score: 1

      Pffftt. Roblimo told us that the Lone Coder was dead hours before it was broadcast.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    6. Re:Someone has to do it by packeteer · · Score: 1, Funny

      Netcraft confirms it... the lone coder is dead

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    7. Re:Someone has to do it by dbIII · · Score: 4, Interesting
      He just moved to another country.
      RSA developed overseas mainly due to silly US encryption laws - their customers traded with people overseas so there was no way they could legally give their customers a decent product with a US produced product. Other places may have to do the same due to silly US patents. The lone programmer probably can't keep up with the patent mess.

      Lone programmers still exist in specialised areas, the company I work for buys some geophysics software from a one man company.

    8. Re:Someone has to do it by Tod+Hsals+5000 · · Score: 1

      18kfanGUI - Thanks Christian Diefer.

      BGinfo- Thanks Bryce Cogsweell.

      keep up the good work

    9. Re:Someone has to do it by cshark · · Score: 4, Interesting

      Wouldn't you if you could?
      American IP laws have been getting gradually worse for the better part of a decade.

      But seriously,
      With a couple of exceptions I can think of. Namely the e-commerce shopping cart patent, there hasn't been much of a threat to smaller development houses. I'm not saying it's not there, but I don't know if it's as bad as people think it is.

      Small software houses pose problems for IP lawyers. First, they don't have any money. They barely make any money. They might make enough for the initial developer to get by, but when you're talking about the kind of money these companies are looking for, that's nothing. They'll spit at it.

      Secondly,
      Smaller firms are a lot more likely to find pro bono defense. There are a couple of non profit organizations like the EFF that are set up to do just that. Then there's the problem of groups of smaller companies banding together to cover legal costs. Any way you cut it, the smaller the firm you go after, the more likely you are to end up in court. Might sound good if you have genuine innovation at risk. But if you hold several hundred questionable patents on business processes, it's bad news.

      If I were a patent hording firm, I would be going after the Sonys and IBMs of the world. That's a sure bet.

      --

      This signature has Super Cow Powers

    10. Re:Someone has to do it by airjrdn · · Score: 1

      Your tools look pretty interesting. We're a Cisco shop. I'll forward your link to my network admins.

    11. Re:Someone has to do it by Anonymous Coward · · Score: 0

      We are dotnet.
      Lone Coders will be assimilated..
      Perl is futile..

    12. Re:Someone has to do it by boaworm · · Score: 1

      But seriously,
      With a couple of exceptions I can think of. Namely the e-commerce shopping cart patent, there hasn't been much of a threat to smaller development houses.


      Hm. i just implemented an e-commerce shopping cart and sold to a customer yesterday. Would that have triggered a patent infrigment?? You guys.. you need to fix your country, it seems broken ? What about the "land of the free", "the land of opportunity", "the american dream" ?.

      Or perhaps, the american dream has switch to being able to sue one rich person or a company one during your lifetime, and becoming rich beyond expectations (unless you are sued by someone else persuing the dream...)

      I've always hoped that I could work in the US a couple of my years, but i get more and more hesitant.

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    13. Re:Someone has to do it by stridebird · · Score: 3, Funny
      Nice site. A gentle bit of proof reading for you:

      You are making the obvious move of wording your text to make yourself seem bigger than a back room operation...but you have made a mistake. quoting from the site:

      We are always glad to hear feedback from my customers.

      at http://www.dbapsoftware.com/about.html

      good luck with your business.

    14. Re:Someone has to do it by jlar · · Score: 1

      So, are you living in Europe? We also have software patents. Here is an example of 20 software patents a web shop could potentially infringe:

      http://www.mimesis.net/swpat/video.htm

    15. Re:Someone has to do it by HogynCymraeg · · Score: 0
      I just heard some sad news on talk radio - The Lone Coder was found dead in front of his home computer this evening.
      Apparenlty the smell was awful but investigators commented that the intensity of smell was not proportionate to the length of time the coder was dead.
    16. Re:Someone has to do it by KontinMonet · · Score: 2, Interesting

      I have the experience of specifically avoiding coding a certain way precisely because we might have infringed on an IBM patent. This involved arithmetic coding to be able to squeeze 'multi-dimensional' index IDs (possibly very sparsely populated) into 32 bits on a database. The company, although worth a few hundred million US$, did not have sufficient resources (nor the appetite) to check all the possible relevant patents worldwide. So we ended up limiting the range of index IDs (which was not ideal).

      It might have been possible to code it without infringement, it might never have been noticed by IBM (or whoever might own any relvant patent) but the legal department was never going to take the risk.

      So we end up with a sub-optimal design. Just having the possibility of future (and expensive) lawsuits means that innovation is being stifled anyway. Software patents (and business processes) are plain dumb. And for small and medium companies, they could be a disaster waiting to happen.

      --
      Did he inhale?
    17. Re:Someone has to do it by Anonymous Coward · · Score: 3, Interesting

      To make things even sillier - during product development at RSA Australia, absolutely no technical details could be discussed with the parent company in the US, to protect SSL-(eay)-C / BSAFE, etc., from being 'contaminated' by US ITAR restrictions at the time.

      Interestingly, when the RSA patent expired, the company released a marketing catchphrase stating: 'it's just an algorithm'. Nevermind that they had threatened to crucify anyone for even *thinking* about prime numbers up to that point:)

      I know many companies encourage developers NOT to check for patent infringements, so that in the worst case there can be no charges of willful infringement. The patent farce actively discourages lone developers from releasing source code, even when they would like to do so. It's worth the extra cost and effort to establish a company structure that provides certain protections that a sole trader status does not.

      IMHO the best way to go is to develop niche products for a select industry, amongst a relatively narrow audience of specialists. The example of geophysics software in the parent post is a good one.

    18. Re:Someone has to do it by Kaihaku · · Score: 1

      Indeed and once there he began developing viruses to unleash his wrath upon a world that wouldn't allow his genius to flourish. If the military police of said country happen to locate him, I fear that he may loss his fingers or head.

    19. Re:Someone has to do it by null+etc. · · Score: 1

      Small software houses pose problems for IP lawyers. First, they don't have any money. They barely make any money. They might make enough for the initial developer to get by, but when you're talking about the kind of money these companies are looking for, that's nothing. They'll spit at it.

      You forget something critical. When a company sues others for patent infringement, they usually start with a few small guys first, to build up some capital and establish a track record before going after the big dogs.

    20. Re:Someone has to do it by flibuste · · Score: 1

      He just moved to another country.

      Would that be India? There are million of lone coders there.

    21. Re:Someone has to do it by Anonymous Coward · · Score: 0

      >Small... problems for IP lawyers. First, they don't have any money....but when you're talking about the kind of money these companies are looking for, that's nothing. They'll spit at it...

      Sounds logical. But if the RIAA sues 12 year olds from poor families...

    22. Re:Someone has to do it by nadadogg · · Score: 1

      So... The lone coder is freeBSD? :)

      --
      i use linux and windows oh god how can i have an opinion
    23. Re:Someone has to do it by MindStalker · · Score: 1

      Wow, though a few of those are overworked.

      Pay through your isp? come on.

    24. Re:Someone has to do it by daeley · · Score: 1

      'ees not pinin', 'ees passed on!

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    25. Re:Someone has to do it by Anonymous Coward · · Score: 0
      If I were a patent hording firm, I would be going after the Sonys and IBMs of the world. That's a sure bet.
      That hasn't worked out for SCO so far. ;)
    26. Re:Someone has to do it by mrchaotica · · Score: 1

      Well, you see, you assume a small company isn't worth going after because you think all they could possibly be interested in is money. What about companies that might have some other reason (e.g. spite, control) for wanting to kill off a small company/individual coder, such as Microsoft wanting to kill off Mozilla or Linux?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    27. Re:Someone has to do it by Ryosen · · Score: 5, Funny

      >>What about the "land of the free", "the land of opportunity", "the american dream" ?

      Thank you for inquiring about our line of exciting products, including "Land of the Free", "Land of Opportunity", and our most popular product, "American Dream". As you can well imagine, our products are in very high demand and can often be difficult to obtain. For this reason, we have recently expanded our distribution channels and partnered with some very fine retailers. We hope that this information will be of use to you in your searching.

      Since 2000, "Land of the Free" has been distributed by GOP Industries and is now marketed under their brand "Land of the Wealthy". A second, more modest version of this product is also available as "Land of the Drive-Thru-Please".

      Long regarded as one of our most cherished offerings, "Land of Opporunity" is now available exclusively thru Wal-Mart. Enrollment in their "Greeter" program is required.

      Without question, "American Dream" is our most popular product. Now available exclusively through the USPTO, this exciting product will make a fine family heirloom for generations to come. The MSRP is 3 congressmen and, due to the recent devaluation in Democratic Senators, we can only accept Republicans at this time. If you would like to own a piece of this exquisite product, please have your attorneys or lobbyist contact us directly.

      You might also be interested in our latest prodct addition, a beautiful coffee-table book titled "A Guide to Ethics in American Politics". Weighing in at a hefty 2.5 ounces, this is a volume that anyone would be proud to display on their bookshelves.

      We look forward to hearing from you soon,

      Sincerely,

      Karl Rove
      US Customer Service Representative
      Illuminati Corp.

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    28. Re:Someone has to do it by badmammajamma · · Score: 1

      This country has been completely bought out. It's only the "land of the free" for those who are wealthy. It's only the "land of opportunity" for the powerful. The "american dream" still exists but is pretty much on life support. We are on an express train to shittsville, and I hope nobody gets in the way of our getting there (for their sake).

      I don't know where you are from, but you're probably better off staying there. I think this country will correct itself, but I have no idea when.

      --
      Any man who afflicts the human race with ideas must be prepared to see them misunderstood. -- H. L. Mencken
    29. Re:Someone has to do it by robotsrule · · Score: 1

      Sure, but if a little guy comes up with something great that competes with their IP, the larger companies will make sure he stays little or gone. Remember when Apple put the GEM O/S out of business? The makers of GEM were too small to fight the IP attack.

      --


      Robert Oschler - RobotsRule.com
    30. Re:Someone has to do it by demachina · · Score: 1

      I be inclined to say patents are the least of your problems being an independent. The bigger problem is finding a niche where you can make money.

      Thanks in particular to the Internet you are in a vice. On one side you have proprietary software companies with potentially vast resources filling most of the big niches, with big marketing clout. If you found a niche, and it was big enough, and it was lucrative they will probably go after you or other lone coders will.

      The other side of the vice is open source. If you come up with some cool proprietary software, the open source community will see it and be hacked off that its proprietary, start an open source knock off for free. Since you, the loan coder managed. to develop it, a few dozen open source developers can look at what you did, reverse it and kill you with something free. Its the curse of the Internet that all software is now instantly available to millions of programmers around the world to pick apart and knock off.

      I'd be inclined to say, as much as /.'ers will freak, that if you have a great idea, the lone coders saving grace would actually be to patent it and if its really good hope you can sell the patent to a big proprietary company or sue the ass off of anyone that uses it, think Forgent and JPEG.

      The other surviving lone coder niche is to do contract work for people who need one offs of things. Unfortunately you wont get rich doing it, you might just make an OK living if you expertise in a niche in demand and get yourself in front of potential customers.

      --
      @de_machina
    31. Re:Someone has to do it by emiddlec · · Score: 1

      I never bought into the "Lone Coder" theory -- I always thought that there must have been a Second Coder on the grassy knoll. It's the only way to explain how the bug managed to be in two modules at the same time when the system crashed.

    32. Re:Someone has to do it by Grishnakh · · Score: 1

      I agree. Don't come here with any idea of becoming wealthy, or even liking it much. If you like the place you live in, stay there. You'll be much happier than coming here with a bunch of idealistic dreams, only to meet cold, harsh reality and become miserable.

      However, I do encourage people to come here for tourism. You'll see natural wonders in the Western part of the US that are simply amazing, and unlike anything you'll see anywhere else in the world. Things like the Grand Canyon in Arizona, Zion National Park in Utah, Yosemite, Yellowstone, etc. I frequently see Europeans, especially Germans, here in Arizona on vacation. Don't bother with the east coast, however. New York City is an exception, and is a great city to visit, as is New Orleans, but most of the rest of it is a dump.

    33. Re:Someone has to do it by Grishnakh · · Score: 1

      That's because SCO is really stupid. They don't even have any patents to use as weapons against IBM, just some vague contractual BS. If you're going to go up against the Sonys and IBMs of the world, you actually have to have something legitimate on your side, or else their lawyers will tear you apart.

    34. Re:Someone has to do it by msoftsucks · · Score: 1, Troll

      Haven't you heard!

      The American dream is dead and buried. Has been for several years. This country is no longer a country of inventors, of self reliant people, of people that for the most part are good at heart.

      Now its the megacorps that own this country. The M$'s, the Walmart's, the RIAA and a host of other global companies and orgainizations control the laws of this country. Little by little our rights are being stripped away, and we are letting them! How about the almost dead idea of fair use? How about the constant stripping of privacy in any and all parts of our life? How about the curtailing of rights for TV programming (the broadcast flag debate)? How about the rights of broadcasting companies to grow even larger(recent FCC ruling allowing media companies to own more in a particular market).

      The reality is the the US is no longer leading the world. It is slowly becoming a third world county because we are allowing the greedy corporations to dictate what we can and cannot do. It is becoming a county where the middle class is slowly dieing. It used to be if you worked hard enough you could change your social status. If you were poor, you could become middle class. If you were middle class you could move up to upper class. Now the greedy wealthy corporations are doing everything in their power to prevent this. This county is becoming a country of only two classes - the wealthy and the poor. The middle class is actually losing ground and many are moving into the upper-poor class. Just look at how many greedy companies have moved their jobs to India and China. They state that they have to do this for competitive reasions. Bullshit. Its because the CEOs who are already making millions, want to make millions more. That's it. Greed. Plain and simple. They are sacrificing the stability of this country for their own personal greed. These animals are worse than traitors.

      --
      Quit playing Monopoly with Bill.
      Linux - of the people, by the people, and for the people.
    35. Re:Someone has to do it by Anonymous Coward · · Score: 0

      Doesn't seem a whole lot different from the days that the Rockefellers, Vanderbilts, etc. owned the country. Remember that John D. Rockefeller in his time was richer than Bill Gates is in ours.

    36. Re:Someone has to do it by cshark · · Score: 1

      That was true until recently. But the Devine case proved that when small companies band together and get organized against idiots with incredibly broad patents, these cases will get dropped. There were a lot of people in the patent hording industry paying close attention to that case. Had it been successful, we would have seen a lot more of it. Thank god it wasn't.

      --

      This signature has Super Cow Powers

    37. Re:Someone has to do it by cshark · · Score: 1

      Yeah, but they're not really after money. They're trying to make a point. They also have another motive. They need to make it look like they're losing money over file sharing. What better way to do that then by hiring a hoard of IP lawyers full time to sue their customers?

      --

      This signature has Super Cow Powers

    38. Re:Someone has to do it by cshark · · Score: 1

      SCO isn't suing IBM on patent violations. They're suing for copyright infringement. Problem is, they don't really know if they own the copyright. Seems to me that it's like the executive assistant in an office forgetting the assistant part of her title and going haywire.

      --

      This signature has Super Cow Powers

    39. Re:Someone has to do it by cshark · · Score: 1

      Right. But that's a whole other issue, don't you think? Thing is, if that were big, you would see more of it. Microsoft may want to kill Linux, and they have good reason to. It becomes a greater threat to their core business model every year. But in cases like that, there are PR consequences. Microsoft being first and foremost a PR and Marketing company understands this... I think.

      --

      This signature has Super Cow Powers

    40. Re:Someone has to do it by cshark · · Score: 1

      Right, but that was before the era of the Internet. I don't know if that would be possible today because of the visibility the Internet provides to these matters. Seriously, imagine who would have cared back in the 80's when GEM was putting out press releases. These days, there would be backup. Pro-bono lawyers looking to make a name for themselves, the open source community, bloggers, hordes of angry techies, hate and disdain on Slashdot, and ten funds to help pay for their legal defense.

      --

      This signature has Super Cow Powers

    41. Re:Someone has to do it by mrchaotica · · Score: 1

      If Microsoft cared about PR, why do very few people actually like them? It seems to me that everyone merely tolerates them because they're the "standard." I believe that the things Microsoft are good at are being lucky, manipulating people (I guess you could call that marketing, but I'm thinking more along the lines of Gates personally tricking IBM), and timing the market (knowing when to enter a market by buying out small competitors).

      Also, the point I was trying to make is that although stuff like Linux and Mozilla are a big deal, the people behind them are small and weak because they aren't (for the most part) in some big corporation. I think that makes them more vulnerable to litigation than even small businesses.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    42. Re:Someone has to do it by cshark · · Score: 1

      I've heard that a lot lately.
      Honestly don't know how true it is.

      You don't need a big niche. If you could make half a million dollars a year and monopolize a market that is stand alone, and that no one else is interested in... wouldn't you do it? Microsoft and the other big companies won't even touch a market unless it can make them at least 20 million a year, and they'd still be in the red with that kind of intake. But there are literally thousands of un-served and under-served markets world wide, where companies will pay outrageous sums of money just to have something that does exactly what they want it to do.

      Industries are generally pretty uniform, but these developers usually make their applications customizable to some extent. There's huge growth potential finding these industries and existing products because the vast majority of these applications are poorly supported, and not very well produced. Thing is, they do the job. Industries that come to mind are, medical specialty fields, architecture, home contracting, government, contract management, certain very specific types of document management, factory management, and others. I'm not telling you anything new. You sound like you've at least looked.

      The beauty of being a super tiny niche developer is that your clientele has no idea that open source even exists. Some of them have trouble turning their computers on. This means that you can write in your language or choice, using your database of choice, no matter how exotic your tastes are. In these niche fields, you see things like Sybase, and Pervasive databases all the time. Another perk to doing things this way is that it's harder for the client to know what they have, and bring someone other than you in to fix it. Personally, I prefer to use embedded databases, but that's another topic of conversation.

      The other place to go is government. State and federal governments are always outsourcing development of an endless stream of web and software applications to independent software houses. It's an incredible market. And under new bidding regulations put in place on state and federal level over the last few years, it's become a lot easier for the lone developer to get consideration. For what they pay though, it's probably better to rent an office and hire some help. You'll need it.

      The only time you're ever going to get ripped off by open source projects is when you're developing something extremely generic. As a niche developer, you've invested some serious time and effort into finding a market that nobody else wants. You've developed something that will ensure that you will be needed. And, you've put a lot of effort into making your application as relevant as possible to that one industry, or group of industries you wish to service. You speak their industry specific language. You have invested time in learning the basics of how things get done, to the extent that you can improve on the existing processes on your own, at least enough to justify your product's existence. If at this point, you're still developing something generic that can be reverse engineered with little or no effort, for free, by a non expert, you're probably not going to be successful as a niche software house.

      --

      This signature has Super Cow Powers

    43. Re:Someone has to do it by Anonymous Coward · · Score: 0

      However, I do encourage people to come here for tourism.

      Thanks, but I don't appreciate being treated as a terrorist suspect. I'll visit the US when you drop the whole photograph-fingerprint-and-cavity-search routine at the airports, okay?

    44. Re:Someone has to do it by real+gumby · · Score: 2, Funny
      Since 2000, "Land of the Free" has been distributed by GOP Industries...
      And as a service, Iraqi developers get to receive theirs "to-go!"
    45. Re:Someone has to do it by demachina · · Score: 1

      A most insightful post though I wager its not easy to find the niches you are describing, get a product to fill them and get your product in the face of the people with the niche to fill. It would seem pretty likely you probably had to work in the particular industry for a corporation and hope the don't put enough tentacles in you to prevent you from going out an exploiting the expertise you developed while you were there.

      --
      @de_machina
    46. Re:Someone has to do it by NateTech · · Score: 1

      So your corollary states:

      The laws suck, so naturally the solution is to figure out how to pay more lawyers.

      (Argh. WTF?)

      --
      +++OK ATH
    47. Re:Someone has to do it by dbIII · · Score: 1
      Nevermind that they had threatened to crucify anyone for even *thinking* about prime numbers up to that point:)
      Funny thing is the way they threatened to sue the two guys who became their lead developers in Australia, and dropped the action when they agreed to work for them.

      The American way of doing business really sucks sometimes.

    48. Re:Someone has to do it by rthille · · Score: 1

      Slashdot really really needs a +1 (Sad But True)

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    49. Re:Someone has to do it by VolciMaster · · Score: 1

      'ees pinin' for the fjords!

    50. Re:Someone has to do it by Anonymous Coward · · Score: 0

      pinin' for the fjords

      pinin' for the fjords? What kind of talk is that? Why did he fall flat on his back the moment he got home?

  2. ok - you are wrong! by SimonInOz · · Score: 2, Funny

    Is that what you wanted to hear?

    --
    "Cats like plain crisps"
    1. Re:ok - you are wrong! by StikyPad · · Score: 5, Funny

      "Carson.. promise you'll never die."

      "You know I can't promise that."

      "If you did, I'd make love to you right now."

      "I promise. I will never die."

    2. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      Darn, I must have missed that episode of Queer Eye...

    3. Re:ok - you are wrong! by Grey+Ninja · · Score: 2, Informative

      It's actually Team America: World Police. That scene had me splitting my side. ;)

    4. Re:ok - you are wrong! by Anonymous Coward · · Score: 0
      > "If you did, I'd make love to you right now."

      I'll take "Things a lone coder will never hear in response to any conditional" for $100, Alex?

    5. Re:ok - you are wrong! by AvitarX · · Score: 5, Interesting

      He is wrong though.

      step one Incorporate.

      step two pay yourself a salary

      step three you are safe.

      Incorporating is to protect you from bullshit, it costs less then 100 dollors.

      MS set the president that companies are not guilty for the infringemeant of their users.

      There are additional taxes though, the corporations income and your income.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:ok - you are wrong! by chicken_moo · · Score: 2, Interesting

      Easy way around corporation income - declare your company to break even and pay yourself your full profits! No corporate taxation, only personal income taxes.

    7. Re:ok - you are wrong! by dasunt · · Score: 1

      step one Incorporate.

      step two pay yourself a salary

      step three you are safe.

      Incorporating is to protect you from bullshit, it costs less then 100 dollors.

      Its slightly more complicated then that -- you don't want to comingle personal and company funds, etc, or else the protection of the LLC is lost.

      In addition, I've been told that a corporate formed by just one person and employing that person is more vulnerable to that person's assets being attacked. My impression of it is that a LLC is less vulnerable to personal liability, but is not immune! IANAL, but I would consult with one before blindly following the internet's advice.

      If you have a good collection of personal assets, you should be paying for an umbrella policy. A mere US$ 1,000,000[1] policy is roughly US$ 150 annually. An umbrella policy (rough definition) is an insurance policy that kicks in if you have a large settlement against you. You will lose whatever the deductable is (say, US$ 10,000) if no other insurancy policy you possess covers it, but afterwords, the umbrella policy will kick in. You also gain the advantage of involving the insurance company in any lawsuits, and they will probably know where to get good lawyers. This is good advice for anyone, self-employed or not.

      [1] Why US$ 1,000,000? Its a good round number. ;) YMMV, but in many (most?) cases, if there is a credible lawsuit, it will try to settle for the policy limit rather then risk going to court, assuming the policy limit is adequate. Most lawsuits are settled for a small fraction of US$ 1,000,000, which makes this coverage adequate for many people. However, it is a risk, and like many risks, can not be completely removed. Do your research, perhaps you'll decide for a higher limit.

    8. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      Actually the corporation probably pays a lower tax rate than you would, so what you want to do is pay corporate tax and pay yourself in dividends instead of paying yourself a high enough salary to raise your personal rate above the corporate rate. Of course, I'm not an accountant, but both my parents have <10-employee corporations (my dad's 1-employee corp contracts sysadmin functions, and my mom's is an insurance agency with a few staffers). Also make sure you're not a subchapter S corporation because those pay taxes at the personal rate.

    9. Re:ok - you are wrong! by roman_mir · · Score: 1

      Incorporating is to protect you from bullshit, it costs less then 100 dollors. - you know, the way USDs are sliding nowadays, these new dollors maybe a good deal.

      BTW., in Canada it cost me around 700CAD to incorporate 3.5 years ago.

    10. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      Be careful about accepting advice from /. "lawyers" who never went to law school.

      I would get some good advice from a local attorney on the consequences if you infringe on someone else' patent or otherwise tread on intellectual property rights. Example - if you have an accident in a car owned by a corporation while doing company business, you could be sued individually for causing the accident and the corporation could be sued as your employer. Be sure the same thing wouldn't apply to IP claims.

      Second, even if you are insulated from liability the cost of defending a lawsuit brought can be enormous.

    11. Re:ok - you are wrong! by arivanov · · Score: 1

      Unfortunately that is right.

      In the US he died long ago.

      In the UK he has died recently as well.

      In Europe he is on his way towards the crematorium door.

      In Eastern Europe he is still alive. But he will die.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    12. Re:ok - you are wrong! by Arker · · Score: 2, Insightful

      Incorporating is to protect you from bullshit, it costs less then 100 dollors.

      - you know, the way USDs are sliding nowadays, these new dollors maybe a good deal.

      BTW., in Canada it cost me around 700CAD to incorporate 3.5 years ago.

      The fees vary immensely in the US depending on what State you incorporate in, among other things. Delaware has very corporation-friendly laws in many ways, and is famous for being the state where you can incorporate for $100.

      At any rate, the original post in this thread makes exactly the point I was thinking of, although it oversimplifies a bit. It's not enough to simply incorporate, you also need legal advice to make sure that you avoid making mistakes that could lead a court to set aside the corporate veil - that rarely happens, because most corporations have legal counsel and are careful to avoid these things, but it's a particular danger for a one-man corporation that doesn't have luxuries like a full-time legal staff.

      Also, he asks about performing patent-searches to try and avoid infringing - it's my understanding this is a very bad idea. There are so many patents issued that this would be a very expensive search, in terms of time, the results for anything non-trivial are most likely going to be positive (that is, there are probably patents covering it - whether or not those palents are valid can only be determined by long and expensive litigation however) and if you do such a search the only real effect is to make any infringement willfull meaning you could face enhanced damages.

      I think the best advice is to form a corporation, pay yourself a wage (relatively high, but within market norms for what you're doing, as soon as the corporation has the cashflow to do it,) no patent searches. But most importantly, you need competent legal counsel. IANAL, this is not legal advice, and if it were, you'd be crazy to take legal advice from a slashdot post, yadda yadda yadda.

      It's not that needing to talk to a lawyer in this situation is a new thing, either. But the patent situation definately means longer talks, and more money paid, as well as a much higher probability of eventually having the corporation taken away from you by some freeloader with a patent, and being left with nothing but the memories and whatever is left of your personal salary. So while the lone coder may not be dead, he's definately starting to look endangered.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    13. Re:ok - you are wrong! by KontinMonet · · Score: 3, Funny

      MS set the president

      Ahah! So this explains how Dubya got back in.

      --
      Did he inhale?
    14. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      Incorporation does not stop you from being sued personally. If you run the company correctly and don't knowingly do anything that runs counter to corporate management requirements you are safe. If however you, say, knowingly infringed on a patent when wearing your programming hat you can't then deny that you knew about this when wearing your CEO hat.

    15. Re:ok - you are wrong! by KingOfBLASH · · Score: 3, Informative

      Watch out! I incorporated in Nevada for something like $160, because i was told that was the way to go. Then the Nevada Department of Taxation told me that they charge $250 a year, + $25 per employee, after I had been incorporated for a year (it's paid in arrears so I couldn't back out). Plus they inform you after you're in your second year, so you now owe $500 + $50 per employee. Plus things get a little more complicated than that. Remember to consult a lawyer before doing anything -- particularly something you heard on slashdot!

    16. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      Elect for Chapter S status, and taxation is passed through to dividend payout only (so you only get taxed once). Chapters S corporations have other restrictions, but for a one man software company, they're a non-issue.

    17. Re:ok - you are wrong! by RattRigg · · Score: 1

      I'd be more likely to accept your legal advice if you spelled "precedent" correctly

      --
      I started with nothing and I still have most of it.
    18. Re:ok - you are wrong! by Mr+Coffee+Cup · · Score: 2, Interesting

      Better than incorporate, form an LLC. It's a lot cheaper at tax time.

      I am a lone coder, 5 years and 160K lines of C frontend and 110 tables of sql into the project. Probably 400k lines total, if you count all the stuff that's been rewritten, redesigned, and obsoleted.

      It's closed source, because I have to make a living, and because I've spent thousands of hours re-inventing the wheel so that it's entirely my wheel. The systems are for a specialized market (translation, the competition is big companies with lots of overhead)

      Personally, I'm more worried with getting customers to pay on time than infringement. As far as actual infringement goes, I regularly mail myself a copy of the source tree, and the CVS tree, at least once every other month. Been doing that for years. It's cheap.. and effective enough to keep me losing sleep.

      A lot of the features in the software are customer requests. These are easily documented, witnessable (if that's even a word) by a living breathing customer, and tied by date into various cd backups of the CVS tree that I mail myself.

      Simply put, I don't have the resources and certainly not the time to dig about and see who might have designed a similar wheel. I don't care. All I care about is that customers get a product that is reliable as their lights so that my tech support cell doesn't ring and I can get some sleep.

      Ohh, and yeah, pay me on time you lazy bums.. you know who you are.

    19. Re:ok - you are wrong! by lost+sheep · · Score: 1

      An incorporated entity does not pay taxes on salaries, even if it's a one person company. A company only pays taxes on retained earnings and disbursments to shareholders. So if you paid yourself an income, but no dividends, and paid out enough so that your company had very little money left in the bank at year's end, there essentially is no double taxation. You also cannot be personally sued and lose personal belongings if you're set up as a corporation (in most cases). Of course you then have to be careful about "purchases" made in the companies name (Why does a 1-person software company need an 56" plasma TV and copies of "Girls Gone Wild"?) But that's another story.

      As for the patents, here it goes:

      Can you get in trouble for selling software that has been patented by someone else? Yes. Have lots of software patents been issued? Yes. If you accidentally infringe on a patent, will the government kick down your door and kill your dog? Probably not. How can you tell if you're working on something that's already patented? Do a search.

      1.) Proper searches are expensive because they're very hard. However, more often than not Google and /or a local college library can handle general searches.

      2.) I recommend that anyone involved in things like software retain the services of a patent attorney. But you should know that the trickiest patents to find are going to be something that you think no one's ever done before, but an obscure IBM facility in the Alps perfected 5 years ago. If you're doing something that everyone already does (Linux, browsers, office applications, etc), something that's in the public domain, chances are you won't be sued (or else they would sue Mozilla, Open Office, etc).

      Will I be sued? Probably not. Why not? Lawyers are expensive, you're not worth their time.

      You should also realize that with the services of a very good attorney, someone not blatantly stealing ideas can probably fend off just about anyone. Also, most companies will send you cease and desist letters before they haul you to court.

      A few seconds to search http://www.uspto.gov/patft/index.html the USPTO will probably do you some good.

      If you're doing something that no one has ever done before, you just might want a patent (here's a tip, get an attorney for that one).

      Don't be afraid, as crazy as it sounds, patents exists to encourage development and even protect small businesses!

      --
      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Lost Sheep to Shepard, you got your ears on?
    20. Re:ok - you are wrong! by prell · · Score: 1
      Being a dictionary/word addict, I looked up "corporation," and found the following in The Devil's Dictionary:
      CORPORATION, n. An ingenious device for obtaining individual profit without individual responsibility.
      Dead on!
    21. Re:ok - you are wrong! by IDoNotGamble · · Score: 1

      Incorporate as Corporation Subchapter S, where all corporate income is treated as personal. Only 1 tax needs to be paid.

      --
      Give the man a fish and he owes you one fish, teach the man to fish and you have just lost your fishing monopoly.
    22. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      durka durka

    23. Re:ok - you are wrong! by Arker · · Score: 1

      Incorporate as Corporation Subchapter S, where all corporate income is treated as personal. Only 1 tax needs to be paid.

      But then you lose the limited liability protections that are the main point to incorporation in this situation.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    24. Re:ok - you are wrong! by IDoNotGamble · · Score: 1

      NO you do not because the whole point of incorporating is to limit liability. Subchapter S corp is like a sole proprietorship but with limited liability.

      --
      Give the man a fish and he owes you one fish, teach the man to fish and you have just lost your fishing monopoly.
    25. Re:ok - you are wrong! by |<amikaze · · Score: 1

      The problem with doing patent searches is that if you KNOWINGLY violate a patent (in the US), then you are subject to treble damages. IANAL, IANAA (I am not an American), but this is my understanding of the situation. In many companies you are expressly forbidden from doing any kind of patent research.

    26. Re:ok - you are wrong! by bplipschitz · · Score: 1

      "Carson.. promise you'll never die."

      "You know I can't promise that."

      "If you did, I'd make love to you right now."

      "I promise. I will never die."


      Uh, it's "Gary, promise me you'll never die."

      "Hans, Hans, Hans--you'we bweaking my bawws hewe!"

    27. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      MS set the president

      "precedent".

    28. Re:ok - you are wrong! by Anonymous Coward · · Score: 0

      it costs less then 100 dollors

      "than".

    29. Re:ok - you are wrong! by Wescotte · · Score: 1

      Easy way around corporation income - declare your company to break even and pay yourself your full profits! No corporate taxation, only personal income taxes.

      Set your salery to just higher than your corp makes. There has to be some sorta tax benifits for a corp that is losing money :)

    30. Re:ok - you are wrong! by AvitarX · · Score: 1

      I would like to thank everybody who made real informative comments here and also state IANAL and that this was smply a very generalized way to protect yourself. Obviously I left a lot out (a lot covered by other people).

      Also the talk with a lawyer is a really good idea, you don't want to break the rules. I would not personally get a patent atterney though, I would hope to stay under the radar, and if I became real successful (above the radar) spend my money on that then.

      I live in DE and that is where I got the general idea of price from.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    31. Re:ok - you are wrong! by LilMikey · · Score: 1

      Ohh, and yeah, pay me on time you lazy bums.. you know who you are.

      The check is in the mail...

      No wait, you were talking to those other lazy bums.

      --
      LilMikey.com... I'll stop doing it when you sto
    32. Re:ok - you are wrong! by Anonymous Coward · · Score: 0
      ... and "infringement" and "dollars" and "than" and "Avatar"...

      Some more punctuation might help too.

    33. Re:ok - you are wrong! by StikyPad · · Score: 1

      That would be a copyright violation. I was doing a parody.

      Plus I couldn't remember what the hell his name was, and Carson was the first male name listed in the credits on IMDB.

    34. Re:ok - you are wrong! by bplipschitz · · Score: 1

      That would be a copyright violation. I was doing a parody.

      Plus I couldn't remember what the hell his name was, and Carson was the first male name listed in the credits on IMDB.


      . . .and of course, the correct response would be. ..

      "Hans, Hans, Hans, you'we bweakin' my baws hewe!"

  3. Of course not by mordors9 · · Score: 5, Informative

    Your real goal though is to write something, get it patented and then sell it for millions to the big boys.

    1. Re:Of course not by doi · · Score: 4, Funny

      Shit, don't bother writing it first, just patent something!

      --
      A man's reach must exceed his grasp, or what's an erection for?
    2. Re:Of course not by Phleg · · Score: 1

      No, no, no, no, no. You don't even need to bother writing the code; just go for the patent. Preferably several of them, at that.

      --
      No comment.
    3. Re:Of course not by Grax · · Score: 4, Insightful

      Now you understand. Our patent system doesn't require you to invent anything. Only to think of something. If thinking of things made you an inventor I would be a pretty serious inventor. (I still think that the line painted in the street to show you if you are too close to the intersection to stop if the light is yellow is a good idea.)

      The current trend is to take obvious ideas and add the phrase "on the internet" and boom, new invention.

      Old Idea. "I want to buy something"
      New Idea. "I want to buy something on the internet"

      Old Idea. "I want to auction something"
      New Idea. "I want to auction something on the internet"

      Old Idea. "You can find things with a table of contents"
      New Idea. "You can find things with a table of contents on my web site, which is on the internet"

    4. Re:Of course not by SpaceLifeForm · · Score: 1

      Wrong, wrong, wrong.
      That's exactly what they want you to do.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    5. Re:Of course not by Issue9mm · · Score: 1

      In theory, the lines that intersect the crosswalk, and only appear shortly before an intersection are exactly what you're talking about.

      In Tennessee at least, whether or not you ran a redlight is judged by whether or not your front bumper broke that plane before the light turned yellow (assuming you were doing the speed limit of course).

      Nowadays with photo lights tho, it's slightly more exact.

      -9mm-

    6. Re:Of course not by Flyboy+Connor · · Score: 5, Insightful
      Your real goal though is to write something, get it patented and then sell it for millions to the big boys.

      Except what will happen is something like:

      Microsoft: "You have a patent we need."

      Lone Coder: "OK. It'll cost you a million bucks."

      Microsoft: "Forget it, we're going to use your stuff without paying."

      Lone Coder: "Then I'll sue you."

      Microsoft: "But our defense will be that our code is a tiny but significant bit different from yours. So we're not infringing."

      Lone Coder: "I'll get a really good lawyer who'll show that you actually ARE infringing."

      Microsoft: "That will take years. Lawyers are expensive. In the meantime, we believe that you are infringing on several of our patents. So we're going to unleash our army of lawyers onto you. Can you really afford the legal costs?"

      Lone Coder: "You bastards."

      Microsoft: "Now now. There's no need for ugly language. We're your buddies. We're here to help you! If you just sign over the rights to your patent to us, we will allow you to continue using it yourself. Of course, when our new blockbuster software comes out, your market is destroyed, but until that time you will be able to make a living."

      Lone Coder: "Arghhhhhh!"

      Microsoft: "And you pay us a million dollars, just so that we won't have our lawyers start sueing you for infringing our patents, as soon as we have thought up a couple that you probably are infringing."

      Lone Coder: *whimper*

    7. Re:Of course not by jez9999 · · Score: 2, Funny

      Old Idea. "I want to have sex"
      New idea.....

    8. Re:Of course not by utexaspunk · · Score: 1

      Your real goal though is to write something, get it patented and then sell it for millions to the big boys.

      actually, sir, I have a patent on that business model. you'll be hearing from my lawyers shortly.

    9. Re:Of course not by thelenm · · Score: 1

      I still think that the line painted in the street to show you if you are too close to the intersection to stop if the light is yellow is a good idea.

      Hmm, good idea! Of course, they would become inaccurate any time they decided to change the speed limit or the length of the yellow light at that intersection. I guess they would be somewhat inaccurate to start with, since most people drive faster than the speed limit. And you'd always get jehus who punch the accelerator even harder to make the light from behind the line.

      (Just learned that word, "jehu", by the way. Good Scrabble word. :)

      --
      Use Ctrl-C instead of ESC in Vim!
    10. Re:Of course not by tomoe27 · · Score: 1

      It's just like last nite's South Park, where the kids were producing TV shows. Some kid came up with "Animals Close-up with a wide-angle lens." When that became old he released "Animals Close-up with a wide angle lens.. with hats" and everyone praised it for being a totally new and exciting show.

  4. Thanks Timothy by LittleLebowskiUrbanA · · Score: 1

    Made me laugh out loud with that editorial comment about RMS :) Classic!

    1. Re:Thanks Timothy by SSJ_Ramon · · Score: 1

      > Made me laugh out loud with that editorial
      > comment about RMS :) Classic!

      Good casting choice, Hopkins as RMS. I wouldn't mind seeing either Wesley Snipes or Jackie Chan have a shot at the role.

      --

      This .sig is void where prohibited, no purchase necessary.
  5. I hope not ... by smoyer · · Score: 4, Insightful

    That would be the end of innovation in the U.S. and would cause an even greater shift of technology jobs to oversea markets!

  6. I am not a lawyer by Elwood+P+Dowd · · Score: 5, Interesting

    Due diligence?

    Patent enforcement is the job of the patent holder. You do not need to do "due diligence" unless you are basing your design on someone else's patented product. Or you are attempting to publish your own patent.

    --

    There are no trails. There are no trees out here.
    1. Re:I am not a lawyer by ghettoboy22 · · Score: 3, Informative

      I think that's exactly his point. You need to conduct due diligence to make sure YOU AREN'T infringing on someone's patent, less you want to get sued for millions if it's found you are infringing.

      Remember, ignorence is no excuse in court.

    2. Re:I am not a lawyer by geek42 · · Score: 5, Informative

      And yet if you invest time and money into producing a product, only to find that it relies on a patented method, you might quickly find your investment going down the drain - or rather, the fruits of your labour going to the patent holder.

    3. Re:I am not a lawyer by SendBot · · Score: 2, Informative

      You do not need to do "due diligence" unless you are basing your design on someone else's patented product.

      That's kinda the point. With all the ridiculous software patents, it's a minefield in which you could unwittingly step on an existing patent unless you do some research beforehand.

    4. Re:I am not a lawyer by groovemaneuver · · Score: 5, Informative

      Remember though, you'll get fined TRIPLE the damages if you knowingly violate a patent, versus 1 x damages if you unknowingly violate. Ignorance isn't protection, but it would appear to be a helluva lot less expensive.

      Damned if you do. Damned if you don't.

    5. Re:I am not a lawyer by Trepalium · · Score: 1
      And if you do perform some research beforehand, you could be liable for treble damages if they can prove you knew about their patent when they sue you over it. Damned if you do, damned if you don't. Unfortunately, ignorance is probably the best policy, unless you can afford to hire an expensive lawyer with a patent background to do the search for you. Under no circumstances should you attempt to do the search yourself, because you'll only taint yourself.

      If you want to protect yourself from software patents, there's only one way to do it. Get rid of them entirely. You may not agree with RMS on his free software philosophy, but you should be able to agree with him on his software patent philosophy.

      --
      I used up all my sick days, so I'm calling in dead.
    6. Re:I am not a lawyer by agm · · Score: 1

      The patent holder wouldn't get any of the "fruits of your labour" as you could always "cease and desist" by halting development/sale of your product. Sure, that would suck big time and you've just lost out, but the patent holder doesn't gain. Or do I misunderstand the way this works?

    7. Re:I am not a lawyer by micromoog · · Score: 1

      You'll likely have to turn over all money you've already made.

    8. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      I think what happens is that BigBadCompany waltzes into court and says "Mr. Lonewolf here is infringing on our patents, and we can prove it if we see the source code." BigBadCompany's lawyer then flashes a nice thick wad of bills... not as a bribe, oh no, rather think of it as the start of the judge's campaign contributions when he runs for office in a few years.

      Of course the judge immediately agrees and signs a court order forcing you to give your source code over.

    9. Re:I am not a lawyer by Anthracene · · Score: 5, Interesting

      Patent enforcement is the job of the patent holder. You do not need to do "due diligence" unless you are basing your design on someone else's patented product. Or you are attempting to publish your own patent.

      That makes sense, doesn't it? Looking up and citing other work in the field is certainly the way that academic publishing works. Unfortunately the unintended consequences of patent law make it such that it doesn't work out that way.

      When I was (forced by my boss to be) applying for a software patent, my boss told me to look around for other things that might be similar to what we'd done. And as soon as the patent lawyers heard that he told me that, they went through the roof, and immediately told me to stop. Here's why:

      Patent law says that you're legally required to reference any potentially overlapping work that you know about in your application. If someone can show that there was something that you knew about and didn't cite in your application, it's grounds for revoking the patent. It's very hard to write laws that talk about what someone ought to know or be aware of, though, so you only have to include things that you are actually aware of. But the more citations you include in your application, the greater the chance that the examiner will reject the application because of one of those related patents you cited. (You can see where this is going...) So, from a legal standpoint, the best situation is one where you honestly have no knowledge of any other work in the field, so you can submit an application with no citations. So you never do any kind of "due diligence" searching when you submit a patent, because all it can do is decrease the chances that it will get granted.

      So you really probably shouldn't ever read patents (see my other post in this article about why it's a bad idea for programmers to look for infringing patents). Which is kind of strange and sad considering that one of the main points of the patent office was supposed to be to provide a legally protected way to publicize information about technology to encourage further growth and development.

      IANAL, either. Just a disappointed observer, discouraged at how terribly out of control our patent office and patent law has become.

    10. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      Yes, its the responsibility (and decision) of the patent holder whether to pursue you for infringement. A patent holder is not obligated to legally prosecute you, even if you are clearly infringing on their patent. Anyways, you'll have to make a lot of money (or be degrading their product or brand) as well as obviously infringe before you will find a corporate lawyer willing to pursue you. Essentially, you must clearly be denying money to the patent holder before corporate legal gets involved. Legal action is expensive and most corporations won't touch the "small fry" operation simply because the financial return isn't enough to offset the cost.

    11. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      Don't investigate whether you infringe or not. The penalty for infringing goes up (by a factor of three, if memory serves) when its clear that you intentionally (rather than unknowingly) did the infringement.

    12. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      I think that only applies to copyrights, not patents.

    13. Re:I am not a lawyer by WindBourne · · Score: 1

      If the work is OSS, put the work on None-American and None-Australian sites. This will solved things. If the work gets back to America/Australia, well, it was not your fault.

      If doing closed work, well, you need a lawyer. Consider it part of the cost of doing business. If you are looking for a patent, that is only 7-10K each.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    14. Re:I am not a lawyer by skywire · · Score: 1

      The parent posting may be Informative, in that it shows us the kinds of naive notions about intellectual property law that are floating about. But it is hardly Insightful.

      One need not be a lawyer to understand that patents are very different from copyrights. You needn't actually "base your design on someone else's patented product" in order to infringe on a patent. Nor do you need to be seeking a patent. You need merely to use without license a patented device or method, even if you invented it independently.

      Even when there was sanity in the U.S. patent system, and competence in the USPTO, there was always some probability that one's completely original invention would run afoul of a patent. When the Office is handing out patents willy-nilly without requiring non-obviousness, and without regard to the existence of prior art, this becomes almost impossible to avoid without an expensive exercise in due diligence.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    15. Re:I am not a lawyer by jaoswald · · Score: 5, Interesting

      Due diligence is only worthwhile if you want to make a patent of your own. Using it as a guide to "what not to do" is a total waste of time.

      Look, all the patent does is allow someone to sue you if they believe they can prove in court your work infringes the patent. This requires several steps to have a real effect on you.

      1) They have to notice you
      2) They have to care somewhat about what you are doing and analyze it in some detail to determine it is in their patent library
      3a) You have to be perceived as a threat to be shut down
      3b) alternatively, you could have deep pockets to be emptied.
      4) They have to contact you/make the first move
      5) They have to decide to sue you
      6) They have to be successful enough in court to
      7a) bankrupt you
      7b) make you empty your deep pockets
      7c) make you stop and do something else.

      At many points along the way, the process can break down in your favor.

      - A lone coder can easily stay under the radar while making a comfortable living for one person.
      - Unless they hear about your product, and are able to gather enough information, they won't know it infringes their patents.
      - If you are successful enough to have deep enough pockets that a patent-holder notices (and patent holders have to be big enough to spend many thousands of dollars to file a defensible patent, not to mention R&D for real innovation), or to be perceived as a threat, you've made enough money to hire a good lawyer. Or, enough money to give up without a fight and retire on your savings.
      - When they contact you, you can counteroffer. Lawsuits are risky. Maybe you can create a win-win situation which they would prefer to a possible lose-win situation favoring you. You probably have some code they would like, or skills they would find useful. Offer to come work for them, or license the code to them, or some other kind of collaboration.
      - If they decide to crush you instead of accepting the offer, you can just walk away. Agree to cease & desist, and move on. If you don't have enough money to walk away, they what the hell are they suing you for?

      Patent holders are either

      1) huge companies that don't care about the little ants scurrying around beneath them unless the ant looks like its going to grow into something big. Then, they would rather buy it than crush it.
      Mostly, they get patents to cross-license as protection or to protect their market niche from the other huge companies or *aggressive* startups.

      2) small companies looking for a big company to sue for violating a patent. They are an ant themselves, looking to take down one of the elephants. Other ants don't have enough money to make enticing targets.

      Neither of these cases really cares about crushing some lone coder just for the savage thrill.

      Plus, (IANAL) the damages they can get are related to the profits they would have had but for the infringement. If you are some small potatoes guy, the revenue you suck away would be tiny, unless you are obviously going against some cash cow like Microsoft Office or iTunes Music Store or a commercial data base. Creating a commercial product dedicated directly to putting MS out of business is obviously asking for trouble. But is also beyond the lone coder.

      Don't waste psychic energy worrying about the remote risk that a patent lawsuit will crush you. You'll have plenty of other reasons to fail, anyway. Life is too short to worry about this kind of thing before the C&D warning shot comes over the bow.

    16. Re:I am not a lawyer by Dashing+Leech · · Score: 1
      There was always some probability that one's completely original invention would run afoul of a patent

      Yup, true, though it was always a small probability. The problem nowadays is that even the most obvious things, things with prior art, and implemening some ordinary activity on a computer are getting patented left and right. The idea of patents is supposed to be that it is highly unlikely that a person would independently come up with the same thing. They are supposed to be so unobvious that requiring a search should by completely unnecessary for normal operations. I don't know how the patent system evolved into an anything new system.

      So the system is broken. How long before it collapses? (Not that collapsing is a good thing, but it would certainly drive the reforms faster.)

    17. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      Nobody is going to come after you for patent infringement unless you're making serious money (read 6 figures/year).

      The standard rate is also about 1% per patent.

      So, by the time you're making enough money to draw someones attention you'll have enough money to hire a patent attorney or pay a negotiated royalty.

      If you get that big then you should also be filing for defensive patents.

    18. Re:I am not a lawyer by Jack+Pirate · · Score: 1

      Most people would not spend the hours to write the program if they knew it was infringing a patent.

    19. Re:I am not a lawyer by nomadic · · Score: 1

      Alright, now how he's supposed to make a living writing OSS? I mean, that's the whole point of his question.

    20. Re:I am not a lawyer by rainman_bc · · Score: 1

      Just move to another country like Canada and sell your product from there. They can't screw you in another country, however they can block export.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    21. Re:I am not a lawyer by gcaseye6677 · · Score: 1

      Patent cases are a matter of federal law, which means they are heard by a federal judge. These judges are appointed, not elected. So a contribution would be nothing more than a bribe, which is very difficult to accomplish with a federal judge.

    22. Re:I am not a lawyer by Audacious · · Score: 2, Interesting

      IANAL2!

      Actually, as per previous talks about patents, a lot of today's patents are based upon previous patents with slight changes here and there. Therefore, always base your product upon expired patented items. Really though, patent infringement on many of today's things should be easily avoided. After all, more than six million patents have been given out since the founding of the US. How many of those do you think are still valid? (Even at Microsoft's threatened 3000 patents this year - that is still a far cry from even one million; let alone six!) They only last twenty years so anything patented before 1984 is up for grabs - even the original Macintosh patents, Apple computer patents, Lisa patents, and IBM PC XT patents. Even Intel's original patents for the 8086 should now be in the public domain. What's going to be interesting soon is cell phones and CD players since they were originally introduced in the 80s. Software patents began in the 1980s also so we should soon see some interesting patents falling into the public domain. Like XOR'd cursors, the way overlapping windows work, and others.

      Also! Don't forget to write your congressman and the Supreme Court (if you can find the email address) about the "chilling effect" it has had on you wanting to produce new works. This is the kind of data the supreme court needs in order to decide whether or not the laws ARE affecting how people do things in America.

      --
      Someone put a black hole in my pocket and now I'm broke. :-)
    23. Re:I am not a lawyer by TurboStar · · Score: 1
      6) They have to be successful enough in court to
      7a) bankrupt you
      7b) make you empty your deep pockets
      7c) make you stop and do something else.
      7d) make enough off you to keep you around (really, this is a game about profit, nothing more)
    24. Re:I am not a lawyer by cshark · · Score: 3, Interesting

      There is of course another way to get around just about any patent that no one ever seems to talk about. Set up shop in Sealand. For those not in the know Sealand is an abandonned British military platform about the size of a football field in the middle of the ocean. And it just so happens that it is located in international waters. Established in 1967 by some British guy with a boat, it provides the ideal setting for those not interested in complying with IP laws. This is because they don't have any. None, natha, zero. They don't honor anyone else's either. Which is handy. If I am not mistaken, Havenco is located there as well.

      --

      This signature has Super Cow Powers

    25. Re:I am not a lawyer by RollingThunder · · Score: 1

      There are a number of treaties in place that say "we'll respect yours, if you respect ours". Not sure if Canada has one in place respecting the US patents, but I'd be stunned if we didn't.

    26. Re:I am not a lawyer by Elwood+P+Dowd · · Score: 1

      You needn't actually "base your design on someone else's patented product" in order to infringe on a patent. Nor do you need to be seeking a patent. You need merely to use without license a patented device or method, even if you invented it independently.

      But that's not what I said, and that's not what I meant, either. I know perfectly well that you could follow my advice and still infringe on an existing patent. I was instructing that there is no patent-related due diligence to be performed. That is also true.

      --

      There are no trails. There are no trees out here.
    27. Re:I am not a lawyer by dourk · · Score: 5, Interesting

      Unrelated to software, but a similar situation from my industry:

      Honda has a patent regarding the routing of the front brake line on their motocross bikes. Yamaha is forced to use an alternate (longer) routing to keep from infringing the patent, which ends up decreasing sensitivity on the front brake.

      Suzuki ignores the patent. Honda doesn't care. They aren't nearly as concerned about losing sales to Suz as they are to Yamaha.

      And I have a bunch of short brake line kits for those yams, if anyone wants better brake feel.

      --
      Wake up.
    28. Re:I am not a lawyer by Buran · · Score: 2, Insightful

      And then the corporation (not you, so it stays off your credit record) promptly declares bankruptcy to thumb their nose at the corporate scum. Then the guy starts a new company with a new product.

      Repeat ad infinitum.

    29. Re:I am not a lawyer by groovemaneuver · · Score: 1

      At this point, software patents are so frivolous that writing just about anything beyond "hello world" is violating someone's patent. Just the act of coding a usable program is most likely violating some silly software patent, and is why the rules need to change.

      My previous point was that as a programmer, you're probably better off NOT knowing what's been patented because odds are already against you -- it's not worth the risk of a triple damages penalty.

    30. Re:I am not a lawyer by dbIII · · Score: 1
      my boss told me to look around for other things that might be similar to what we'd done. And as soon as the patent lawyers heard that he told me that, they went through the roof ... so you only have to include things that you are actually aware of
      Another way the patent laws are broken - it makes ignorance a virtue.

      I don't think software or unsolved problems looking for solutions should be patentable anyway. Innovation is increasingly coming from elsewhere, and I suspect the US patent system is holding things back, since so many patents are very general.

    31. Re:I am not a lawyer by doodlelogic · · Score: 1

      I'd be stunned if Canada didn't have some sort of reciprocity for US patents.

      I'd be even more stunned if Canada was prepared to enforce punitive damages for breach of that US patent though...

    32. Re:I am not a lawyer by RollingThunder · · Score: 1

      I suspect it would be more along the lines of a civil judgement in absentia that would be enforced on any assets entering the realm of control of the US. Kind of like a bunch of our businessmen are on the shitlist for dealing with Cuba, and will be arrested if they ever enter the US.

    33. Re:I am not a lawyer by solprovider · · Score: 3, Interesting

      I fit the definition of the "Lone Coder". While I have a long history of working on teams to write software, several companies have rejected funding my "Really Good Ideas(TM)". I built the programs anyway. I believe (and hope and pray) I have the business sense to bring the products to market without getting sued to oblivion first. Then I hope to free (as in "release the source code under the GPL") the programs before lawsuits force my company into bankruptcy. I want to:
      - make the world a better place.
      - get rich.
      - continue having fun with computers.
      I hope the world (the US court system and the idiots with a bankroll for lawyers) let me.

      Taking your points:
      1. They notice me.
      My first products are built on software from IBM. I hope the partnership with IBM develops so they:
      - Won't sue me. (I am helping to sell their products too.)
      - May assist in my defense against lawsuits. This is a long shot, but I can dream, right?

      2. Realize I am violating a patent.
      Given the state of patents, I assume every new program violates many of them, including anything I write. So I assume I will get sued. Today, there is no chance that a "Lone Coder" could market anything without getting sued.

      3a. Need to be a threat.
      One of my programs obsoletes most of what MS has said Longhorn will do. That should count as a threat.

      3b. Deep pockets.
      We are in negotiations to license one of my programs for several million dollars. Does that count as "deep pockets"?

      4 & 5. They make a move and sue me.
      Are you kidding? There are too many "companies" producing nothing but lawsuits for me to even hope I have a chance to not be sued.

      6. The courts.
      Of course the courts will allow them to sue me. What else are the courts for?

      7a & b. Bankruptcy, Broke
      I hope to have enough money to survive the smaller players. I hope to make partners to survive the big players (MS). Declaring bankruptcy is the last line of the business plan. We expect it.

      7c. Do something else.
      Always have a Plan B. Mine involves an estate somewhere warm with swimming pools. That will not advance the state of computers, but at least I have a plan.

      == Points in my favor? ==
      - Stay under the radar?
      I want to improve the world. I don't worry about developing ideas unless they have the potential to produce millions of dolllars. That is not a good plan for staying under the radar.

      - Lawyers?
      I have a good IP law firm. While I expect them to defend me, and keep the cases in court as long as possible without any impediments to my business, they are expensive, and eventually the cost of the lawyers will eat all the profits. At that point, I'll quit.

      - Counter-offers
      They are only good when the other "company" has something to lose. If they are suing for the hope of a big win, it will be difficult to buy them off. Cross-licensing is useless when the other company only produces lawsuits, since lawyers will not pass laws allowing patents restricting lawsuits, and none of my patents would be relevant.

      - Big companies
      If MS sues me, I am releasing the software as open source. That is the step in the business plan just before going bankrupt.

      - Small companies
      I like your comparison to ants, but a few million dollars will seem like much money to an ant. Why should they take on an elephant when they can retire by stepping on another ant?

      Don't assume a "Lone Coder" cannot be a threat to the big guys. Linus managed to create the only violable threat to MSWindows. One of my programs threatens most of the business software sold today. Yes, Linux involved many other people before it became a real threat, and I expect to hire other people before my programs are brought to market. But the ideas were first developed by a Lone Coder.

      I agree with your last point. Our first goal is to make money. Then we need to polish our other programs and bring them to market. Then we'll wait until lawsuits bankrupt us. Hopefully I will still have Plan B.

      --
      I spend my life entertaining my brain.
    34. Re:I am not a lawyer by HeadachesAbound · · Score: 1

      >Creating a commercial product dedicated directly to putting MS out of business is obviously asking for trouble. But is also beyond the lone coder.

      What about creating an OS to compete with MS Windows? Wouldn't this be directly competing with MS?

      It doesn't have much to do with competing with a company unless they have been successful in patenting either a business method or software method which are both entirely bogus and I can probably dig up a crayon drawing which would demonstrate my prior art to many software patents (don't ask).

      My point being is that patents are just another way of making money and the best way to get around them is to prove that you had the idea first. Most of my code from college would demonstrate this.

      The LoneCoder is not dead. We have just chosen to retreat into the darkness and plan our next offensive. Time to break out the dot matrix.

    35. Re:I am not a lawyer by cpt+kangarooski · · Score: 1

      It's not that easy yet.

      Patents last either 17 years from when it was issued or 20 years from when it was filed. We switched from the former to the latter in the mid 90's and there's still some transitory effects. Plus there might be as much as an extra year or so, since you don't have to patent immediately.

      It's still safest to run a search.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    36. Re:I am not a lawyer by cpt+kangarooski · · Score: 2, Interesting

      Uh huh. The problem is that you can't go there personally because they don't let people over there as a rule. And what's key when you're getting sued is where you are, not where you'd like to be.

      Not to mention that no one takes Sealand seriously and would bother respecting claims of sovereignty anyway.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    37. Re:I am not a lawyer by cpt+kangarooski · · Score: 1

      Well, no. They're supposed to have been nonobvious at the time of invention. If the invention is really popular, everyone's going to think it was obvious in hindsight. But it probably wasn't.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    38. Re:I am not a lawyer by deblau · · Score: 1
      Actually, it's very easy to write laws that talk about what someone ought to know. For example, if you're a parent with a sick child, you "ought to know" that your child needs medical attention. If they don't get it and die, you're guilty of manslaughter. See here for some Massachusettes cases involving religion, prayer healing, and dead kids. (Just so you know, Lisa Sheridan died from empyema, a complication of pneumonia that she got from strep throat. You heard right, strep throat killed her.)

      One thing I do know is that the law is packed to the brim with references to the "reasonable person," who is level-headed, knows what they ought to do, and then does it.

      Disclaimer: I am a law student. I am not authorized to practice law. The foregoing is not legal advice.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    39. Re:I am not a lawyer by Keeper · · Score: 1

      There is a bigger reason why the patent attorney went ape.

      If, at a later point in time, you are sued for some sort of patent infringement, and the person bringing the suit can show that you looked at their patent, the infringment becomes "willful". Even if you didn't think their patent didn't apply, it doesn't matter. Willful infringmeent means that the damages awarded are trippled.

    40. Re:I am not a lawyer by avida · · Score: 1

      Owning a patent does not mean you own any invention created that uses that patent. You'll just end up paying a licensing fee, which may or may not eat up any commercial viability of your product.

    41. Re:I am not a lawyer by KontinMonet · · Score: 1

      But what if it's well-known that MegaCorp Inc. has a range of patents on, say, databases? Couldn't the prosecution point out the huge amount of publicity, the articles, the tekky sites that mention various details of MegaCorp's patents and that you (who wrote a piece of flashy database s/w) MUST have known that you were likely to infringe on their patents?

      --
      Did he inhale?
    42. Re:I am not a lawyer by cgreuter · · Score: 1

      I agree. I have a couple of other thoughts as well:

      Firstly, it's (often) a good idea to incorporate. That is, rather than sell software which you've written and own, form a corporation which you own, then work for it and take a salary and/or dividends. This way, if someone sues you for any reason, your own assets (i.e. your house, car, etc.) aren't vulnerable. The most you can lose is the corporation's assets so even if you get sued out of existence after ten years in business, you can keep those ten years' profits.

      Secondly, remember that although all sorts of dodgy patents get approved, most of them don't hold up in court. The patent leaches work on a premise that it's often cheaper to just settle than to fight it in court. Big corporations, in addition to having deeper pockets, are a lot more likely to roll over just because it's going to be better for the bottom line. A lone coder though, if you piss him off, may decide to fight and get the patent overturned and that's not good for the leach. This makes them bad targets.

      Note: I'm also not a lawyer.

    43. Re:I am not a lawyer by mikael · · Score: 1

      The difference is that if you surfed the website of the patent office, made a retrieval request, they would have your IP address and could prove you looked at the documents.

      Saying that IBM has over 100,000 covering all fields of Computer Science would amount to the same thing. By that statement you could make the assumption that that there would be at least one patent you have infringed.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    44. Re:I am not a lawyer by GMill · · Score: 1

      This should be modded up to 100. It is a great posting.

    45. Re:I am not a lawyer by Anonymous Coward · · Score: 2, Interesting

      I want to improve the world. I don't worry about developing ideas unless they have the potential to produce millions of dolllars. That is not a good plan for staying under the radar.

      Mark me for trolling, flaming, whatever you want... i can't let this go.

      What the hell is this "I want to improve the world" garbage? Come on... why do you feel the need to say that? You want to be rich, plain and simple. If you really wanted to help the world, you'd say it the other way around:

      "I want to help the world. If I can come up with an idea that makes millions, then all the better, but it's the first part that's important."

      99 times out of a 100 (hell, 99.99 times) the idea that helps the world doesn't make you rich, if it makes you any money at all.

      I have no problem with you trying to make millions but don't insult those people that actually do make the world a better place and live in squalor because of it by saying you're in the same league as they are.

      You want to be rich, but you find those that may sue you because they want the same thing, reprehensible. That's pathetic. You want to play in the game and get rich? Then recognize that you are probably, deep down inside, much more like "them" than

      • the groups that give shelter to battered women
      • people that make $8/hour working in animal shelters
      • people that spend most of their non-work time volunteering at old age homes, youth centres, local schools, coach little league
      • groups who give food and blankets to the homeless
      • ...

      Once again, I have no problem with you making yourself rich. Just don't make us try to believe that it has anything to do with your desire to "better the world".

    46. Re:I am not a lawyer by Oddly_Drac · · Score: 1

      "Established in 1967 by some British guy with a boat, it provides the ideal setting for those not interested in complying with IP laws. This is because they don't have any. None, natha, zero. They don't honor anyone else's either. Which is handy. If I am not mistaken"

      While it's a lovely idea, Sealand wouldn't take a whole lot to repatriate and would be forced to undertake the laws relevant to the nearest landmass; they're already erecting barriers in terms of not allowing infringing content because they can still be sued.

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
    47. Re:I am not a lawyer by grundie · · Score: 1

      The whole concept of Sealand is a wee bit mad. Despite what the 'King' of Sealand says, no one recognises it as a proper country. If Sealand were to start offering services that annoys business interests in the UK or elsewhere, I'm sure the UK goverment would be quite happy to go out and demolish the platform and thus no more Sealand.

      Anyone who thinks Sealand affords them any form of legal protection would be as mad the Sealand King himslef.

    48. Re:I am not a lawyer by Schwartzboy · · Score: 1

      You do not need to do "due diligence" unless... you are attempting to publish your own patent.

      If recent news here in the US is to be believed, all you need to apply for and be granted a patent here is one or more of the following: a complete lack of knowledge of that which you are patenting, a quasi-legal monopoly (in that no one seems too worried about actually punishing said monopoly, so it must be okay!), a list of good friends that includes the right sorts of politicians, or the words "...using a computer" or "...over the Internet" at the end of any inane BS that you submit to the patent office.

      So, yeah, I'd argue the point of this "due diligence" nonsense that you refer to. Unless you're thinking of the way things are supposed to work...friggin' optimist.

      </tongue in cheek>

      --
      "Linux doesn't exist. Everyone knows Linux is an unlicensed version of Unix"- Kieren O'Shaughnessy
    49. Re:I am not a lawyer by walterbyrd · · Score: 1

      But, it's usually not a patented "product" it's an idea, like double-clicking a mouse. There's a bahzillion patents for stuff like that, how do you get around them all without a full-time legal team?

    50. Re:I am not a lawyer by Anonymous Coward · · Score: 0

      There is no need to go to a platform, you have lots of countries which either have outdated patent laws or their law system is so bad nobody will try to sue you and if they do it will take several years. I live in Argentina which has a great technology infrastructure, is dirt cheap and the long hand of the law is ... well not non existant but very poor. You can also get very good programmers for 500 bucks a month.

    51. Re:I am not a lawyer by radtea · · Score: 1

      After all, more than six million patents have been given out since the founding of the US. How many of those do you think are still valid?

      There are as of yesterday (November 16th, 2004) 6,820,278 US patents issued. Taking the somewhat fuzzy 20-year rule, 2,337,260 of them are still valid, or 34%!

      Furthermore, 50% of all U.S. patents were issued on or after November 12th, 1968--just 36 years ago.

      If patenting continues at the current rate (about 500 per day) in a decade or two the majority of issued patents will be still in force.

      --Tom

      --
      Blasphemy is a human right. Blasphemophobia kills.
    52. Re:I am not a lawyer by Audacious · · Score: 1

      But the majority of them will be based upon other patents formerly issued past the 20 year rule.

      As a for-instance: I investigated/researched LED displays. LED displays were invented/patented in the 1950s. Not a single patent being issued today is unique. All of them reference back to the original patent. The changes are: Gigantic LEDs, micro LEDs, LEDs of different colors, shapes, and variable intensities.

      So if you were going to create a new LED your patent would also have to reference back to all of these other patents. And that is the catch. This is why Adobe, Corel, Macromedia, and others file their patents. So if company A were to sue company M, then company M can say they have patents also which cover similar aspects of the same patents company A has. Which, is stupidity to me in any case. (To sue over some method on how to make a button look like it was clicked or if you can or can not detach a tab to make it a separate window. COME ON! IS THERE NO COMMON SENSE LEFT IN THE WORLD? Oh! I forgot - we are trying to build the world's largest IF-THEN tree. IF you have a tab and IF you want to detach it THEN IF you are company A you can use Patent #5 ELSE IF you are company M you can use Patent #6 ELSE Ad Nauseum END IF. Sorry! Not the intention of giving out patents! Especially if more than one person comes up with the idea - then the idea isn't unique and therefore disqualifies it as a patent.)

      I don't know about anyone else, but I am highly in favor of making very strict laws governing the issuance of patents. Specifically that anyone attempting to patent blatantly obvious things should be fined an excessive amount or put in jail. *sigh* But then the innocent people who thought they had a great idea would most probably go to jail instead. Oh well guess we will have to live with the stupidity that the patent office has become. Until the whole system collapses that is. Which is where it is headed. Pretty soon you won't be able to tie your shoes because the method is patented. Or you won't be able to put your clothes on because that is patented. Everyone will have bad hair cuts as the barbers try not to infringe on what used to be standard haircuts. Sorry - you can't brush your teeth because using the Oral-B toothbrush was patented last week. Colgate is planning on doing the same next week. And Crest already has a "use the finger" method to clean your teeth. So that's out.

      Sorry! I refuse to pay and I refuse to live my life doing research over what someone else may have patented. Let them scream. Let them take me to court. Then I'll declare bankruptcy and they will be out all of those hundreds of thousands of dollars. Or better yet - I will do what the people who owe me money do. I file a writ of execution (boy wouldn't that be something if they really did execute them!), the constable goes out to them, they say they will have to go to the bank to get the money, they go file for bankruptcy instead, show the paperwork to the constable, the constable has to stop attempting to collect, they go dismiss the bankruptcy. Cost to them: $10.00 in filing fees. Cost to me: $65.00 each time I send the constable to them. Who wins? They do. So let them sue me. I'll frustrate the heck out of them. And know what? There is no limit to how many times you can file bankruptcy in a given year. Yep. That's how the system works folks.

      --
      Someone put a black hole in my pocket and now I'm broke. :-)
    53. Re:I am not a lawyer by Anonymous Coward · · Score: 0
      Patent law says that you're legally required to reference any potentially overlapping work that you know about in your application. If someone can show that there was something that you knew about and didn't cite in your application, it's grounds for revoking the patent.


      SO STOP POSTING ANNOUNCEMENTS ABOUT MICROSOFT'S PATENTS!!!! Ignorance IS bliss!

    54. Re:I am not a lawyer by torokun · · Score: 1

      I am going to be a patent lawyer (in law school now), and I think I would disagree with the advice of these attorneys... I'll have to see if I change my mind later, but for the moment, I think they're taking an overly simplistic approach.

      In business terms, you could gain a lot by knowing the state-of-the-art patents in your field and licensing those that are useful. You can also use the patent database to help narrow down the areas that will be most innovative for the future. There are some people in the IP field that have written about mining the patent database for innovative opportunities. I think it's an idea with a lot of potential.

      But my main point is that, you only have to disclose those patents that you're aware of that might be relevant prior art. In fact, the more you disclose, and the more references the examiner considers, the more valuable your patent is going to be when it's issued. I don't want to be in the business of getting indefensible patents issued to my future clients unless that's honestly all they want for strategic purposes... I think in most cases, they will want a valuable and defensible patent. When you threaten to sue someone for infringement, I think one of the first things they do is go see how many references were considered by the examiner. That is a very good proxy for the strength of a patent in many cases.

      If by becoming aware of the prior art, you discover something that may impact your application, you thereby also allow yourself to distinguish your invention before any later litigation. Really, discovering these things up front is much better in my opinion.

      As I said, the lawyers who don't take this view are only thinking about getting it issued, and that could really bite you down the road. You need to get it issued and defensible, and if it's not, in my opinion it's mostly wasted effort that could have been put towards a better application that distinguishes the prior art. You could also potentially prevent yourself from properly protecting the invention with this approach, but that gets too complicated to talk about here...

      I reiterate that I'm not a lawyer yet, so don't rely on anything in this post for legal advice.

    55. Re:I am not a lawyer by jaoswald · · Score: 1

      The main problem with patent searches is that the signal-to-noise ratio of the patent database is just so damn low.

      The threshold for patentability does not include "is a good idea," "practically useful," or even "works" or "physically possible." The main criteria are "novel" and "not obvious to a practitioner skilled in the art." You don't actually have to be able to make it for a reasonable cost, and it could be absolutely the worst possible way to accomplish the task, and the task might be totally useless.

      Most of the really good ideas are protected by trade secrets and tricky parts that aren't actually clear from the patent description, or just the secrets of successful execution: i.e. how to optimize your design for performance or cost, or whatever.

      Most importantly, patents by definition only include the stuff that competitors are willing to make public knowledge.

    56. Re:I am not a lawyer by rainman_bc · · Score: 1

      That sounds about right - a lawsuit in absentia... Thing is there's a statute of limitations on those I believe...

      Still, the more likely scenario is they get a Canadian or International patent to nail you with. I don't believe US Patents are enforceable outside the US Borders.

      Patent law is pretty fickle though...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    57. Re:I am not a lawyer by jaoswald · · Score: 1

      I'm not sure what your point is with your response to my MS comment. Are you trying to make some pointed reference to Linux? Linux is not a lone coder project by any stretch.

      Patent litigation is indeed a weapon that a company can use to threaten one's livelihood as a lone coder, but that the way such weapons get used is to make oneself a visible and important target. Companies won't hit what they don't see or what they think is harmless. On the other hand, if you go out of your way to make MS or any other company think you are a threat, don't be surprised when they treat you like one. Once you've woken a dragon, even if you are secure from patent litigation, there are plenty of other ways to get burned.

      Proving you had an idea first only becomes a useful tactic inside the boxing ring of litigation. Most lone coders are not going to want to get in the ring toe-to-toe with some heavyweight; it's inherently an unfair battle. By the time you are in front of a judge, the legal fees are already draining your bank account, and there are no guarantees in a courtroom.

    58. Re:I am not a lawyer by __aavljf5849 · · Score: 1

      Doing that seems not to be possible in the US. There you have to sure everybody that possibly maybe might be considered to infringe on your intellectual properties, or you will not be able to sue people later where it really matters.

      This is why lot's of people get these silly cease and decist letters from lawyers because they are possibly maybe infringing on trademarks. Remember that teenager who had a domain that sounded a bit like Microsoft? They *have* to force him to stop doing that, or they may be unable to protect their trademark in a real case later, because they ignored this infringement.

      That's what you get when you let lawyers create the law. A law that is custom made to create more work for lawyers. ;-)

  7. You're wrong. by Frennzy · · Score: 4, Insightful

    Feel better?

    Seriously though, the one good thing I can think of about all this ridiculous IP litigation is that it actually can drive a good 'lone coder' to really innovate as opposed to create the same old mouse trap in a different way.

    In either case, good luck to you. Make us proud.

    1. Re:You're wrong. by tempest69 · · Score: 2, Funny

      But I want my cash on my patent: Novel methods for accessing data, Stored memory addressing and indirect methodologies. And my second one. Incremented-Decremented Data register methodologies. Cause Programmers really need new non-incremental/decremental vector step through.

    2. Re:You're wrong. by cgenman · · Score: 1

      Seriously though, the one good thing I can think of about all this ridiculous IP litigation is that it actually can drive a good 'lone coder' to really innovate as opposed to create the same old mouse trap in a different way.

      Lol. That's a good one. When they're handing out patents for clicking buttons, you're not safe anywhere.

      That having been said, you're probably not worth going after, so do a little dilligence, but just do it.

    3. Re:You're wrong. by Anonymous Coward · · Score: 0

      "innovate as opposed to create the same old mouse trap in a different way"

      Gah! What an idiot!

      If you create "the same old mouse trap in a different way" you're won't infrine on patents on someone else's mouse trap.

      Patents cover implementation! Not concept!

    4. Re:You're wrong. by Anonymous Coward · · Score: 1, Insightful

      id love to hear how you would reinvent a scrollbar

    5. Re:You're wrong. by lsmeg · · Score: 1
      Seriously though, the one good thing I can think of about all this ridiculous IP litigation is that it actually can drive a good 'lone coder' to really innovate as opposed to create the same old mouse trap in a different way.

      Which, of course, is kind of the whole point of patents in general. ;)

      --
      It's OK! I'm a limo driver!
    6. Re:You're wrong. by Anonymous Coward · · Score: 0

      I'll put a scrollbar on the internet!

    7. Re:You're wrong. by Omnifarious · · Score: 1

      No, actually, it's not.

      Patents exist to convince people to publish how their devices work so other people can learn, and thereby improve them, or other things they are doing. They do not exist to force people to come up with different ways of doing something to avoid the patent.

    8. Re:You're wrong. by Anonymous Coward · · Score: 0

      You're behind the times. All sorts of concepts are patented these days.

  8. arg... by Anonymous Coward · · Score: 0

    Patents, patents, patents...
    Don't be sad... In europe we have the same...
    Oh, finally be sad... :(

  9. Yes! (No) by JanusFury · · Score: 5, Insightful

    Well, I'm not exactly an expert, but it seems to me that he's just over-reacting. The threat of patent infringement to a one-man development team seems to me like it would be miniscule compared to much larger threats like running out of money or being unable to accomplish your goals.

    From what I've seen of the software market today, one-man teams still seem to be a way to make money. You just have to find the right market, and avoid overextending yourself - do a good job on the things you can manage, instead of trying to do everything and doing a crappy job of it. I've seen lots of developers succeed by marketing shareware or selling software over the internet (especially as far as indie games go, for example Starscape).

    --
    using namespace slashdot;
    troll::post();
    1. Re:Yes! (No) by Frennzy · · Score: 1

      Saying that he is safe because he is a 'lone coder' is analagous to advocating 'security through obscurity'. In short...he isn't safe, and it isn't secure.

      While we've all seen 'success' stories through shareware or non-traditional publishing, it doesn't mean that he is immune from prosecution from some 'IP ' lawyer (there are companies now that do this as their sole source of revenue)...he needs to innovate something new, patent it before publishing, then publish. Then his method of remuneration is irrelevant with regards to being sued...it's solely a function of how well he markets, and how necessary/good/needed his software is.

    2. Re:Yes! (No) by Anonymous Coward · · Score: 0

      But shareware usually is crap. It's the very low average quality of shareware that makes a lot of people shy away from open source, because both are free and, in the eyes of many people, that makes the two sufficiently comparable to extrapolate their experience with shareware to open source.

      And that sucks, because now they're missing out on the good stuff.

    3. Re:Yes! (No) by Quinthar · · Score: 3, Insightful

      I agree with this post, and I will add that being sued for patent infringement is a problem that you should be happy to have (in the same sense that your servers crashing from unexepctedly high demand is a happy problem).

      If you're being sued, hopefully this means you've actually created a product that was successful enough to get noticed. That's the hard part. Defending yourself from a patent suit, while expensive and shitty, isn't nearly as hard as creating a product that matters in the first place.

      -david

    4. Re:Yes! (No) by Anonymous Coward · · Score: 0

      All software is usually crap. The nature of the business is that you test the product by distributing it.

      If the automobile market worked this way, there would be no automobile market.

    5. Re:Yes! (No) by tomstdenis · · Score: 1

      Large corporations can [and get] sued just as easily as single person shops.

      I'm sure if IBM wanted to squash a 30 person "company" [even legitimately] it would be no harder than squashing a one person company.

      As for job security [or career security] um wake the fuck up. Even in a huge corporation [such as Bell, Nortel, Microsoft, IBM, etc...] "lay-offs" are always a looming threat when the C's want their pay hikes.

      At least if you work for yourself and get laid off you're the only person you can blame ;-)

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:Yes! (No) by mebob · · Score: 1

      thats pretty scary considering, the way the car industry is pushing to add more 'advanced' computers to future models. I've heard stories of high end cars having problems, image what could happen when they out 'test' software in econonomy cars.

      --
      =1000101
    7. Re:Yes! (No) by Montreal+Geek · · Score: 1
      "one man team"?

      You realize that's a contradiction of terms, right?

      Who knows, he might have multiple personality disorder*!

      -- MG

      * for purposes of this joke, we presume the existence of this pathology.

  10. Bittorrent by jerometremblay · · Score: 4, Interesting

    Take Bittorrent for example. Does anyone know if he actually lives of it or not?

    If that kind of success is not enough, I don't know what is.

    1. Re:Bittorrent by Anonymous Coward · · Score: 1, Informative

      from the site:

      "I maintain BitTorrent for a living. This is my only job."

      what's not clear?

    2. Re:Bittorrent by chris_mahan · · Score: 5, Insightful

      Probably not. But I bet his resume/cv will climb to the top with this:

      ==Skills==
      *Bittorent: Imagined, designed, coded, deployed, and now maintaining the Bittorent protocol and OS-independent Python client. 12 million users since 2003; 500,000 gigabytes of transfers per day on average.

      ==Objective==
      Build a world-class, industrial-grade extranet messaging and collaboration protocol for your company.

      ==Requirement==
      $180,000/yr, total combined annual work hours not to exceed 2300. Cost of living adjustment based on consumer index no later than April 1 of each year. Choice of location.

      I tell you, if this guy works for a company 4 years and costs them $1M, they will have gotten themselves a bargain. This guy is cheaper than an average team of 4.

      --

      "Piter, too, is dead."

    3. Re:Bittorrent by Anonymous Coward · · Score: 0

      Yes, Bram lives off the donations, and he is not living in a tiny apartment on shoe-string budget either.

    4. Re:Bittorrent by lo2p · · Score: 1, Informative

      The guy works for blizzard now... He's the one responsible for blizzards new way to distribute games throught bittorrent.

    5. Re:BitTorrent by JustNiz · · Score: 1

      but do you think he's made any serious money back from donations?

    6. Re:Bittorrent by Anonymous Coward · · Score: 0

      Bram (creator of BitTorrent) worked for Yahoo last time I spoke with him. And I'm sure he gets paid more b/c of BitTorrent. Someone said he worked for Blizzard now, but my friend at Yahoo claims Bram still works there.

    7. Re:Bittorrent by NotAnotherReboot · · Score: 2, Interesting

      [i]The guy works for blizzard now... He's the one responsible for blizzards new way to distribute games throught bittorrent.[/i]

      Uh, no. Blizzard [i]does[/i] use BitTorrent for releasing patches for the World of Warcraft beta among other things, but he most definitely does not work for them.

      He works for Valve Software...he's probably involved with Steam these days.

    8. Re:Bittorrent by Justus · · Score: 4, Informative

      Actually, that's Valve you're thinking of--you know, the company distributing games over Steam.

      Blizzard is the one using bittorrent to distribute its patches, and their implementation of it is exceedingly poor.

    9. Re:Bittorrent by NeoSkandranon · · Score: 0, Troll

      Network admin: Do we really want to hire the creator of a protocol capable of swamping our network with overhead and STILL not achieving speeds any faster than traditional data transfer methods?

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    10. Re:Bittorrent by Anonymous Coward · · Score: 0

      Average team of 4? Have you looked at his python code and protocol documentation for bittorrent? It's the biggest pile of shit I've ever seen. Not to mention the protocol isn't the most efficient it could have been.

      He was just lucky enough to use plain http which means all the lackeys could make fancy trackers and open source it which meant other people could make decent clients.

    11. Re:BitTorrent by Anonymous Coward · · Score: 0

      no, but he got enough attention to land a better job than yours.

    12. Re:Bittorrent by Quattro+Vezina · · Score: 1

      Network admin: Do we really want to hire the creator of a protocol capable of swamping our network with overhead and STILL not achieving speeds any faster than traditional data transfer methods?

      Except for one thing: BitTorrent is incredibly scalable. It's one of the few systems in which the data transfer capacity actually increases proportionally to the amount of users. A high-traffic torrent will never run out of bandwidth as long as traffic remains high. Compare that to a high-traffic FTP site, which may very will run out of bandwidth if the server doesn't have a powerful enough connection and the traffic doesn't go down.

      --
      I support the Center for Consumer Freedom
    13. Re:BitTorrent by Anonymous Coward · · Score: 0

      But think of how much he saved by not having to purchase any commercial software he wants.

    14. Re:Bittorrent by Anonymous Coward · · Score: 0

      Few? Most do. Gnutella, G2, eDonkey, Kad, Kazaa. All of these protocols scale with users, because all nodes that have a given file can and will be used in a swarm for downloading it. The ones that don't are more or less Napster clones. And no one uses them.

      BitTorrent is actually not very efficient, especially for trackers, which is why work is being done by the people behind suprnova to create a decentralized bittorrent-based protocol and proprietary client called eXeem.

    15. Re:Bittorrent by FlashBuster3000 · · Score: 1

      "He" was employed by Valve one year ago.
      Probably to get rid of the problems Steam has..

    16. Re:Bittorrent by FlashBuster3000 · · Score: 1

      And to stop this guessing, here is proof:
      http://tech-report.com/onearticle.x/6278

      Out of the blue, he heard from Gabe Newell, the managing director of Valve Software, based in nearby Bellevue, Wash. Valve is developing what gaming experts anticipate will be a blockbuster video game, Half-Life 2, but it is also creating an online distribution network that it calls Steam. Because of Mr. Cohen's expertise in just that area, Valve offered him a job. He moved to Seattle and started work in October.

    17. Re:Bittorrent by @madeus · · Score: 1

      Network admin: Do we really want to hire the creator of a protocol capable of swamping our network with overhead and STILL not achieving speeds any faster than traditional data transfer methods?

      Indeed.

      Bittorrent may save on bandwith for the person hosting the file, but it's very rarely faster. I download from FTP servers at 1Mbps-5Mbps on a regular basis. I rarely get anywhere near that from Torrents.

      They are quite good in an initial release, when everyone is struggling to get the same file (where under normal cirumstances the server hosting it would be /.'d), but very quickly afterwards (the next day or so) and hardly anyone one bothers to run it any more, so download for other users to a crawl.

    18. Re:BitTorrent by _iris · · Score: 1

      He was hired by Valve to integrate the technology into Steam. I'm sure he's not working for bread and water.

    19. Re:Bittorrent by btsdev · · Score: 1

      Take Bittorrent for example. Does anyone know if he actually lives of it or not?

      Down the block from me. Berkeley, CA.

    20. Re:Bittorrent by chris_mahan · · Score: 1

      Yeah, but he did it when no one else had.

      --

      "Piter, too, is dead."

    21. Re:Bittorrent by NeoSkandranon · · Score: 1

      Explain to me then why BT grinds my LAN to a halt, while at the same time reporting download speeds BARELY 10% of the network capacity (100mbit LAN btw)

      And, i'm not trolling. thats a serious question, it happens. When at gaming sessions we know when someone's bittorrenting because things start to grind, regardless of how much the person running BT is actually downloading

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    22. Re:Bittorrent by Jaeger- · · Score: 1

      You probably need to search google for the difference between a bit and a byte.

      I have achieved over 300 KB/sec (KiloBytes per second) downloads on my 3 Mbit (Megabits per second) DSL connection. For all intents due to TCP overhead etc, this is about the max I can download. I'm sure you are in the same boat and just don't know it.

      --
      E V E R Y T H I N G I W R I T E I S F A L S E
    23. Re:Bittorrent by chris_mahan · · Score: 1

      In addition, I would like to add that furthermore it does not matter if the code is not elegant, if it's a piece of caca, or if it's inneficient, because: it works.

      --

      "Piter, too, is dead."

  11. The Lone Coder is Dead. Long live the Consultant by chris_mahan · · Score: 4, Insightful

    Coding software to sell is dead, for all the reasons you mentioned.

    What's a coder to do?

    Code away on an open source project, gove away all your hard work.

    THEN...

    Offer your services as an implemetation and customization consultant for said open source software for businesses.

    Implementations are not fun, but pound for pound, you get serous cash. Especially if you wrote the software to begin with. You can charge the most.

    --

    "Piter, too, is dead."

  12. Yes. by Anonymous Coward · · Score: 1, Funny

    He worked himself to death.

  13. you're right and wrong by Mite51 · · Score: 2, Insightful

    You are probably safe as long as the money you make from your software is less than the legal costs to go after you. If you start making a lot of money and get a lot of attention then someone is likely to come after you, for a variety of reasons including patent infringement. Tho this is true for anyone that comes into a lot of money.

    1. Re:you're right and wrong by Craig+Ringer · · Score: 1

      It's not necessarily the money you make, however. It's the money you cost the other company. That may be a very different matter indeed.

      If you make software and sell it for $500 that does the same job as ${BIGCOMPANY}'s $100,000 software, it may not take long for them to come after you.

  14. Not if you're Jeff Minter by failrate · · Score: 5, Informative

    Llamasoft is still just one guy in his house. He has a support crew, but he's really only the one guy, and he's putting out a title for GameCube soon.

    So... no. That said, I know lots of other people that have two-three person teams that make a nice bit of cash here and there from coding.

    As long as your code is good, it doesn't crash, and my grandma can use it without resorting to profanity, you'll make a nice piece of money.

    Not alot, but maybe enough if you hire a good enough marketer.

    --
    Voodoo Girl is the bomb!
    1. Re:Not if you're Jeff Minter by DanielJH · · Score: 1

      But...I can't use MS Windows without resorting to profanity. Usally in just a few minutes.

      (Sorry, I couldn't resist.)

    2. Re:Not if you're Jeff Minter by Anonymous Coward · · Score: 0

      Of course, he works on games, which are one of the few remaining venues for which proprietary software is still the obvious king. Successful open-source games are nearly always clones(though if they're clones long enough they develop a life of their own - see Nethack). Original designs and content, however, can always find a market.

    3. Re:Not if you're Jeff Minter by Anonymous Coward · · Score: 0

      I still play Llamatron.

      Man, that guy can make some games.

    4. Re:Not if you're Jeff Minter by cliffski · · Score: 2, Interesting

      he isn't the only one. Check my sig, I write PC games on my own. granted its not full time, but this year it paid for a brand new car and a shiny Sony Laptop. Some of my games are on sale in WalMart.
      Big companies love to regurgitate this nonsense that you cant make it on your own. Its there way of dissuading there best guys from quitting to start up their own companies.
      As for the lawyer stuff. I've got by without once talking to a lawyer. I even do my own accounts now. Dealing with accountants and lawyers is a fast way to turn a profitable startup into a loss making one.

      --
      DRM-free indie games for the PC and Mac: Positech Games
  15. Economist article by grandmaster_spunk · · Score: 5, Informative

    The Economist has a timely opinion piece about the patent problem in their most recent issue.
    http://economist.com/opinion/displayStory.cfm?stor y_id=3376181"

    1. Re:Economist article by hunterx11 · · Score: 1
      What's this, now we're getting dupes in the comments, too?
      :)
      --
      English is easier said than done.
    2. Re:Economist article by sien · · Score: 1
      What's this, now we're getting dupes in the comments, too?

      :)

    3. Re:Economist article by smcdow · · Score: 1
      What's this, now we're getting dupes in the comments, too?

      :)

      --
      In the course of every project, it will become necessary to shoot the scientists and begin production.
    4. Re:Economist article by jnik · · Score: 1

      In Soviet Russia, dupes in the comments get you.

    5. Re:Economist article by sien · · Score: 1

      Imagine a beowulf cluster of dupe comments!

    6. Re:Economist article by Raffaello · · Score: 1

      1. Read complaint about Dupes in Slashdot Comments.
      2. Post Dupe complaint about Dupes in Slashdot Comments.
      3. ? ? ? ? ?
      4. Profit!

      Are we done with the Slashdot cliche comments yet?

      Oh, almost forgot:

      Dupe comments, Natalie Portman & hot grits!

      BTW, I for one welcome our new dupe comment overlords.

  16. Fuck the patents by Anonymous Coward · · Score: 0

    Write your software. Sell your software. Kill anyone that gets in your way.

    1. Re:Fuck the patents by Anonymous Coward · · Score: 0

      Your ideas are interesting to me and I would like to subscribe to your newsletter.

    2. Re:Fuck the patents by ScrewMaster · · Score: 0, Flamebait

      Yeah ... particularly if they have the letters "Esq." after their name. Seriously, when the Great Collapse of 2047 comes, and human civilization falls and we revert to barbarism ... who do you think will be first on the list? Doctors aren't particularly popular anymre, but we'll still need them, but there a number of groups of people that will be lunchmeat.

      "Hey you! What did you do before the Fall?"

      "I was a lawye...{thud}"

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Fuck the patents by Anonymous Coward · · Score: 0

      "I was a software developer."

      "Oh shit. You made those porn sites didn't you? I loved those! Here's some food!"

    4. Re:Fuck the patents by totipotentsoul · · Score: 1

      Yeah, cause we'll need lots of software engineers in an age of barbarism. I mean, then their usefulness will match their incredibly popularity.

      --
      The best posts are both flamebait and informative.
    5. Re:Fuck the patents by Waffle+Iron · · Score: 1
      Yeah, cause we'll need lots of software engineers in an age of barbarism

      In the post-apocalyptic age, the economy is going to be based mainly on bartering beef jerkey, jugs of gasoline, scrapped auto parts, cartons of cigarrets and boxes of ammo. Managing all those complex transactions and inventory without quality software tools would be overly burdensome to marauders who strive to excel. There will be a strong demand for IT professionals who can help streamline the economy of the dystopian future.

    6. Re:Fuck the patents by Anonymous Coward · · Score: 0

      Plus you'll need nerds to recover the lost databases of information that will save mankind!!!!

    7. Re:Fuck the patents by Anonymous Coward · · Score: 0

      LOL!

    8. Re:Fuck the patents by ScrewMaster · · Score: 1

      Flamebait, eh? I guess the mods never saw any of the Mad Max movies. Or maybe Yul Brynner's Ultimate Warrior. Either that or ... the mod is a lawyer.

      --
      The higher the technology, the sharper that two-edged sword.
  17. Not to worry... by Dustismo · · Score: 4, Interesting

    As long as your source is 'closed', you shouldn't have much to worry about. Cause how is anybody supposed to know that you used a patented algorithm in your code unless they reverse engineered it--which is illegal according to the DMCA. Go nuts.

    1. Re:Not to worry... by nuttyprofessor · · Score: 0

      This is a really good point. The problem of proving
      you actually used a particular algorithm in your closed
      source binary would be difficult (probably theoretically
      impossible, i.e., halting problem kind of thing).
      So the answer is to be a LONER and SECRETIVE!

    2. Re:Not to worry... by tpgp · · Score: 5, Informative

      As long as your source is 'closed', you shouldn't have much to worry about. Cause how is anybody supposed to know that you used a patented algorithm in your code unless they reverse engineered it--which is illegal according to the DMCA. Go nuts.

      Hmmmmn,

      1) Some algorithms are easy to spot - you don't need the code.
      2) Some patents cover business methods & possibly looknfeel.
      3) The DMCA does not make all reverse engineering illegal.

      I think patents are definitely a problem for all small software shops - closed or open.

      --
      My pics.
    3. Re:Not to worry... by douthat · · Score: 2, Insightful

      What if I used the 1-click shopping "algorithm" in my code? People wouldn't have to reverse engineer to determine that I've infringed on Amazon's patent.

      My point being that he may be building some software that infringes on someone's patent, but he doesn't realize it. If one didn't realize that Amazon patented 1-click shopping and included it in some software package, he would still be liable for damages, even though he didn't know about the patent.

      What he's asking can't be solved by security-through-obscurity .

      --
      She loves me: 09F911029D74E35BD84156C5635688C0 She loves me not: 09F911029D74E35BD84156C5635688BF ...
    4. Re:Not to worry... by bee-yotch · · Score: 5, Informative

      First of all, it's not usually the 'algorithm' that's patented, and that's the problem. Instead it's things like double clicking and other rediculous concepts. If it was an algorithm there wouldn't be a real problem with software patents as it's usually trivial to implement the same thing 1000 different ways.

      Second, according to the DMCA reverse engineering is NOT illegal. Breaking copy encryption is.

    5. Re:Not to worry... by Jaime2 · · Score: 1

      It's not the algorithms. The scariest patents are business methods patents. People patent stupid obvious stuff like e-commerce(http://www.chillingeffects.org/ecom/) and then say you stole the idea from them.

    6. Re:Not to worry... by Anonymous Coward · · Score: 0

      No, I think it only applies to circumventing protection.

    7. Re:Not to worry... by AndroidCat · · Score: 1
      They send the software to their team in India for reverse-engineering. They bring the results back to the US where the idiot patent is valid.

      Or they secretly reverse-engineer, and then pull a lawyerly trick like "It seems to use our method, please produce the source code in court to prove it doesn't."

      --
      One line blog. I hear that they're called Twitters now.
    8. Re:Not to worry... by Anonymous Coward · · Score: 0

      Algorithms are (generally) abstract, and as a result cannot be patented.

    9. Re:Not to worry... by Anonymous Coward · · Score: 0

      First of all, it's not usually the 'algorithm' that's patented, and that's the problem. Instead it's things like double clicking and other rediculous concepts.

      like spell checkers... oh wait.

    10. Re:Not to worry... by deblau · · Score: 1

      Actually, some of the essential algorithms used to implement MPEG-4 are patented. If you release a codec without paying license fees, they've got you by the short and curlies, no reverse engineering required.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    11. Re:Not to worry... by punky · · Score: 1

      Um, it's even easier than that -- enter "discovery," which is the procedure by which (once litigation has started) a patent litigant can demand every piece of evidence to demonstrate an infringing method / apparatus / etc. from the other side. Source code, internal memos, design spec's -- it's all discoverable except the very narrow range of attorney-client privileged documents.

    12. Re:Not to worry... by Flyboy+Connor · · Score: 1

      Actually, it is even worse. You can patent an idea for a "solution" without actually knowing how to implement it. For instance (to quote a Friends episode), you can attempt to patent "selling icecream over the Internet". The problem, the fact that icecream melts, is not solved. However, as soon as someone solves that problem and starts a viable business of selling icecream over the Internet, the patent holder can jump in with his claims. So the patent holder did nothing more than identify a problem and lay claims to any solution to that problem.

    13. Re:Not to worry... by o'reor · · Score: 1
      Or they secretly reverse-engineer, and then pull a lawyerly trick like "It seems to use our method, please produce the source code in court to prove it doesn't."

      Which can lead to incredibly successful lawsuits and lots of money pouring in. Just ask SCO.
      Oh, wait...

      --
      In Soviet Russia, our new overlords are belong to all your base.
  18. Before/After by Japong · · Score: 1

    It used to be in the old days, if you were on your own a larger company would simply come along and acquire your program, costs them a couple hundred thousand dollars and they get a program out of it.

    Now they just sue the shit out of you, doesn't matter if there's any justification to it, legal fees and time spent in court alone can screw you. Costs them a couple hundred thousand dollars of lawyer fees, and you get bankruptcy out of it.

  19. the lone coder is dead... by cerebralsugar · · Score: 0

    netcraft confirms it

    --
    Easy guys, I put my pants on one leg at a time. The difference is after I put on my pants I make gold records!
  20. Secretly release suspect code with a BSD license by Anonymous Coward · · Score: 0

    Incorporate the code freely into your software. If someone sues, claim you had no idea :)

    Ok, that might not work. As an alternative, sell the software. if someone sues, pretend someone stole all of your source code and release everything to the public. There are probably dozens of Slashdotters that would be happy to infringe...er, I mean use the code to tweak lawyers' noses.

  21. Don't search for possible infringement by Anonymous Coward · · Score: 4, Insightful

    As I understand it, if you run across a 'possible' infringement and decide to go ahead and then some court deems that it is an infringement, then you knowingly have perpetrated the deed, and the penalty is greater than just simply going ahead and writing the code and letting the chips fall where they may. At that point you won't have knowingly infringed.

    Oh yes and sell out to the big boys, get that indemnification and let them worry about the suit.

    1. Re:Don't search for possible infringement by Panaflex · · Score: 1

      I can back this up. From my experience, when a patent violation occured the usual result was simply a notice of possible violation, reciprocated by a change.

      If someone was blatently violating a patent then I suspect the laywer people would get into action.

      Pan

      --
      I said no... but I missed and it came out yes.
    2. Re:Don't search for possible infringement by Ungrounded+Lightning · · Score: 1

      As I understand it, if you run across a 'possible' infringement and decide to go ahead and then some court deems that it is an infringement, then you knowingly have perpetrated the deed, and the penalty is greater than just simply going ahead and writing the code and letting the chips fall where they may.

      That's about what our patent attorneys told me, too. (I was doing hardware at the time, but the advice should apply to software as well.)

      Also: If you read a lot of patents (that aren't yet expired) you risk unconsciously learning something and incorporating it later.

      So our attorneys advised us not to read other patents in the field.

      Single exception: When we WERE sued (Nortel going insolvent and trying to turn their SONET patents into a revenue stream to bail out the lifeboat), THEN we looked at the patents - so we could tell the lawyers whether / how we WEREN'T violating them. This puts them in a better bargaining position:

      - If no infringement, no pay. Maybe cross-license for the future while we're still in the same room if we have anything they want.
      - If some infringement, pay a small license fee and cross-license. Fee will be 'WAY smaller than if you fight and lose - and either way it will be smaller than if you had read the patents in advance.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  22. Short answer: naah, you can still do it by boutell · · Score: 1

    I'm still doing it, although I don't get to make entirely new programs as often as I'd like these days. Certain areas of work, particularly video and audio, involve more patent licensing issues than others. Even in those cases, though, it's a matter of having some negotiating savvy when and if it becomes an issue.

    --
    Check out the Apostrophe open-source CMS: http://www.apostrophenow.com/
  23. IP is a small threat relative to anything else by Anonymous Coward · · Score: 0

    You're right that a one-man software company is extremely difficult, but that's because most of the low-hanging fruit that one person can accomplish is done.

    Among issues for very small software companies, things like idea conception, competition with larger products and companies, and distribution are a hundred times more important. IP infringement is near the bottom of the list.

  24. Spiderweb software, and others... by Richard · · Score: 5, Informative

    Spiderweb software is a 10-year old gaming company that only has one coder (President Jeff Vogel).

    See http://www.spiderwebsoftware.com/.

    Thomas Warfield, author of Pretty Good Solitaire, Pretty Good Majongg, etc., is also a Lone Coder.

    See http://www.asharewarelife.com/.

    See generally discussion on "micro-isvs" at http://www.microisv.com/.

    --
    -Richard
  25. Yes by Spyky · · Score: 4, Insightful

    But just because software has grown so large (and the computing power needed to run simple applications has increased at the same pace). For most applications, it's simply not possible to have a single person write it from start to finish. If they did, the software would be 5 years out of date when they finished.

    It's the same as any other mature industry. A single person can't really build a car from scratch either. At least not one that has any hope of competing with the product of a large design team.

    I mean I don't like software patents anymore than most people on Slashdot, but your argument doesn't appeal to me.

    -Spyky

    1. Re:Yes by Frennzy · · Score: 3, Interesting

      Individuals CAN build a car...or a motorcycle...or just about anything else...and sell it for a premium to those who appreciate it. Software is a bit different...because it has no 'sex appeal'.

    2. Re:Yes by Bombcar · · Score: 1

      What about Slackware? That's a one man job. A single coder can still to quite a bit in the modern computing industry, especially if he builds on available tools.

    3. Re:Yes by bofkentucky · · Score: 1

      You figure out how to write a (semi-)realistic virtual environment (Doom3/HL2 engine?) and design a proper "Human Interface Device" and you have a software/hardware solution that is patentable and has sex appeal.

      --
      09f911029d74e35bd84156c5635688c0
    4. Re:Yes by Anonymous Coward · · Score: 0

      This Anonymous Coward just proved you wrong.

    5. Re:Yes by Lucas+Membrane · · Score: 1

      You got it. Back around 1920 there were 300 automakers in Indiana alone. Now there are just as many lone coders heading the same way. Featuritis is a real killer. You can't hardly just write a good app anymore. It's got to run on umpteen incompatible versions of the OS, import and export every conceiable data format, run as a service, call home for updates, show a professional video to teach fools how to run it, look good with over 100 possible combinations screen and font size, have a secure free demo, be both extremely innovative while conforming to standards 100%, be web enabled, etc, etc.

    6. Re:Yes by RalphSlate · · Score: 1

      But is this good thing?

      It seems that globalization is an attempt by business to advance this very same ball, making it harder and harder for the little guy to compete. The barriers of entry are raised so high that the leaders can do what they want without fear.

      100 years ago anyone could set up a local shop doing just about anything. Local industry thrived. Now, can you start a grocery store? How about a department store? No way -- you'll be killed by the big boys within months.

      Most industries are considered "mature", as you say. Mature is another word for "no one can enter".

      Take "cheap Asian labor" as an example. Imagine if you or I could come up with an idea, then farm it out to China and have it made for pennies? We could compete with the big boys.

      But it doesn't work that way. There are laws, there is a lot of structure, things that big companies can navigate through but which stop little guys at the gate.

      By right, you or I should be able to benefit from "outsourcing" and "globalization". But reality is, those things have made it harder for you or I to enter the marketplace.

    7. Re:Yes by aquabat · · Score: 1

      Software is a bit different...because it has no 'sex appeal'



      To paraphrase a certain famous coder who worked for Id Software, when asked why he coded a linux client for Quake:


      "Linux makes me hard."

      --
      A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
  26. Tropics anyone?? by Magickcat · · Score: 1

    I think we nerds need to get ourselves an uninhabited island in the tropics and set up a government with no copyright laws whatsoever.

    --

    Si tacuisses philosophus mansisses. If you had kept quiet, you would have remained a philosopher.

    1. Re:Tropics anyone?? by Anonymous Coward · · Score: 0

      GREAT IDEAAAAAAAAA !! :D :D :D lol
      Yup, let's take an island for us nerds !

    2. Re:Tropics anyone?? by Anonymous Coward · · Score: 0

      Sort of like a reverse of the Amazons... An island inhabited entirely by men, and they are all terrible warriors :-)

    3. Re:Tropics anyone?? by Anonymous Coward · · Score: 0

      And they have two breasts.

    4. Re:Tropics anyone?? by Verteiron · · Score: 1

      Wouldn't work unless said island was big enough to support food crops for us all, because every nation in the world with food to spare would put some kind of trade embargo on us until we adopted similar patent and copyright laws.

      Even if we could be self-supporting, an island full of self-supporting smart people using large amounts of electricity (hope that island is volcanic for the geothermal power) would surely draw members of every intelligence agency in the world... shortly after which we'd be bombed into oblivion for supporting terrorism via patent infringement.

      --
      End of lesson. You may press the button.
    5. Re:Tropics anyone?? by -Harlequin- · · Score: 1

      Yeah but... that was what the USA was. Why would our space in the tropics not end up the same way?

      The lack of copyrights kickstarts a powerful culture of creativity, which is then sold the rest of the world for mega$$$. People used of a mega$$$ standard of living rapidly come to see the creative output being sold, as a product that only they should be able to control and profit from, and the next thing you know, that view is the law of the land and it's a criminal offense to tell your kids bedtime stories about your made-up adventures of their favourite characters, Luke Skywalker and Artoo, because they don't own their culture.

      What is stopping us regressing into a banana republic the same way the USA has?

    6. Re:Tropics anyone?? by cooley · · Score: 1

      Um wait a minute on second thought it's not so cool

      --
      Just then the floating disembodied head of Colonel Sanders started yelling Everything You Know Is Wrong!-Weird Al
    7. Re:Tropics anyone?? by Magickcat · · Score: 1

      Well, we could actually educate our Nerd Utopia citizens instead of indoctrinating them - that might work. Maybe set a high rate of educational content mandatory on television, and sponsor programs that encorage literacy and education instead of watching pointless and socially destructive television shows that pointlessly waste people's lives away.

      I imagine that a good education system in this utopia would be a good first step - certainly, it wouldn't be hard to teach education compared to the froth currently distributed at universities and schools. We could also allow people to progress in their school levels by ability, and not by merely a yearly progression en masse.

      America was a great social experiment, but in this modern age, it needs a revision, and it's unlikely to happen any time soon.

      --

      Si tacuisses philosophus mansisses. If you had kept quiet, you would have remained a philosopher.

  27. Living Proof Speaks Out by Foofoobar · · Score: 1

    Yep. I'm proof. I'm in the process of developing a company myself. As a web developer/designer/database developer/sys admin, I've got a nice enough set of skils to be able to cover all the bases for a web driven business.

    Not that I'm a REAL coder doing C++ or anything but I still believe that it only takes a little of each skill to get the job started and halfway through you will be a pro at al of them. :)

    --
    This is my sig. There are many like it but this one is mine.
    1. Re:Living Proof Speaks Out by Anonymous Coward · · Score: 0

      It seems that web developers are the only ones that still can do without a team. I am a PHP, JavaScript and Actionscript coder and I'm getting a pretty decent life.

      And I live in Brazil, South America. If I could make USD3,000/mo like someone said in a previous comment, that would be amazing!

    2. Re:Living Proof Speaks Out by flacco · · Score: 2, Interesting
      Yep. I'm proof. I'm in the process of developing a company myself. As a web developer/designer/database developer/sys admin, I've got a nice enough set of skils to be able to cover all the bases for a web driven business.

      that pretty much describes me - in fact i'm going to give this model a try myself.

      i have to say though - get back to us after your company has survived a year or two after you've burned through your seed capital.

      --
      pr0n - keeping monitor glass spotless since 1981.
    3. Re:Living Proof Speaks Out by Foofoobar · · Score: 1

      Heh. Actually, I've managed to figure out that the company with one employee (me) can survive indefinitely with a limited budget of $300/month.

      I've cut nearly every cost and automated nearly everything I can so I can work my regular job and do this in my spare time until it gets firmly off the ground.

      --
      This is my sig. There are many like it but this one is mine.
  28. Dada Mail and Myself by skazatmebaby · · Score: 3, Interesting

    Well, I've been working on Dada Mail (formely Mojo) since I started college (graduated last summer)

    It's basically fed me for the past three years now; I work on it primarily alone - it's also open source, I make money on a "Pro" distribution, selling an advanced downloadable manual, installation and consultation services.

    Very incredibly low overhead for me to run the "shop", and it's still somewhat fun to do.

    Oh and I graduated in art - no CS (or math, sans an accounting class) background.

    --

    Dada Mail - Program, Art Project or Absurdity?

  29. Pay up buddy by Anonymous Coward · · Score: 0


    I recently received a patent on making a mountain out of a molehill. You owe me $57,310.

    Wrap your mind around that ladies and gentlemen!

  30. Why should we comfort you... by Realistic_Dragon · · Score: 2, Funny

    ...when you can write some software to do it automatically?

    --
    Beep beep.
    1. Re:Why should we comfort you... by Frennzy · · Score: 1

      This is the first time I've ever asked for this, but somebody needs to mod the parent funny. C'mon...that's classic slashdot mentality!

  31. Even if it's good by mekanizer · · Score: 1

    The thing is, if you make something easy and good, the free software community(ex:sourceforge) will do it better and for free.

    1. Re:Even if it's good by Anonymous Coward · · Score: 0

      Thankfully, they'll also do it half-ass. Unfortunately, that's often good enough for most of your customer base.

  32. Jobs by Anonymous Coward · · Score: 0

    Steve Jobs invented the lone coder.

  33. YOU FAIL IT! by Anonymous Coward · · Score: 0

    Oh, that was mighty, mighty brave, but YOU FAIL IT, sir.

    1. Re:YOU FAIL IT! by Anonymous Coward · · Score: 0

      At least my anus isn't bleeding like yours!

  34. College Profs by Rinisari · · Score: 1

    A lot of college profs own one-man shops. Every now and then they'll offer jobs to outstanding students for a summer. It's a great way to get into the business.

    1. Re:College Profs by harvey+the+nerd · · Score: 1

      They are not REALLY one man shops are they? Les' see - free advertising, lowest cost access to university's patent portfolio, sometimes room and board, cashflow (job), undreamed HR (get to see and work with potential hires without risk), and often financial sponsership. Great for a "one man shop" just starting out. Oh, yes. The consulting fees can be pretty good too. Not exactly your grandfather's poor but noble prof anymore.

  35. Not the only dead one by rbanffy · · Score: 1

    So, you wanted to read it...

    The lone coder writing clever business or home software is no more. If you dream about developing the next Visicalc, alone or in a small team, forget it. Unless you have a very bright idea nobody had before (and patented) and won't have in a year, you will not be able to compete with anyone bigger than you - if you are really lucky, they may buy your company and ideas. We are talking about competing with gigabuck companies that buy politicians and courts. Be happy if they can't hire someone to get rid of you on a more permanent basis. ;-)

    I was talking to a friend these days how impossible it is for a small outfit to make a game these days. Unless your game runs on cell-phones, you are talking big money.

    1. Re:Not the only dead one by -Harlequin- · · Score: 1

      Games take big money if you are talking a high-level or cutting edge game, but I know some people that make a small living from simple games with limited graphics. Probably pretty similar to the Cell-phone games you mention :)

      It's not an income to envy, but if you're doing what you love, sometimes that counts for more than a nice paycheck.

    2. Re:Not the only dead one by Bombcar · · Score: 1

      Yes. You might not be able to build Doom 3 by yourself, but a small group of people wrote Serious Sam. So it is still doable; check out some of the software on the Mac side of things. Many of the Shareware games, utilities, and programs are written by individuals.

  36. Dead? Yes! Shot by the Lone Gunman by Anonymous Coward · · Score: 1, Funny

    The Lone Coder is indeed dead, shot by the Lone Gunman. Only later was it revealed that the gunman was also a patent attorney for Microsoft.

  37. Re:The Lone Coder is Dead. Long live the Consultan by Donoho · · Score: 1

    I'm a Lone Coder and I'm Dead Inside.

    The lone coder died of neglect because (s)he wasn't appreciated, encouraged, kept trained, kept excited. The lone coder, drunk on his/her own absolute power over the life, death, and shape of his/her projects failed to see that no one was even paying attention and that once the hard work was done, there would be no one to really see what went into what (s)he build because by the nature of a good project the final product makes the process looks effortless.

    I'm a Lone Coder and I'm Dead Inside.

    Offer your services as an implemetation and customization consultant for said open source software for businesses.

    Viva Open Source and the paradigm it brings.

  38. You are not wrong by klingens · · Score: 2, Informative
    Sorry for the bad news, but the reality is that, in the US, you are screwed as the "little guy" doing commercial programming (and Free programming too).

    This is why in Europe both, the free software community and the small and middle sized corporations are all fighting hard to prevent software patents: http://kwiki.ffii.org/SwpatcninoEn
    The Linus defense http://uk.builder.com/manage/work/0,39026594,20276 078,00.htm of not researching what patents you might infringe will help you a bit by possibly avoiding punitive damages when/if you get sued, since you can claim not to have infringed willfully on a patent. But it won't decrease your lawyer bills for defending yourself in the slightest and neither will it decrease the future licensing costs. So if you are stepping on any big corporation's toes or are in the same business as another, failing company (*cough*SCO*cough*), it is highly likely you might get sued successfully for infringement

  39. Re:The Lone Coder is Dead. Long live the Consultan by kinema · · Score: 4, Insightful

    What about writing open source software on contract? This is how companies like Namesys (ReiserFS) exist. Reiser4 development was paid for by DARPA, SuSE and Lindows.

  40. Move to a civilized country by Anonymous Coward · · Score: 0

    where there are no software patents. then you can write whatever software you want, and be paid, and never have to worry about the FCC regulating you, the DCMA wiping you out or the FBI investigating you.

    this doesnt mean that the usa is excluded from your sphere of access. see Skype.

    1. Re:Move to a civilized country by yuri+benjamin · · Score: 1

      Any country that wants any access to US markets will cave in to US requirements. I live in New Zealand. Our nearest neighbour, Australia, has managed to score better trade terms with the US than NZ by bending over to US demands. Our government will probably follow suit so NZ can have some of the same trade access to US markets. EU is going the same way. You wanna move to China or India? India might not be so bad. At least all the educated people speak english there.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
    2. Re:Move to a civilized country by guet · · Score: 2, Insightful

      EU is going the same way.

      Err, no, with Bush in power, it's probably headed in the other direction, toward direct confrontation.

      Hear about the ongoing steel tariffs war?
      Microsoft fined for monopolist behaviour?
      GM Crops?

    3. Re:Move to a civilized country by yuri+benjamin · · Score: 1

      Err, no, with Bush in power, it's probably headed in the other direction

      Yay! Does this mean Europe won't adopt stupid software patent laws? If so, I'm moving back to Europe! (I'm still a dutch citizen).

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  41. Regarding Patents... by mitchell_pgh · · Score: 1

    Ultimately it all comes down to high quality code, great GUI and your being protected by a company. Yes, you are almost sure to stumble over a patent with the current paten monsters out there... but don't let that stand in your way. The trick is to make your money by selling great code... and when the large companies come to sue... just close your doors and walk away. Writing code by dodging patents isn't the way to do it.

  42. Not dead at all... by borgheron · · Score: 1

    Some of the commercial off the shelf products I've used on certain contracts have been from one man shops.

    Not dead by a long shot.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  43. You don't want to read patents by Anthracene · · Score: 1

    Some IANAL-ing, but from apparently reputable sources:

    Looking through patents to see if you might be infringing is generally a really, really bad idea. If you infringe a patent you may be liable for damages, but if the patent holder can show that you knowingly infringed the patent, you're on the hook for treble (lawyer speak for triple) damages. A friend of mine who's a developer at a big software company got in trouble for looking up a patent for just this reason.

    Maybe if there were a reasonably small number of patents of limited scope it would make sense to look through them and try to steer clear of infringment, but given the number and scope of patents that have been granted, it's almost impossible to avoid infringing on something. Therefore, the accepted strategy (even for big companies that could afford to have a team looking at patents) seems to be to avoid looking at patents so as to avoid taking on further liability.

    If it's any consolation, a lone developer's pockets are shallow enough that it's probably pretty unlikely that anyone's going to bother with a patent lawsuit. Probably a good idea to incorporate, though, so in the rare event of a lawsuit the worst that happens is the company goes bankrupt; otherwise your personal assets are at risk.

    1. Re:You don't want to read patents by Frennzy · · Score: 1

      IANAL either, but one thing I remember from civics class is that 'ignorance is no excuse'

      I'm not saying it's "right", but I doubt you could justify your point in a court of law by saying "I didn't know!"

      It's a pretty flimsy foundation to base any money/hundreds of hours of work on...

    2. Re:You don't want to read patents by chris_mahan · · Score: 1

      It's the least costly alternative, and therefore the most cost-effective. The safer alternative is to do nothing, but that's really lousy in the ROI dept.

      --

      "Piter, too, is dead."

    3. Re:You don't want to read patents by Bombcar · · Score: 1

      No, but is the way to go. The only time you should be investigating patents is when you want to apply for your own.

      If you infringe unknowingly, the worst punishment they can level is damages, i.e., all the money you made.

      If they can show you investigated the patents (i.e., you knew about the patent), then you will get hit with damages that are three times what you earned.

    4. Re:You don't want to read patents by Anthracene · · Score: 1

      Ignorance of the law is no excuse. But ignorance of information about another party in a civil matter is a (partial) excuse.

      And the situation that we have with software now is that there are so many patents out there that it essentially impossible to write any meaningful program without potentially infringing on at least a few of them.

      So you either decide to play it safe, avoid any possible infrigement and never write any code, or you accept that you're probably going to infringe on something and you avoid exposing yourself to three times the liability (not to mention the hassle and expense of reading patents) by remaining ignorant of what has been patented.

    5. Re:You don't want to read patents by Frennzy · · Score: 1

      Good points (you and the other two replies).

      Again, like I said, IANAL...and I honestly didn't think about it like that.

      Sad times. Sad times. :(

  44. Re:The Lone Coder is Dead. Long live the Consultan by Anonymous Coward · · Score: 1, Insightful

    Forget it. Cash is king when you're on your own, and the last thing any prudent developer should be doing is pouring energy into a labor of love while speculating that eventually there will be a some kind of services revenue stream for your so-called free product.

    If your software is so good, why does your customer need to spend serious cash for your services?

    You're better off consulting on behalf of serious customers respond to your ability to solve their problems. If there is opportunity to productize your work along the way, so be it.

    If you don't plan to make money, the market will see to it that you don't.

  45. He's not dead yet by SlayerofGods · · Score: 1
    --

    Technology, the cause of and solution to all of life's problems.
  46. Vanuatu by comwiz56 · · Score: 1

    If I remember correctly, this is a common place for (IP) pirates to hang out. I believe the FastTrack servers are stored here.

  47. You don't have to worry by Prien715 · · Score: 1

    IANAL..but

    If you recall Linus's opinion on patents, he encouraged people not to read them. Why? The reason for a patent's existence is to grant a limited monopoly in exchange for publicizing the secret. If you discover the methedology of a patent independently (and without knowledge of the patent), then the patent doesn't apply to you and you can't be sued.

    Doesn't mean they won't try to take you to court. But that's why the EFF exists. Have you made your donation?

    --
    -- Political fascism requires a Fuhrer.
    1. Re:You don't have to worry by Edmund+Blackadder · · Score: 1

      Ok I have to say this the parent is WRONG.

      I don't mean to hurt your feelings, mr. Prien, but I just want to make sure nobody follows your advice, because they can get in trouble. You are liable for infringement regardless of whether you were aware of the patent or came up with the invantion on your own.

      However, the ammount of money that you need to pay may depend on whether you knew about the patent.

    2. Re:You don't have to worry by Anonymous Coward · · Score: 0

      Innocence via ignorance? I don't think it'll hold up. Believe me, I wish to hell that it would -- but in this fascist country, I'm doubting it

      What we need are some OSS Gurus out there patenting the shit out of every little spine tingle. Then making the portfolio free to all -- as in Freedom, anyway! Open Source Gold. The GPL. Probably already exists, but its not working... You say Microsoft has an unlimited ammount of money and they can throw millions at developing new technology? Well, we have an unlimited ammount as well, when our services are free -- and we stay up late at nights, none of the 8am - 4pm Bullshit! We could do it... but, Half-Life 2 is out now and I am a little busy kicking some ass!

      Heh

    3. Re:You don't have to worry by Anonymous Coward · · Score: 0

      As others have kindly pointed out your wrong. But you are wrong for another reason. Patents are a AWSOME source of ideas.

      Yes you read that right you can get decent ideas from expired patents. You are even ALLOWED to copy it. Pretty cool huh?

      It even protects you fairly well. As if someone sues for a newer patent you can say 'I was just using patent blah blah blah'. Not only would they shut up you could have a bit of fun and have theirs thrown out...

      Many things from before 1984 are expired. There are some REALLY interesting things there. We are at least up to some interesting things in comp sci...

    4. Re:You don't have to worry by Anonymous Coward · · Score: 0

      The GPL is not 'free.'

  48. Who's going to sue you by grahamsz · · Score: 1

    If you are a small software shop with an employee or two then you are an unlikely litigation target for any broad reaching patent, since the holder is far more likely to go after someone with real money.

    The flipside is that if you do become sufficiently successful then you may have to spend some of that to fight them in court.

    If you establish a corporation of some kind to do your work as, then you should be able to protect your personal assets from any litigation.

    1. Re:Who's going to sue you by Genda · · Score: 3, Funny

      Obviously the goliaths of the world would never bother to resort to the rediculous slash and burn practices you're talking about...

      Why that would be like billion dollars music corporations suing 12 year olds for listening to bootleg music...

      What an irrational, ridiculous, and fuitless waste of time and legal process that would be, eh?

      -- Genda

    2. Re:Who's going to sue you by Sancho · · Score: 2, Informative

      Stop the FUD, no one's been sued for "listening to bootleg music". Everyone who was sued was found because they were DISTRIBUTING bootleg music. Big difference.

      And they didn't sue a 12 year old child, either. The ISP account wasn't in the kid's name, it was in the parent's name. If the parent isn't monitoring the kids, they deserve what they get.

    3. Re:Who's going to sue you by smchris · · Score: 1


      Or telling that mom-N-pop day care that they can't have a Mickey Mouse wall painting.

    4. Re:Who's going to sue you by LiquidCoooled · · Score: 1

      Most people who use p2p do so from their homes.
      Theres only a small portion of the community that could upload enough files to warrant the hefty fines imposed.
      Just because a person is caught with 900 gig of music shared on kazaa does not mean its been uploaded thousands of times.
      I could share many terrabytes of data, but it would take years to upload it all to extremely determined people.
      The RIAA don't seem to take this into consideration, and definately in the media its portrayed as (shared folder listing=file contents given to all those people).

      (ill stop ranting now :$)

      --
      liqbase :: faster than paper
    5. Re:Who's going to sue you by Anonymous Coward · · Score: 0

      Your point about creating a corporation, such as a LLC, is a good one. In this environment it's just plain stupid not to incorporate, even if you're giving your product away for free.

      However, being a one man low revenue LLC doesn't mean you're an undesirable litigation target. Some jackass with a dubious patent will start by suing small shops that don't have the resources to mount strong legal defenses. That way, when he goes after the guys with the real money he has a history of settlements in his favor to point to, and therefore the big guys are more likely to give him a payout just to shut up.

    6. Re:Who's going to sue you by Sancho · · Score: 1

      Yup. It's impossible to know how many times a given file has been uploaded. To make things more difficult, you might only upload small snippets of the file. Copyright law takes this into consideration and says that it assumes you have uploaded it if you share it. Otherwise we could all cry ignorance and share with impunity.

  49. No, the Lone Coder is not dead by kompiluj · · Score: 2, Informative

    He just has to buy the relevant patents.

    --
    You can defy gravity... for a short time
    1. Re:No, the Lone Coder is not dead by back_pages · · Score: 1
      He just has to buy the relevant patents.

      That's hilarious. If someone sells you a diamond for a nickel, you're probably getting what you paid for. If someone AUCTIONS that diamond and you're the highest bidder, you're probably getting what you paid for but consoled by the fact that other morons envy what you got.

      A patent is a license to sue. Selling a license to sue is a pretty good indication of how strong the current owners think that license is...

  50. Simple... by grilo · · Score: 1

    Make it Open Source, and license it under the Free Software Foundation. They'll make the case for you.

    You can still sell it. Simply send the source to someone who buys it.

  51. The situation's simultanously better and worse... by John_Booty · · Score: 5, Insightful

    1. Well, "lone coders" can't afford the legal work of performing patent searches. This is true. But you know what? I think small or even medium-sized corporations probably can't afford it either.

    2. Even if you ARE clear of existing patents, what if a big company decides to fight you in court? Again, a small or medium-sized company could never afford to fight this.

    3. Then again, it's not always in some big company's interest to shut you down or sue you out of existance. Often they probably just want a chunk of your profits. (and a chunk of zero is still zero, so they don't make money if you fold, either)

    What a fucking country.

    --

    OtakuBooty.com: Smart, funny, sexy nerds.
  52. Re:The Lone Coder is Dead. Long live the Consultan by richcoder · · Score: 2, Interesting

    What about those of us that wish to retain control over the content we create?

    In these days you just have to hope that your product is successful, but not so successful that some big business entity decides to shut you down based on some bogus patent.

    I used to work for a company that has a patent on the visual representation of latency between to remote connections. Just think of all of the software that is out there that are "violating" these one patent.

    Ugg. Just gets me boiling thinking about it. Most great software started out from small unknown groups or even individuals. 1-2-3 spreadsheat, Mosaic web browser, etc. All big companies have to do today is sit back and wait for someone to create something novel and pounce on them once their idea is proven successful.

  53. Three words: Work For Hire by NotQuiteReal · · Score: 1
    This is not quite the same as "for yourself", but it can still work.

    The downside is you need to find a client, and you need to do what THEY want.

    The upside is that you still work for yourself, set your own hours, work from home, etc.

    As far as Patents and stuff, make sure your contract indemnifies you - after all the stuff belongs to your client.

    Some enlightened clients might even pay you to write open source software that fits their needs.

    One or more of the above sentences applies to me, so I know lone programmers can make a living, being, well, almost lone programmers.

    --
    This issue is a bit more complicated than you think.
  54. Yes. by Anonymous Coward · · Score: 1, Interesting

    Yes. I'm a lone coder and I make enough to support myself. I did it by becoming part of an open source community and (presumably) becoming respected enough that people are now willing to hire me to do work based on the assumed merit of my prior work. I don't sell any software, I just sell my time.

    I think the "guy selling boxes of software from his basement" model might be a bit harder. You need marketing. Open source gives you marketing in a grassroots kind of way, as long as you're reasonably competent and contribute regularly. Somebody selling software needs a different marketing tact, either by spending a lot of money on advertising or by choosing a field so narrow that you're the only guy on the block (and even then you need to be reasonably competent).

  55. BitTorrent by _iris · · Score: 1

    Bram Cohen's BitTorrent should give you some hope.

  56. Count me as a fellow Lone Coder by turnstyle · · Score: 5, Insightful
    I'm a fellow lone coder.

    It's not easy -- you have to stoop to doing stuff like adding gratuitous links to your Slashdot posts.

    This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:Count me as a fellow Lone Coder by dnoyeb · · Score: 1

      The only part I disagree with is putting the GPL in the same sentence as P2P. Yes they can both make it harder to "sell" software, but for completely different reasons.

    2. Re:Count me as a fellow Lone Coder by flacco · · Score: 0, Offtopic
      I'm a fellow lone coder. It's not easy -- you have to stoop to doing stuff like adding gratuitous links to your Slashdot posts. This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

      ----
      Here's what I do: Andromeda [turnstyle.com] MP3 Juke/Server for PHP or ASP

      oh yeah, i dimly remember andromeda. i threw it out when i realized that it purposely wouldn't work if i modified the php. and i replaced it with a GPL competitor.

      --
      pr0n - keeping monitor glass spotless since 1981.
    3. Re:Count me as a fellow Lone Coder by turnstyle · · Score: 3, Insightful
      "oh yeah, i dimly remember andromeda. i threw it out when i realized that it purposely wouldn't work if i modified the php. and i replaced it with a GPL competitor."

      This reply to my post (just above it) perfectly demonstrates what it can be like.

      So here I am, trying to pay my own way -- and the response isn't "no thanks, it's not for me" -- it's this weird and totally unnecessary hostility.

      I'm used to it, and I know that people like this don't generally contribute much (GPL or otherwise), but for a new coder getting started, people like this can be a big bummer.

      --
      Here's what I do: Bitty Browser & Andromeda
    4. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 3, Insightful

      This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

      I agree with you completely on the GPL. From the perspective of anyone who depends on writing software to make a living, it is an especially obnoxious proprietary license. It differs from typical proprietary licenses only in that the "proprietor" hires anybody who wants to work for it, pays them absolutely nothing, dumps all its products on the market for free, and will refuse to sell you a license no matter how much you offer. Add to that the growing sentiment I hear often of "it's not GPL so I'm not gonna use it", and competing with the GPL is like competing with Microsoft.

    5. Re:Count me as a fellow Lone Coder by Saeger · · Score: 1
      Maybe you could refute his claims instead of just being pissed about the attitude.

      Does your code break easily when modified? Closed or open that's a turnoff and you'd get the same hostility except it'd be more along the lines of "I replaced with another 'product'".

      --

      --
      Power to the Peaceful
    6. Re:Count me as a fellow Lone Coder by SyniK · · Score: 1

      Coward.

      Open source is not about making it up on support. It's about making a better program. When you, as the lone coder, can do that: people will buy yours instead.

      Does apache group care about support? Does lkml care about support? Did mommy and daddy grease the way for either apache or linux? A person, or people, saw the need (probably their own) for a specific piece of software and made it. Get the chip off your shoulder.

      Does redhat care about open source? No. It's just a means to an end. If they build a better product they, expect to get paid (Which, I suppose, they think RHEL is). They are just like any other software company.

      --
      -Tom
    7. Re:Count me as a fellow Lone Coder by Saeger · · Score: 4, Interesting
      From the perspective of anyone who depends on writing software to make a living, it is an especially obnoxious proprietary license.

      Funny - I make my living by writing, integrating and providing valueadd support for BSD & GPL'd solutions (mostly web-based).

      Most software is a commodity now so it's just the reality of the situation that providing services around opensource is more efficient than the ol' model of selling a piece of shrinked-wrapped artificial scarcity, or a license for same.

      --

      --
      Power to the Peaceful
    8. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Without the GPL Mr. Lone Coder most probably couldn't even get a compiler.

    9. Re:Count me as a fellow Lone Coder by lakeland · · Score: 5, Interesting

      There is some truth in what you're saying, but I think the idea of selling cheap software is going the way of the dodo. Essentially, the free software momement appears to result in a clone of any software that's been around for a long time and has a big userbase. Of course, software got cloned before the free software movement too, but there the clones cost a similar amount to the first product and so didn't slowly suck up the profit margins, essentially they competed fairly.

      There are reasons for this, but you could think them up as easily as me. More relevant are the implications. In this case, since the grandparent was able to swap to a GPLed version tells me you've got something close to a commodity. And this means you're going to have to keep innovating, staying ahead of the GPLed version, or else users will gradully shift to the cheaper, more flexible alternative.

      If you want to continue selling shrinkwrapped software as a one-man team, then I suggest you look at where the free software movement has traditionally done badly -- areas where the software cannot be totally free (due to integration with non-free data), very expensive products for a small market, etc.

      But I think a more viable long-term option is to start adding software modifications/consulting and the like to your portfolio.

      Of course, there is no hurry for any of this, I just expect every year will be a little harder than the one before.

    10. Re:Count me as a fellow Lone Coder by jdybnis · · Score: 1

      This isn't going to be a popular sentiment here, but I'd say that the GPL...generally make[s] it tougher to make a living. ...and the automobile generally makes it tougher to make a living shoveling horse shit. That's life. Be prepared to change jobs if you have to. One thing for sure, it's easier to now than it was back then.

      I make my living writing software too. And I plan on doing so until I retire. But computers don't exist for the sole purpose of giving programmers jobs. People in other fields are end-users. They actually use that GPL'ed software to do THEIR jobs. If that software didn't exist or wasn't open source THEY might not have jobs. Think about that when you complain about Open Source programmers undermining your bussiness.

    11. Re:Count me as a fellow Lone Coder by turnstyle · · Score: 3, Interesting
      "Maybe you could refute his claims instead of just being pissed about the attitude."

      I'm not pissed about the attitude, I just think it's counterproductive.

      It's certainly true that the core Andromeda code isn't directly modifiable -- thought it is modifiable via separate prefs & skin files. There are a number of reasons for that, but I don't want to clutter up the thread going into Andromeda details.

      However, you should take care to note that this poster seems to be implying that, had Andromeda been GPL, that then he would have paid. Do you really believe that?

      No, he isn't going to pay if the code is not GPL, and he isn't going to pay if it is. He just wants stuff for nothing.

      SO, in the context of a thread about trying to make a living as a self-employed coder, he is irrelevant (apart from observing his somewhat typical hostile attitude).

      --
      Here's what I do: Bitty Browser & Andromeda
    12. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      Without the GPL Mr. Lone Coder most probably couldn't even get a compiler.

      Plenty of non-GPL compilers exist, even free ones. The "it's not GPL so it can't exist" meme is closely related to the "it's not GPL so I won't use it" meme.

    13. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0, Flamebait

      Coward my ass.

      YOU stake your life's savings on an idea and build a profitable company from scratch.

      My guess is you'll choose to keep cringing in your little cubicle instead, waiting for the day your job is outsourced to India thanks to the magical cost benefits of collaborative open source code.

      >Does redhat care about open source? No. It's just
      >a means to an end.

      Good thing the 'means' was put together by a bunch of kids giving out their labor for free. Who received payment at the IPO? Certainly not the coders who put the backbone of all those spiffy tools together.

      Open source code is put together by those who don't know the value of their work.

      I'm sure you'll have all the time in the world to work on free open source projects once your job is gone. Who needs a paycheque when Open Source Solves All Problems?

    14. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      So which compiler would you choose, if you were Mr. Lone Coder, and Microsoft and Intel would charge an arm and a leg because they would sominate the market?

    15. Re:Count me as a fellow Lone Coder by lakeland · · Score: 1

      Few things are more sad than a man fighting the tide. And to spend your life's savings on the fight! Damn that's gotta hurt...

    16. Re:Count me as a fellow Lone Coder by Saeger · · Score: 1
      had Andromeda been GPL, that then he would have paid. Do you really believe that?

      I dunno. I'm one of those people who's donated more money (and time/code/bugsreports) to open projects than the sum of all closed products.

      btw, I noticed the "stream of conscience" text at the bottom of your turnstyle mainpage - you don't happen to have experience getting higher rankings in search engines do you? want to sell me your SEO services, or, a product that will 'analyze' my site instead? :)

      --

      --
      Power to the Peaceful
    17. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      >Few things are more sad than a man fighting the
      >tide. And to spend your life's savings on the
      >fight! Damn that's gotta hurt...

      Not at all! I've made a good living running my own business for quite a while and will continue to do so for at least a decade more.

      Small, crazy-profitable, excellent quality and established base of repeat customers. I'm set.

      It's the new guys that are screwed. Since that's in my benefit as an established business, I should be cheering *rah* *rah* along with the rest of you.

      Think you have problems competing with low-cost Indian labor? Try no-cost open source!

    18. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      Hold up for a second.

      Let me preface this by saying that I will probably be releasing ALL my stuff GPL, because it keeps my software free for my use as well as everyone else's -- i.e. a suit can't come along and steal my stuff right out from under me. I see the GPL as something that protects developers from corporate villany.

      BUT, there are no ifs, ans, or buts: it DOES make it a hell of a lot harder to charge money for software.

      You seem to think the welfare of end users is more important than that of developers. Why, exactly? Why is Joe User more important than Joe Developer? If it wasn't for Joe Developer, Joe User wouldn't have software in the first place. What makes you think the user is the more important party here?

      My reasons for GPL'ing my stuff are complicated, but they don't cloud my view of the challenges the open source community presents to programmers who DESERVE to earn a living.

      Come on; charity begins at home, PROGRAMMER. Lose the "boo hoo, poor user" stuff. It's wrongheaded. We programmers are JUST as important as end users.

      If it's ok for us to not make a living, it's okay for them too. Good for the goose, good for the gander.

      --
      Farewell! It's been a fine buncha years!
    19. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      So which compiler would you choose, if you were Mr. Lone Coder, and Microsoft and Intel would charge an arm and a leg because they would sominate the market?

      That's easy. I'd program in Haskell. That one comes with a BSD license.

    20. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      And it's implented in what? :-D

    21. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 1, Funny

      quit replying to your own posts MillionthMonkey. we know its you.

    22. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      BTW, I doubt you'll make much as a lone coder programming Haskell in a world where free software is reduced to BSD fanatics...

    23. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 2, Insightful

      Funny - I make my living by writing, integrating and providing valueadd support for BSD & GPL'd solutions (mostly web-based).

      The BSD license does not resemble a proprietary license. Neither does the Apache license, and people make plenty of money building on and supporting both Apache-licensed and BSD-licensed solutions, even though they are not as aggressive as the GPL.

      The Apache and BSD licenses are truly free licenses. The GPL looks like a free license, and enjoys the reputation of a free license, when it more closely resembles a proprietary license that belongs to no one.

      Most software is a commodity now

      It's a strange commodity that makes you lose rights to your own work if you attempt to incorporate it.

    24. Re:Count me as a fellow Lone Coder by javamann · · Score: 0

      I thought apache was supported by IBM and several other companies that then take the code and modify it for their use,

    25. Re:Count me as a fellow Lone Coder by turnstyle · · Score: 3, Insightful
      "I'm one of those people who's donated more money (and time/code/bugsreports) to open projects than the sum of all closed products."

      You may indeed be one of those people, and I know from personal experience that those people are really great. However, I can also tell you from personal experience that there just aren't enough like you.

      You simply can't make it as a full-time coder on a begware basis -- ask any coder with a "donate" button, you'll see. Sure there are exceptions -- but mostly from corporate sponsorship for mega projects like Apache, Firefox, etc.

      --
      Here's what I do: Bitty Browser & Andromeda
    26. Re:Count me as a fellow Lone Coder by The+Dark · · Score: 1

      If you post as anonymous coward don't be surprised if people call you that. Possibly the grandparent poster should have said Mr Coward, but you can't expect respect when hiding behind anonymity.

      --
      sig's not here
    27. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Let me guess... You voted for Bush?

    28. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      It's probably implemented in C, compiled with gcc, which has a GPL license.

      So?

      You were insinuating (assuming you're the same AC) that if it weren't for the GPL, no free C compilers would exist at all. Gcc doesn't owe its existence to the GPL, and if the GPL didn't exist it would be offered under some other public license.

      And the compiler's license isn't transmitted to the compiled code. That would be a pretty nasty license.

    29. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      No.

    30. Re:Count me as a fellow Lone Coder by Darkangael · · Score: 0

      Aren't you free do do ANYTHING with GPL software, including sell it?

    31. Re:Count me as a fellow Lone Coder by flacco · · Score: 4, Insightful
      So here I am, trying to pay my own way -- and the response isn't "no thanks, it's not for me" -- it's this weird and totally unnecessary hostility.

      not hostile at all - more sardonic than anything else.

      simply pointing out that you opened yourself up to losing a potential customer to a gpl product precisely because you did not offer what open source does - the ability to modify the software for one's own needs.

      maybe doing that keeps you some customers, but obviously it loses you others.

      --
      pr0n - keeping monitor glass spotless since 1981.
    32. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      I'm saying that there would most probably be no competitive C compiler without the GPL (or a similar copyleft license).

    33. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      s/no competitive/no afordable and competitive/

    34. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Good point.

      If there was a "couldn't bother to register" option, I would have picked that. I didn't even think of the AC sig.

    35. Re:Count me as a fellow Lone Coder by Saeger · · Score: 2, Insightful
      It's a strange commodity that makes you lose rights to your own work if you attempt to incorporate it.

      Sorry, but I'm not in the camp that thinks the GPL is somehow bad because it lets you stand on the shoulders of giants while requiring you to do the same (if you distribute). You're not losing any "rights" by not being able to exploit the commons.

      --

      --
      Power to the Peaceful
    36. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      I have no doubt there would be an affordable and competitive C compiler, even with no GPL. Cheapskates need to compile too, you know.

      After time one program will typically dominate the free end of a category, whether it's compilers, operating systems, or web servers. In the case of C compilers, that program is gcc, which is offered under the GPL. But gcc doesn't owe its success to the GPL any more than Linux does. Just look at the web server space. Apache is kicking Microsoft's ass, and it's both free, competitive, and non-GPL. (Although one might argue this is Microsoft's own fault for making IIS such a disaster.) Companies like IBM have sold software based on Apache, without forefeiting any rights to their own work, and Apache has not done badly for it either.

    37. Re:Count me as a fellow Lone Coder by Phragmen-Lindelof · · Score: 1

      Does redhat care about open source? No. I doubt that this is true. I give RH credit for supporting Fedora Core and for serving as an example that Linux services can form the basis of a profitable business. If Linux and the gnu tools were not GPL'd, RH would either be bought out by someone (Novell?) if RH "owned" Linux or someone (MS?) would "embrace and extend" (and break or fork) Linux if it were under a BSD license (ala HPUX, AIX, Solaris, Tru64, etc. or OpenBSD, FreeBSD, NetBSD, etc.). Red Hat's survival depends on open source; no one can steal Linux.

    38. Re:Count me as a fellow Lone Coder by kubrick · · Score: 1

      You seem to think the welfare of end users is more important than that of developers. Why, exactly? Why is Joe User more important than Joe Developer? If it wasn't for Joe Developer, Joe User wouldn't have software in the first place. What makes you think the user is the more important party here?

      If the developer wants to be paid by users for his work, then the needs of those users do become more important. Why should the users pay if they're not getting what they want out of the deal?

      Sure, the users need the developer, but that need is reciprocated, otherwise the developer will starve.

      --
      deus does not exist but if he does
    39. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      Sorry, but I'm not in the camp that thinks the GPL is somehow bad because it lets you stand on the shoulders of giants while requiring you to do the same (if you distribute).

      I have no problem with "not standing on the shoulders of giants". But the GPL unnecessarily gets in the way of a basic communal sharing of ideas between commercial and noncommercial distributors. For example, there are plenty of "commodity" libraries for doing simple, mundane little things that take up a hundred or so lines of code- like parsing command line arguments, importing and exporting standard file formats, etc.- and that are effectively unusable by commercial software because their authors released them under the GPL. There are strong reasons to want to use standardized libraries. People may be used to the way free software works (since it's free, and they're likely to have at least tried it), and they may want to leverage their experience with free software, or their existing infrastructure that includes free software, to include commercially licensed software as well. But the GPL is designed to provide a competitive disadvantage to commercial software. So either you turn your program into GPL for want of a completely minor feature, or you implement these little features yourself- in not quite the same way- and end up wasting everyone's time.

      You're not losing any "rights" by not being able to exploit the commons.

      You're not losing any rights by not being able to "exploit" Microsoft's software either. But still, people (rightly) complain about Microsoft's closed file formats.

      And the commons is supposed to include everybody.

    40. Re:Count me as a fellow Lone Coder by scrod · · Score: 1

      Most people who have money to burn on software don't know or care about the GPL, and many of those who don't have money to burn don't know or care about the GPL, either. Furthermore, those who do know and passionately care about and believe in the GPL typically do not have money to burn.
      So given these three factors, after you adjust your target audience accordingly, you will find that your biggest threat is P2P, and that's only if demand for your product increases to the point where you would be making more than enough money, anyway.

    41. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      > Add to that the growing sentiment I hear often of "it's not GPL so I'm not gonna use it", and competing with the GPL is like competing with Microsoft.

      Which is, after all, the society that Richard Stallman and the Free Software Foundation are aiming for: a society where software, like books, can be read in freedom, in order to contribute to the greater knowledge and benefit of society as a whole.

      I'm not saying it's a perfect vision - just pointing out that this vision is being achieved, and that Stallman and the FSF are visionaries for coming up with the mechanisms (GPL) to achieve this goal.

    42. Re:Count me as a fellow Lone Coder by Craig+Ringer · · Score: 1

      No. You are not allowed to redistribute modified copies without providing the source to your modified copy.

      In that sense, it's more restrictive than the BSD/X11 license.

      It's great for users and consultants, but does put pressure on professional coders, especially small scale ones. In the end, though, the industry does shift over time - perhaps it's time to retrain to focus on making custom enhancements to tools.

    43. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      So you are trying to pay your own way... great.

      But the problem is his reply was right. Adromeda sucks. Do a better job and you won't get this hostility. Seems easy enough.

    44. Re:Count me as a fellow Lone Coder by flacco · · Score: 2, Funny

      hmmm....

      racist: check.
      ad hominem: check.
      homophobe: check.
      anonymous: check.
      coward: check.

      diagnosis: troll.

      --
      pr0n - keeping monitor glass spotless since 1981.
    45. Re:Count me as a fellow Lone Coder by letxa2000 · · Score: 2, Interesting
      It really depends on what you sell and what your market is. I'm a lone-coder that has a number of software products for sale as well as services and my own consulting services.

      My thoughts:

      1. Begware or "donations" has to be a lost cause. I have a hard time believing they'd generate more revenue than generous shareware (generous shareware=virtually fully functional programs, hardly limited).

      2. "Generous shareware" is essentially "extra income" for me. There's no way I could live off of it. In addition to extra income, my shareware products are "calling cards" and publicity for my software development capabilities.

      3. The additional trick is constantly create new products. Over time more and more people will buy them and once you've got a number of them out there the constant combined income flow is going to start adding up to something worthwhile.

      4. My main income comes from consulting services. Some of those are directly related to my products but most are only generally related. Those that hire me often find me having stumbled on my software and realizing that to develop the software I developed that I definitely must have the software development skills they need for a similar project.

      5. I have the benefit of being in a niche market. I can't imagine trying to do this as a generic Windows programmer writing VB apps or PHP scripts. Anyone and their dog can do that and many of those are unemployed and willing to work for peanuts at this point. Luckily I'm in a niche embedded market (embedded != Windows or Linux running on a small machine but rather writing the firmware for a microcontroller, etc.) which commands higher consulting rates.

      Unfortunately a lot of projects can't be done as one-man projects. Complicated projects eventually demand a high level of support and eventually you'll spend all your time supporting your customers and no time developing which is a quick recipe for downward-spiraling income and future innovation.

    46. Re:Count me as a fellow Lone Coder by AndroidCat · · Score: 1

      If it's not about making it up on support, how many people will buy your program? What's your value-added that you provide over just downloading it and installing it? The alternative is to use a services/subscription model where people have to pay to connect to your servers to use it. (MMPOGs, etc.)

      --
      One line blog. I hear that they're called Twitters now.
    47. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Dude, your type just isn't welcome here. You spoke in a negative fashion about FOSS! Given that the slashdot crowd ain't exactly your "bright thinkers", what kind of response did you expect? There are plenty of people out there who have grown up and risen above the level of this "community", mostly when they left jr. high school. So just get out there and make better connections than those you find here. You'll be much happier. The world doesn't suck quite so much as the crowd here would have you believe. You'll be amazed to discover that many software developers are not 1) broke, 2) horny and desperate, and 3) socially disfunctional. Of course, if these qualities are what you aspire to, you'll fit right it!

    48. Re:Count me as a fellow Lone Coder by Craig+Ringer · · Score: 2, Insightful

      Regarding libraries, the library author should release under the LGPL if they want a GPL-style license but to still have their work usable with closed-source software.

      Some don't want closed-source developers to be able to use their work. That's OK - but I don't think their work should be made a core part of operating systems.

      I, personally, would probably choose either the LGPL or BSD license for any significant library I wrote, depending on the library and it's intended use. Smaller/simpler stuff I'd just release under the BSD license simply to make it easier to use.

      Your viewpoint seems to omit the idea that open source / free software developers may not wish closed source developers to be able to use their code. I don't doubt that's frustrating, but they really have as much right to make that decision with their work as you do to sell yours as closed source. Hell, it frustrates me - I'm working on an in-house app and we want to maintain the freedom to choose our license if/when we release the app more widely.

      The key point is that GPL and LGPL authors are not releasing their work to the commons / public domain. They're releasing it under a restrictive license, just one that's restrictive in very unconventional ways. You're not _supposed_ to be able to use it, any more than you can borrow code from Microsoft's shared source programme or bundle their OS or app DLLs because there's something convenenient in them.

    49. Re:Count me as a fellow Lone Coder by Craig+Ringer · · Score: 4, Insightful

      Regarding the Apache and BSD licenses, I tend to agree.

      When it comes to the GPL, I agree that is a restrictive license, and "less free" than the BSD/X11/MIT/Apache licenses. I can't say I agree with the rest, though.

      GPLed works generally belong to no one person or organisation, true. This doesn't always have to be the case (take Asterisk or all FSF software, for example) but generally is. The difference is that I don't see how that's a problem, if all authors/contributors have decided that that license is appropriate for their work. In fact, surely it's much the same as a distributed group of people working on closed source software - the codebase doesn't belong to any one of them - except that the GPL developers let you use their work under a different set of conditions?

      You do not lose the rights to your work if you incorporate GPL code. You will generally have the option, much the same as for any other copyright infringement, of removing and rewriting that portion of the code. You may have to pay damages or settle for other remedies, especially if the copying was knowing. The difference between the GPL and a proprietary license is that it offers you the /option/ of releasing your work under the same license as another way to escape the infringement. Sometimes that might be appropriate, but when it isn't it just comes down to another copyright infringement / license violation case.

      The point is that in many ways the GPL is just another proprietary license, it just gives you different options and a different set of restrictions. Many find it much easier to agree with than other licenses, many others find it impossible to accept. So what? Your own view undermines your complaints - if the authors of GPL works had wanted their work free for everybody to use however they wanted, the would've released under the BSD license or similar. Complaining that they didn't has as much validity as if I complain that your work isn't released under the BSD license, because I want to use it in my work without offering you any compensation.

    50. Re:Count me as a fellow Lone Coder by tekunokurato · · Score: 1

      I wouldn't say dodo, but maybe the burmese tiger--very rare. The top-rated software on, say, CNET will make plenty for its coder to live in because the small number of paying users still make a rather large absolute number. But with the virility and universality of information among users, it's always going to be a blockbuster game, where only the best couple pieces of software will be winners, and everything else will be ignored. In a way this is great--it rewards the best person. But it's all or nothing, which definitely makes the winners as rare as a burmese tiger.

    51. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      There are other free C compilers anyway. Most of GHC is actually written in Haskell, with the RTS being mostly written in C. If there were no available C compiler it would most likely be written in Lisp or perhaps more Haskell or a mini-pseudo-Haskell. There is CMUCL which is in the PD which would have considerably more support if there were no freely available C compilers.

    52. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0
      I'm not saying it's a perfect vision - just pointing out that this vision is being achieved, and that Stallman and the FSF are visionaries for coming up with the mechanisms (GPL) to achieve this goal.

      Actuall Stallman is more like the hippy movement, in that he wants everything for free, doesn't explain how all the free things will come to be (ie, who will make it, are we all going to a free-for-all bartering system), and wants to be left alone to do whatever he or she wants under the excuse of "improving man/womankind" and "freeing" society. Sounds like a commune.

    53. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Indeed, but the problem is that so-called "free-as-in-speech" software, licensed under the GPL, is not truly free as you can still only use it if you agree to the author's conditions. I personally like the GPL a lot, but I'm tired of the holier-than-thou attitude people have when they use the GPL because it's not as free as they act like. The LGPL, on the other hand, is a truly free-as-in-speech license, and I love it for libraries.

    54. Re:Count me as a fellow Lone Coder by Lisandro · · Score: 2, Insightful

      You're the brother of Mike Matthews! The Big Muff Pi and Guitar sytnh are the best guitar pedalboxes ever :) Not that he'll care, but say him "thank you so damn much" from me!

      Anyway, GPL proliferation made living off coding more difficult. There was a small paper written by Stallman himself where he discussed this, and pretty much ended up agreeing that yes, as software becomes a comodity, programmers will get paid less - this compensated by other benefits from open source licensing. I just can't find the damn link right now. But it just sucks, because sometimes people don't want the best product, they just go for the cheapest.

    55. Re:Count me as a fellow Lone Coder by Lisandro · · Score: 1

      Sorry, make that "son" ;)

    56. Re:Count me as a fellow Lone Coder by Eskarel · · Score: 1
      I don't think that this is the posters original point. There is nothing wrong with losing customers because they want to modify the source and you don't want to let them do that, that's market economics in it's purest form and it's something you have to accept when you choose to enter that market. If people want a service you don't want to deliver, odds are they'll find someone who will.

      The problem in question here, and I tend to agree, is with the idea that you don't use software which isn't GPL even if you don't need to modify the code, know how to modify the code, or really care much about modifying the code. The problem is in essence zealotry.

      As has been expressed earlier, the GPL is not really a free as in speech license, and is viral in nature(by design). There are some very nice things about the GPL, but it deliberately screws over anyone trying to make a living coding and selling software(again by design.

      Now it's perfectly alright to design a license this way, you can make any license you want, so long as it's not patently ridiculous or unenforcable. The problem is that a large number of people think that the GPL is other than what it is.

      I use GPL products, and I use proprietary products. I know what they both actually are, and accept that both have a place in the world, but I don't decide what software I use based on whether it's GPL or BSD or Proprietary or what. I use what does the job and what I can afford.

    57. Re:Count me as a fellow Lone Coder by pax01 · · Score: 1

      Of course, software got cloned before the free software movement too, but there the clones cost a similar amount to the first product and so didn't slowly suck up the profit margins, essentially they competed fairly.

      I think you may as well call that "progress". I mean, instead of ten clones "competing fairly" there will be a HUGE enhancement of the single software, or just three or four different ones. At least time won't be wasted repeating the same thing all over again.

    58. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Most likely open source software, including GPL'd software, gets rid of part of the "re-inventing the wheel for the 50th time" phenomenon that is common for proprietary, closed source software.

      Why do you feel you should be able to make money on doing something that someone else has already done, unless you can do it better?

    59. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      Ah, but you missed the point I was replying to. The parent poster had basically said that the fact that GPL software was available for free enabled people to use it to do THEIR jobs. The implication being, they need software to do their jobs, and they might not be able to have jobs if (gasp!) they had to pay for software. Which kind of implies that programmers are dicks for wanting to be able to buy groceries.

      Basically, his argument was "Isn't it wonderful that the free GPL software lets the poor, poor user have tools, and foils the evil nasty developers trying to make the poor, poor users PAY?"

      Again, I'm pro-GPL. But I'm very, very against this freeloading kind of thinking. Most users just want something for free, and although they can afford to pay for what they use, they just don't want to. And they have the nerve to get annoyed at us for wanting to be able to make a living.

      Don't they ever think about this at all? Do they think they can stiff the guys who come mow their lawns? Or the grocer? If not, why is it ok to stiff the programmer who makes the tools they're using to make money???

      This isn't about developers being attentive to the needs of their users, which is a separate issue entirely. This is about users being a bunch of cheap bastards, arrogant and nasty, and about the point of view that says that only what THEY want matters.

      --
      Farewell! It's been a fine buncha years!
    60. Re:Count me as a fellow Lone Coder by SyniK · · Score: 1

      1) Don't have it available for download (RHEL anyone?) You purcahse the software, you get the source. There is nothing in the GPL that says you can't sell your software for $1,000. (Yeah, then that person who bought it can give the source away for free if they want to. But with a $1,000 investment, why would they?) Look at TrollTech's Qt: they dual license to allow people to play with the source, but others to buy it if they need it.
      2) To value-add is to innovate. If you're not making it up on support, and you actually have to sell the product (think tuxracer), you have to continually innovate just like everybody else. Make the product do more.

      The bottom line is: You, as the author, get to decide if having it open source is in your best interest (whether you're a company or individual). And once that is decided you can decided how much to charge and how much to "embrace" the open source community. Look at WineX -- do they embrace the community? Not a whole lot, but they don't outright offend them.

      There are models that exists out there (RHEL, WineX, Qt), but everyone assumes GPL = free CVS and binary packages. It does not have to end there or even necessarily begin there either.

      --
      -Tom
    61. Re:Count me as a fellow Lone Coder by downbad · · Score: 1

      you can distribute modified copies without the source. you just have to make it available "for a charge no more than your cost of physically performing source distribution."

    62. Re:Count me as a fellow Lone Coder by YellowBook · · Score: 4, Insightful
      It's a strange commodity that makes you lose rights to your own work if you attempt to incorporate it.

      The GPL can never cause you to lose any rights to your own work; only to derivative works of other works that you would not have any right to incorporate without the GPL. Now, if you incorporate GPL'ed code into something you've written, you still only own the part you wrote, not the whole shebang. And if you release your work under the GPL, and someone contributes improvements to it, you only own the part you wrote; you have rights to the contributions only under the GPL.

      Complaints about the GPL "taking away my rights" basically amount to the vocalizations of people who want to use other people's work without abiding by the terms (based on giving back to the community) that the author of that work set. Basically, GPL-hatred is a kind of looter-mentality.

      --
      The scalloped tatters of the King in Yellow must cover
      Yhtill forever. (R. W. Chambers, the King in Yellow
    63. Re:Count me as a fellow Lone Coder by SyniK · · Score: 1

      *Note*: Pig-headed opinions

      Red Hat want's your money. It's the odd man out when saying Linux, Apache, Red Hat... Apache is BSD, it wants to be loved by all. Linux is GPL, it wants to be free and the best. Red Hat Enterprise Linux is costly and not entirely free nor downloadable. As an act of good faith the OSS community gets Fedora Core.

      You've stated Red Hat needs Linux to be Open Source, but that's not necessarily saying Red Hat cares about open source.

      To contradict what you said (and then argee with you): Anyone can steal Linux, but any cool changes they make go right back to Red Hat. So you can't steal it for long... So I think Red Hat made a business decision to go with Linux because even if someone has the upper hand, it won't be for long. And if Red Hat beats them to the cool new changes (read: innovations) they will remain on top.

      IMHO, this all changed with RHEL. Now RH is in the software business and that means rock solid support ($$$) and less daring innovations.

      --
      -Tom
    64. Re:Count me as a fellow Lone Coder by SyniK · · Score: 1

      Apache has money, but it's not going to support a fulltime staff of coders with what it has in the bank.
      http://www.guidestar.org/controller/searchR esults.gs?action_gsReport=1&npoId=1166096

      I know Oracle Portal runs apache internally (while selling for $$$). I'm not sure how much support IBM, Oracle, etc give Apache. I think because it is a stable network server (not real sexy in the eyes of users or developers) it doesn't need a full staff of programmers to make new and interesting things. (But yet apache.org always has something new...)

      --
      -Tom
    65. Re:Count me as a fellow Lone Coder by SyniK · · Score: 2, Insightful

      I intend to one-up you. I have no life savings and only crazy ideas. You had capital, that makes it easier. Though, admittedly, I have nothing to lose.

      I think you are mistaken that open source coders do not know the value of their work. What motivates them is not necessarily its monetary value. If most open source coders are professional coders during the day, they know exactly what their time / energy is worth.

      Red Hat (while $$ whores these days) worked their asses off to make a cohesive distribution out of the wild and wooly linux scene. It wasn't / isn't my cup of tea, but they've done a lot to give back to OSS along their way. They saw that Linux (OSS) had potential as a commerical business and stuck with it. Yeah, they make all the money. That's what businesses do. They hired some of the coders that made linux what it is today (Alan Cox).

      When just being an MSCE is grounds for making $100,000+ (in the bubble), there needs to be a long, hard soul search before the regulars can get back to work. Commercial software (Games, OSes, Entertainment apps, websites) is shit these days anyway. Might as well make it go fully belly up and start fresh.

      --
      -Tom
    66. Re:Count me as a fellow Lone Coder by heikkile · · Score: 1
      This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

      I don't know - I make a decent living writing GPL'd software. (To be honest, I must admit that I am not a Lone Coder doing this, but employed in a small company started by two Lone Coders.) The catch is the same as with other software: Find a niche where the customers want it badly enough to be willing to pay for it to be written.

      GPL may kill the simplistic dream of writing a great piece of software, and getting rich from selling copies/licenses for ever. But in real life, that dream has not worked for very many people, especially not the Lone Coders...

      If anything, GPL has made it easier for the Lone Coder to take a piece of software and improve and customize it, and make a living on consulting, installing, and supporting it. He no longer has to write everything from scratch, but can build on the work of others.

      --

      In Murphy We Turst

    67. Re:Count me as a fellow Lone Coder by Jakosa · · Score: 1

      The whole problem is that software today has reached a stance where most users can use old software for most work situations. They don't need small software companys, they don't even really need the big ones. The big corporations are trying very hard to create a need that is simply not there. The GPL'ed software only showed up at a time when word-processors, image manipulation, web tools etc. had all the features you need to get the job done. As I see it the lone coders problem is not the GPL, but the technological development and the globalisation. It is typical that GPL is applied to programs that can be created by a single or very few programmers. We are still to see a GPL 3d program like Maya. That is why most coders, yourself included, have to make GPL software. The money is no longer in programs that can be written by one person.

    68. Re:Count me as a fellow Lone Coder by horza · · Score: 1

      I agree with you completely on the GPL. From the perspective of anyone who depends on writing software to make a living, it is an especially obnoxious proprietary license.

      There is nothing wrong with the GPL if it's used correctly. It is not the right license for the Lone Coder.

      The GPL is great if working on a personal project and want to get other people involved. The GPL will reassure those that invest their time that the code isn't going to be 'taken away from them'.

      The GPL is great if paid to write an internal company project that isn't core competatively. Others may contribute features and bug fixes which causes less headaches.

      For the Lone Coder what you have to offer is your ideas and your time. If someone else wants to write a GPL version well that's competition. If they want to use your version then you offer a commercial license and demand a fee.

      It differs from typical proprietary licenses only in that the "proprietor" hires anybody who wants to work for it, pays them absolutely nothing, dumps all its products on the market for free, and will refuse to sell you a license no matter how much you offer.

      This is so wrong. Either they are hired or not paid, this is contradictory. If someone works for free and dumps their product on the market that is equivalent or better to what is available then this says something about the value of that good: it's now a commodity and writing a commercial version of it has had its day. Also I'd wager that the majority of small GPL projects (which is most of them) would be more than happy to dual-license you a commercial copy of their GPL software.

      Add to that the growing sentiment I hear often of "it's not GPL so I'm not gonna use it", and competing with the GPL is like competing with Microsoft.

      I agree and am in fact guilty of doing it myself. The problem is that there is so much good GPL software out there these days that I know if I look hard enough I will be able to find a version under the GPL. Shrink-wrap commercial software niches are growing smaller so you need to bring more to the table than just code (ie an expertise or knowledge wrapped up in some code).

      Phillip.

    69. Re:Count me as a fellow Lone Coder by gbjbaanb · · Score: 1

      You're thinking of the LGPL, not GPL.

      If I write work based on GPL code (say I make improvements of some sort), when I release this, I have to release both my and the original under the GPL, that's what the GPL is all about. Derivative works must be GPLd too.

      I'd be happy if the GPL said, anything I do can be released under whatever licence I like, as long as the original GPL stuff is still GPL (obviously), but it doesn't say that.

    70. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      "I agree with you completely on the GPL. From the perspective of anyone who depends on writing software to make a living, it is an especially obnoxious proprietary license."

      Yes it is now harder to make a living writing small scale software that will has already been made available under free (as in beer) licensing, but then niche jobs have been eliminated by developments in the past. This happens continually and the requirement is to be adaptable and change with the times.

      New possible enterprises for the lone coder include:
      * Integrating existing open source and proprietary products into a total solution, with necessary additional coding glue.
      * Extending existing open source projects to make bespoke solutions, possibly offering those changes back to the community.
      * Supporting products
      * Training in products
      * Consultancy on adoption of products.

      As one niche closes (hopefully) others open.

    71. Re:Count me as a fellow Lone Coder by amorsen · · Score: 1
      The point is that in many ways the GPL is just another proprietary license

      Notice that the GPL does not restrict the use of a program, only distribution. Most proprietary licenses restrict use as well (and are therefore not really licenses, but just contracts).

      --
      Finally! A year of moderation! Ready for 2019?
    72. Re:Count me as a fellow Lone Coder by batemanm · · Score: 1
      lets you stand on the shoulders of giants

      I always thought that this was more appropriate

      "In Computer Science, we stand on each others' feet." -- Brian K. Reid

    73. Re:Count me as a fellow Lone Coder by lisaparratt · · Score: 1

      Me having less money, hmm... I don't see that there's any advantage to open source that can compensate for that!

    74. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      If you want basic communal sharing of ideas between commercial and noncommercial distributors, you should release this "commodity" libraries for doing simple, mundane little things under the LGPL or Public Domain. GNU says small programs should not be GPL'ed anyway. This is not what the licence is for.

      Releasing your library under LGPL or Public Domain will enable third parties to incorperate it in their commercial application while at the same time protecting it's freedom (as in speech).

      By the way: I thought it was clear by now that the GPL does not stop you from selling (read: Charging money for distributing/supporting) your software.

    75. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      you are trying to sell a php program?

      sad man.... really sad.

      That's like selling a perl or wbasic program. you are ASKING for trouble.

      if it is not compiled then it is only for one time clients or gpl.

      fools try to sell non compiled things to the general public.

      I suggest you rewrite it in VB.NET so you do not have the problems with "I tried modifying it"

    76. Re:Count me as a fellow Lone Coder by ydrol · · Score: 1

      This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

      Yup. They way I see it is only extremely vertical B2B markets are real money-spinners these days.
      But if you mess up - people will try to sue you!

      And often the is already a product that is entrenched in that sector that you have to compete with, or be suitably different from.

      People will still pay for skills though, services and support.

      I've glanced at Hotel Booking Systems, Estate Agent s/w and the like and it often looks far less polished (*) than generic end user software (wg WinZip, Nero etc) and the Businesses often dont like using them but its the only choice, best of a bad bunch, or at least better than a bunch of Excel macros.

      (*)Sometimes this is simply because it works, so why risk breaking it making it look more snazzy

    77. Re:Count me as a fellow Lone Coder by Skorpion · · Score: 1

      Of course you can sell GPL software. But with sources, or providing source on request.

    78. Re:Count me as a fellow Lone Coder by jellomizer · · Score: 1

      projects eventually demand a high level of support and eventually you'll spend all your time supporting your customers and no time developing which is a quick recipe for downward-spiraling income

      Charge for support or offer them some sort of contract. Say you offer 20 hours of support per month you charge them 15 hours of your normal programming charges per hour. For 20 hours. Plus they get priority support the more the customer pays the better priority they get.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    79. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      You're right. "The Dark" is so much less anonymous, and allows every reader to realize exactly who you are. I'm so glad that some of us are brave enough to step forward and be identified for who they truly are. Fuckwit.

    80. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      ...and animal rights activists make it tougher to gut a puppy and fuck the guts.

      some business models just stop working. you may have had a huge business for hose-drawn buggies, but once Ford started mass producing your business model became obsolete. the same is true for selling software. give the software away, but sell the -SERVICE-. people will always need services, unless they all magically become as smart as one another with the same information stored in everyones brain. services would still be required then for those who couldn't do the job by themselves, though.

    81. Re:Count me as a fellow Lone Coder by Muddles · · Score: 1

      You want the Apache/BSD licence. What you describe is what it does. The copyright is maintained, but you can take it and drop it straight into a piece of commercial software and not give any of the code away, you don't however at any point change the licence of the Apache/BSD code that you've used. It never becomes yours but you are licenced to use it as if it were.

    82. Re:Count me as a fellow Lone Coder by sgtrock · · Score: 1
      I'd be happy if the GPL said, anything I do can be released under whatever licence I like, as long as the original GPL stuff is still GPL (obviously), but it doesn't say that.


      YES IT DOES SAY THAT!

      Look. The GPL ONLY applies to code that is released under it. YOUR code, if you choose, can be released under whatever licence that YOU choose. What you can't do is mix your code with GPL code in a single application under any other license but the GPL.

      You can, as the MySQL code clearly demonstrates, release your code under two different licenses at the same time if you so choose. So what is the problem?
    83. Re:Count me as a fellow Lone Coder by Muddles · · Score: 1

      True.

      However....

      The GPL is not a licence for the compiled code. It is a souce code licence and as such it does restrict how you can use what you're actually licencing, the source. Most proprietary licences are compiled code licences and as such there are limits on what you can do with the compiled code you've licenced.

      Now, flame away if you like, but nowhere in the above did I say or imply that the GPL is as restrictive as most EULAs. I simply state that you are limited in the use of what you licence with both approaches. The software and the licence you choose must be chosen based on the functionality provided, including licenced usages that are provided with the package as a whole. The argument of GPL vs Apache/BSD is the same the licence dictates what you can do with the code and you must choose which best suits your needs.

    84. Re:Count me as a fellow Lone Coder by Sloppy · · Score: 1
      The problem with providing services, is that you have to work and think and stuff like that. You can't just sit at home in your underwear all day, drinking beer and watching TV, while some salesman that you've hired, keeps selling your same old work, over and over again.

      Free market efficiency is such a bummer!

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    85. Re:Count me as a fellow Lone Coder by mdwh2 · · Score: 1

      But this problem applies to commercial software, not just GPL - you're not free to use a random company's library either, unless they're willing to sell it to you under some conditions.

      So this applies to anything other than things like BSD or public domain software. But hang on - you're arguing from the point of view of releasing commercial software yourself! Are you seriously suggesting you should have the right to use other people's work, and then sell it in a form that prevents other people using your work freely? Or have I misunderstood your point?

    86. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      only to derivative works of other works that you would not have any right to incorporate without the GPL

      No, you would have the right to incorporate if the software was released under a free license, like the BSD/x11/etc. The fundamental difference is that you have fewer rights under the GPL than with other open source licenses.

    87. Re:Count me as a fellow Lone Coder by mikechant · · Score: 1

      The problem in question here, and I tend to agree, is with the idea that you don't use software which isn't GPL even if you don't need to modify the code, know how to modify the code, or really care much about modifying the code. The problem is in essence zealotry.

      Not necessarily true. Considering the open source aspect specifically along with the right to modify this source:
      You might not *currently* need to, care about or know how to modify the code. But knowing that the source is freely available and having a copy gives you an insurance policy.
      If, at some future date, the software company goes out of business, stops developing the product (possibly to try to 'force' you onto a more expensive/less suitable product), or stops supporting the hardware or O/S you need supported, having the source ensures that you at least have a chance to carry on using the product indefinitely, even if you have to pay someone to fix it or whatever. In the equivalent case with closed source, you could well be completely stuffed.
      Source escrow can solve part of the closed source problem (company backruptcy or possibly breach of contract) but not the other cases I cited.
      That's not to say that closed source is never the best option in any case; but its very nature does constitute a business risk if you are relying on it, so I would say that for this reason alone when all else is equal between two products, the open source option is safer.

    88. Re:Count me as a fellow Lone Coder by mikechant · · Score: 1

      Don't have it available for download (RHEL anyone?)

      Well, in fact RHEL *is* effectively available for free download in binary (and source) format. Whitebox Linux http://www.whiteboxlinux.org/ is RHEL with the logos, trademarks etc. of Red Hat stripped out.

    89. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      you can offer streaming or downloadable music on the Internet or within any LAN

      Well, there's your problem. I'm not saying this to be mean, I'm giving you constructive criticism. Where's the innovation? "downloadable music"? That's called a hyperlink, they've been around for a while now. I think any web developer, even the ones that have no idea how to code, can spit out a list of hyperlinks for a directory of music. There have also been free ways to stream music for ages. Icecast springs immediately to mind. I'm not saying your code doesn't make it easier to do these things, and I'm sure your code is smart and slick and the output looks pretty. But honestly, someone who paid for your software either A) Is supporting the "lone coder" for the sake of supporting the "lone coder" as some sort of statement, or B) Knows less than nothing about available software, or streaming music, or networks. My guess is the only people who pay you for this belong to group B.

      I started developing a program for Windows (long ago when I used Windows), that would delete all of the crud Microsoft didn't want the user to delete (like index.dat files) on boot. It also deleted known spyware, adware, all junk files on the entire disk, etc. Basically you ended up with the equivalent of a fresh Windows installation on every boot, with all of your personal files and settings intact. No matter how cool it was, no matter how hard I worked on it, no matter how smart the programming was to do all of this, it wouldn't sell. Am I going to compete with Ad Aware and Spybot? Clean Sweep and it's ilk? Could I? No, not unless I gave it away, and maybe not even then. It wasn't innovative enough. The fact is, it was a convenient and new way to do something you could do for free, just like your app. Sometimes you have to face the facts and cut your losses. I have now embraced OSS, support it, and it's now all I write on my own. I'm lucky enough to get paid to write programs by a company during the day.

    90. Re:Count me as a fellow Lone Coder by mrchaotica · · Score: 1

      Do you have any idea how many GPL text editors (and window managers, and...) there are out there?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    91. Re:Count me as a fellow Lone Coder by mengel · · Score: 1
      Once again, free as in beer is not what free software means.

      The free software movement says (as well as any such loosely defined group can be said to say anything) that people should get paid for writing, distributing, and supporting software, but that the software itself should not be restrictively licensed -- i.e. the customer should be able to make changes, (or hire someone else to make changes) to the software if they choose. The reasons to go back to the original author for such work are:

      • He/She knows the code better, and so can do the job more quickly and efficiently
      • you got such good support from your initial efforts with the software you want to go back to them for more.
      As opposed to the Bad Reasons to go back to a software vendor:
      • if you want someone else to do a similar package they'll have to start from scratch
      • if anyone else modifies the software, the original vendor will sue you into bankruptcy and beyond.
      Yes, some people take advantage of the license to simply get the software without paying for it. But then they don't get good support. And sometimes they send you improvements for free, so you have a better product to provide to your paying customers.

      The point is, if you aren't providing support, documentation, etc. the software isn't worth much anyway. And if you are providing support, charge for the support. But don't leave people in the position where if you go out of business, or stop working on a given package anymore, they're S.O.L. because only you can modify the code.

      --
      - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    92. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      "i.e. a suit can't come along and steal my stuff right out from under me."

      They can't do that under the BSD or Apache licenses either. Your software instantly becomes more free, too.

      "I see the GPL as something that protects developers from corporate villany."

      No. What it does is it makes it harder for commercial companies to distribute their patches -- they cannot publicly improve the software because of the GPL, much of the time.

    93. Re:Count me as a fellow Lone Coder by Zeriel · · Score: 1

      Actually, he pretty much makes it clear where he wants free software to come from--other idealists like him, who also think software should be free.

      So far it seems to be working out for them--they've got two seperate operating systems, maybe you've heard of them, and a freakin' large pile of tools.

      Nothing here seems to indicate he's wrong about anything so far. =P

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    94. Re:Count me as a fellow Lone Coder by strAtEdgE · · Score: 1

      ...and competing with the GPL is like competing with Microsoft.

      Perhaps you should be writing software that builds on top of GPL software, rather than building parallel to something that exists?

      I am a lone coder within the engineering department of a large company, writing in house software, and with GPL software like Linux, Apache, and Perl with my base, that is exactly what I do. The point of GPL software is to give guys like us a base to start building from, so we don't have to keep writing the same basic tools over and over again.

      --
      ----- sXe
    95. Re:Count me as a fellow Lone Coder by gbjbaanb · · Score: 1

      Let see what you said:

      Look. The GPL ONLY applies to code that is released under it.
      Yes, but that applies to every licence ever invented. My code, I do what I want with it. I get to choose.

      YOUR code, if you choose, can be released under whatever licence that YOU choose.
      Now, in the context of the GPL... I CANNOT choose. I have to go GPL if I have anything at all to do with GPL code being involved in my changes.

      What you can't do is mix your code with GPL code in a single application under any other license but the GPL.
      Exactly my problem. Its a restrictive licence. It takes away my ability to choose any relevant licence. I HAVE to 'choose' GPL.

      Now, I'm all for open source, but I don't release my stuff under the GPL because I want to give it away. Fro all things, I stand on the shoulders of others that have gone before me, I'd like to keep doing that. But with the GPL, there are many times where I cannot leverage the 'free' code because my boss won't let me use it, or I don't want to give all my hard work away for free (sometimes this is appropriate). In all such cases I have to find alternatives - the GPL free and open and use-me-all-you-want-I-give-to-society isn't any use to me all of a sudden. That's bad because people don't get the benefit of open source any more.

      I dislike the GPL because of that - no matter what the circumstances, it decides what's best.

      I release most stuff under BSD (though another reply suggested Apache/BSD licence), and I have released 1 thing as QPL - why? because I want the changes anyone makes to be sent back to me. (do what you want with the code, but let me know what you did to it).

      Example, if someone took my QPL code, made changes and released them under the GPL.. I wouldn't be able to incorporate them back into the original without changing the licence to GPL!

      I know I've used the commercial-software angle to explain why GPL isn't so good, but most people would return contributions anyway (as they do even with the GPL forcing them). Those that won't, will ignore the GPL today and hope you don't find out, so its not like GPL is required for free software to work.

      Anyway, rant over. Maybe I just don't like licences telling me what I can and can't do with my work.

    96. Re:Count me as a fellow Lone Coder by YellowBook · · Score: 1

      YOUR code, if you choose, can be released under whatever licence that YOU choose.

      Now, in the context of the GPL... I CANNOT choose. I have to go GPL if I have anything at all to do with GPL code being involved in my changes.

      Still, not true. Your code, which you wrote, can still be released under whatever licence you like. You just can't release any GPL'ed contributions under another licence, nor any of your code that is derivative of those contributions. But you certainly can keep parallel trees for GPL and non-GPL development. Have a look at the Ghostscript licensing, for an example.

      --
      The scalloped tatters of the King in Yellow must cover
      Yhtill forever. (R. W. Chambers, the King in Yellow
    97. Re:Count me as a fellow Lone Coder by Phragmen-Lindelof · · Score: 1

      Red Hat Enterprise Linux is costly For university faculty, RHEL is very inexpensive. Our IT person put RHEL on my AMD64 box even though I use Gentoo almost exclusively. (The department's laptop I took to Australia had Fedora Core 2++ (essentially 3) and it worked very well.)
      My history may be incorrect but my impression is that Red Hat started with Linux and tried to find a business model that worked; I do not think they looked over the available software and picked the "best" (w.r.t. making money) one. This is interesting:
      Interesting quote from Red Hat's June 4 SEC S-1 filing:
      WE RELY ON THE SUPPORT OF LINUS TORVALDS AND OTHER PROMINENT LINUX DEVELOPERS
      Our ability to release major upgrades of Red Hat Linux is largely dependent upon the release of new versions of the Linux kernel by Linus Torvalds, the original developer of the kernel. The Linux kernel is the heart of the operating system. Mr. Torvalds and a small group of engineers are primarily responsible for the development and evolution of the kernel. If this group of developers fails to further develop the Linux kernel, we will have to either develop it ourselves or rely on another party to develop it. This development effort could be costly and time consuming, and could delay our product release and upgrade schedule. Furthermore, there is no guarantee that the kernel would be available from a reliable alternative source. In addition, any failure on the part of the kernel developers to further develop the kernel could also stifle the development of additional Linux-based applications. Moreover, if Mr. Torvalds or other prominent Linux developers, such as Alan Cox, David Miller or Stephen Tweedie, were to join one of our competitors, or if they were to decide to no longer support us and our products in particular, or Linux in general, our business, operating results and financial condition could be materially adversely affected.
      --
      James Love
      Consumer Project on Technology
      http://www.cptech.org
      love@cptech.org
      202.387.8030; fax 202.234.5176

    98. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      you could think them up as easily as me

      "as easily as I" (that is, if you mean "as easily as I could", and not "as easily as you could think me up").

    99. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      At least time won't be wasted repeating the same thing all over again.

      Yeah, because repeating it once is quite enough.

    100. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      in it's purest form

      "its".

    101. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      you'll fit right it

      "in".

    102. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      Perhaps you should be writing software that builds on top of GPL software, rather than building parallel to something that exists?

      Yes, as a closed source developer that's what I would often like to do (e.g. build on top of standardized libraries) but the GPL's requirement that I open the source to the entire application effectively forces me to engage in parallel efforts. See this post above.

      I am a lone coder within the engineering department of a large company, writing in house software,

      For for in-house software the GPL is ideal. It doesn't matter that it forces you to make all your source code available to your users, since you're probably doing that anyway.

    103. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      will refuse to sell you a license no matter how much you offer

      That's not always true. If anyone wanted to license any of my GPL software, I would be happy to provide a separate, non-GPL license if the money was right. Now, this can get complicated when many people have worked on a piece of software, but if it was written by just one person, there should be no problem. Note that the GPL does not restrict the original owner of a piece of code from issuing a separate, non-GPL license for it.

    104. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      it's intended use

      "its".

    105. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Please don't post using a monospaced font. It's very annoying.

    106. Re:Count me as a fellow Lone Coder by Craig+Ringer · · Score: 1

      Arrggh!

      Thank you James (or, failing that, thankyou AC).

    107. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Please stop posting with a monospaced font. It's very annoying.

    108. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Please don't post using a monospaced font; it's very annoying.

    109. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Please stop posting with a monospaced font; it's very annoying.

    110. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      Please don't post using a monospaced font; it's annoying.

    111. Re:Count me as a fellow Lone Coder by Simon+Brooke · · Score: 1
      I'm a fellow lone coder.

      <aol> Me too </aol>

      ...I'd say that the GPL ... generally make it tougher to make a living.

      And I'd say that the GPL is the one thing that guarantees we'll continue to be able to make a living. The GPL and keeping software patents out of Europe are the two things... Sorry, I'll come in again.

      No-one expects the Polish Opposition!

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    112. Re:Count me as a fellow Lone Coder by Anonymous Coward · · Score: 0

      and will refuse to sell you a license no matter how much you offer

      False. See question 2.

      As for the rest of your post: Like most modern corporations, you seem opposed to competition. It is a shame that corporatists like you have lost sight of the meaning of free market capitalism (in which competition, of all types, is sacred). It is causing the fall of the American empire. You sicken me.

    113. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      But this problem applies to commercial software, not just GPL

      Which was sort of my point, since I was arguing that these problems apply not only to commercial software, but also the GPL- in contrast to what most people think about the GPL. Not only do people equate the GPL with the public domain, not recognizing it as a proprietary license, if you read this thread you'll see that many people are under the impression that the GPL is the only free license there is.

      - you're not free to use a random company's library either, unless they're willing to sell it to you under some conditions.

      Yep. People mistake it for the public domain, but the GPL is just like a commercial license from a random company. Except a company might sell you a license. The GPL does not negotiate or compromise- it wants you to open source the entire application if you link to a GPL library, and that's it.

      Unless you can get hold of the author, and he also releases it under a separate commercial license. This is one case where the GPL actually works out. I've negotiated purchases of commercial licenses from authors of GPL software before. In that case the GPL doesn't get in the way. Unfortunately in many cases there is no one around with the right to negotiate a separate commercial license, since hundreds of people have tweaked a line of code here or there.

      Are you seriously suggesting you should have the right to use other people's work, and then sell it in a form that prevents other people using your work freely? Or have I misunderstood your point?

      Yes- a form that prevents other people using my work freely. When people say stuff like what you just said, they're typically thinking of a case like where someone builds a super duper XML tool based on a few lines of code added on top of a GPL-ed XML library. Usually I'm writing some other type of tool- a financial or scientific application- and I just want to do something like load and save preferences from a config file, maybe in a way that's compatible with some GNU application.

      It's not unreasonable for me to link to a library and not be forced to open source my entire application. Most free software licenses allow this, because they are not in fact proprietary licenses like the GPL.

    114. Re:Count me as a fellow Lone Coder by Hiro+Antagonist · · Score: 1

      As I'm someone working on getting started with my own little one-man (well, plus a little help, here and there) software company, the question as to whether or not to allow my customers the ability to modify software is something I've been thinking about a lot.

      On one hand, I think it's a great idea; I mean, I'm not worried about giving my customers access to the source code, because if someone else decides to infringe on my copyright, I can deal with things from a legal perspective, and businesses (my primary market) are loathe to avoid legal entanglements. Basically, I think I can count on my customers to, by and large, do the Right Thing and follow the legal requirements set down in the license -- namely, my small fee for service, support, and updates.

      On the other hand, I am worried about having to support a customized installation. If I release version Foo, and a customer makes substantial changes to Foo for their site, and then wants support, I don't want to have to tell them that there's no way I can do anything for them, other than point them to the pile of documentation that I've provided. I'm considering adding an extra tier to my licensing model to cover this; a sort of VAR-type tier, where you can modify and redistribute the code, but whrere (a) I still get the basic license fee for working on the central codebase, and (b) it is explicitly understood that I can't provide any 'standard' support, although I will make programmer-consultant services available for a reasonable fee.

      Anybody else have good suggestions for dealing with a business-geek who wants to give his customers access to code, but who doesn't want to end up in the quagmire of supporting a thousand hacked versions of his software?

      --

      --
      I Hit the Karma Cap, and All I Got Was This Lousy .sig.
    115. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      Yes, I've bought licenses from GPL authors. That's not the case I was talking about though.

      The worst case is when a library with multiple authors does not implement a difficult piece of functionality but merely establishes a standard way of doing things, and a GPL license is slapped onto it. Effectively this creates a closed implementation standard.

    116. Re:Count me as a fellow Lone Coder by Salsaman · · Score: 1
    117. Re:Count me as a fellow Lone Coder by MillionthMonkey · · Score: 1

      False. See question 2.

      Sorry, that's a case of an author offering a separate commercial license.

      It is a shame that corporatists like you have lost sight of the meaning of free market capitalism (in which competition, of all types, is sacred). It is causing the fall of the American empire. You sicken me.

      "Corporatists like me?" LOL

    118. Re:Count me as a fellow Lone Coder by Lisandro · · Score: 1

      Basically, you're paying nothing for top quality developement tools, never mind the rest of the software you use every day. No licenses, no fees, nothing. GCC is a top notch compiler, and the little coding i did over Linux was a joy; it's a great OS to write software for. He stated that coders would still be needed (and cherished), only not paid as much as they used to.

      All of this is debatable, of course, and i feel that OSS benefits paid programmers the least. But, anyway, that was his argument.

    119. Re:Count me as a fellow Lone Coder by mdwh2 · · Score: 1

      Fair enough - it's certainly true that GPL isn't as free as some licences.

      Yes- a form that prevents other people using my work freely.

      As for libraries, as others have pointed out, there is the LGPL which allows linking from closed source applications, and IME seems to be fairly commonly used instead of the GPL. So yes, it's true that the GPL is a bad choice for libraries, but this is an entirely different thing from saying that the GPL in general is a bad licence, as someone suggested higher up in this thread.

      Even so, your arguments of wanting to use GPL software, such as not wanting to reimplement things, apply equally to someone who might want to reuse your work, rather than having to reimplement it from scratch. But you're not letting them, under any circumstance (where as at least the GPL allows people to reuse the work under some circumstances).

    120. Re:Count me as a fellow Lone Coder by lisaparratt · · Score: 1

      I'd debate practically every point, personally, but that's probably due to my odd choice of computer system (SGIs - GCC on MIPS/IRIX is awful) and my career in embedded systems (various platforms where GCC isn't available, Linux isn't suitable due to licensing, latency, etc.).

      Personally, I like having a proper IDE, which open source doesn't provide very well for custom platforms. When real money is being spent on a product, paying for tools is often cheaper and gets a better product than paying someone to hack an open source alternative to fit in the time available.

      As you say, the benefits to paid programmers are minimal. Unfortunately, managers think it's a panacea, and therefore it often makes life harder, which is not good. Either that, or you don't get paid because they *do* manage to bodge an open source solution into the gap, which is even worse.

      Anyway, I'm waffling, so I'll stop here.

    121. Re:Count me as a fellow Lone Coder by kelnos · · Score: 2, Informative
      Now, I'm all for open source, but I don't release my stuff under the GPL because I want to give it away. Fro all things, I stand on the shoulders of others that have gone before me, I'd like to keep doing that. But with the GPL, there are many times where I cannot leverage the 'free' code because my boss won't let me use it, or I don't want to give all my hard work away for free (sometimes this is appropriate). In all such cases I have to find alternatives - the GPL free and open and use-me-all-you-want-I-give-to-society isn't any use to me all of a sudden. That's bad because people don't get the benefit of open source any more.
      Well that's too bad for you then. Basically you're saying that you want to release *your* code however you want, but you don't feel that people that release GPLed code should have the same right. They've decided that they want their code to always remain open. They don't want it incorporated into a proprietary product. Who are you to be pissed off at them? All you're showing is that you don't want to respect another coder's licensing terms, and "steal" his/her code to incorporate into a piece of software that could become proprietary/closed-source.
      Maybe I just don't like licences telling me what I can and can't do with my work.
      If you have a BSD licensed program, and you want to incorporate GPLed code, you can: you just have to license the *collective work* as GPL. The collective work is no longer *your* work. You're doing the release, but the entire package does not belong to you. If you want to use someone else's code, you have to listen to what they say you can and can't do with it. If you don't like it, then don't use their code.

      At any rate, all of *your* code is still BSD, and if someone wanted to create a BSDed fork of your code, they'd only have to remove the GPLed code and either leave the functionality out, or write (or obtain) a BSDed implementation. If you later find some BSDed code that does the same thing the GPLed code does, you can simply swap them, and you suddenly can release the entire package as BSD, not just your portion of it. Note that this does not somehow make the *collective work* "your work", but it does follow the licensing agreement of all the component parts.

      I'll easily agree with you that licenses like BSD, MIT, the old X11 license, etc., are more "free" than GPL. Personally, all of the code I release is GPLed (or LGPLed). I'm selfish. Some of us want to maintain a little more control of our code.. Is that so wrong? Is it so wrong that we've put hours of our free time into some of this stuff, not getting paid one whit for it, but still want some amount of control over what people do with it? You apparently don't care what people do with your code, and I applaud you for being so selfless. But some of us do, and as long as we have some form of copyright law, you are bound to respect that.
      --
      Xfce: Lighter than some, heavier than others. Just right.
    122. Re:Count me as a fellow Lone Coder by Lisandro · · Score: 1

      Well, keep in mind that is in an ideal world where most of the software is OSS in some way or another. Even while i don't agree with some parts of his thinking, the world is moving (slow but steady) towards a future where most desktop software will become a comodiy, and, well, if you write those you'll just have to adapt. And there'll always be work to be done in consulting and custom software.

      Your career in embedded software won't suffer a bit though ;)

    123. Re:Count me as a fellow Lone Coder by jdybnis · · Score: 1

      Each developer chooses the conditions they want to license their own work under. That's how it should be.

      What I do have a problem with is closed source programmers who complain that they can't make a living because some open source programmers are creating free software that does the same thing.

    124. Re:Count me as a fellow Lone Coder by jdybnis · · Score: 1

      And you've missed the point that I was replying to. :)

      The parent of my post said:
      This isn't going to be a popular sentiment here, but I'd say that the GPL and P2P generally make it tougher to make a living.

      That poster is probably right, the existance of competing GPL'ed software does make it harder for him to make money from his software. That is what I was responding to. I wasn't trying to argue that he should GPL his software.

      But by lumping the GPL together with P2P (I assume he is talking about software piracy) implies some wrongdoing on the part of open source developers. It isn't there directly, but the implication is there that open source programmers shouldn't be distributing software for free because it takes food out of the mouths of other programmers. (as if open source programmers were essentially distributing pirated software)

    125. Re:Count me as a fellow Lone Coder by LoztInSpace · · Score: 1
      Anybody else have good suggestions for dealing with a business-geek who wants to give his customers access to code, but who doesn't want to end up in the quagmire of supporting a thousand hacked versions of his software?
      If you intend to allow them to change it then you can't avoid the problems you mentioned. How can you?
      You could try making the functionality more data-driven. That way you can release one immutable version that has varying behaviour depending on the set up rather than code. Depending on the language, you could also provide hooks where it can call custom classes/dlls or whatever I suppose.
      Whatever happens, once you give away the code with a view to them changing it you've lost the game. You may want to consider if your product is really meeting their needs if you find yourself with a custom installation per site.
      Why not look beyond the code? Analyze the needs of your client base and produce a single version that encompasses all their needs. You'll need to take on more of a business analysis role here. Perhaps it's time to expand...?
      Good luck, whatever you decide.
    126. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      I don't have a problem with their complaints; if they make the closed-source guys feel better, if they find their complaints comforting, where's the harm?

      It won't stop me from using open-source, of course... Open source is better and so, it's in our best interest to use it. Anyone who doesn't use open source is limiting himself.

      But on the other hand, I think we should show a little sympathy to the people who are having a hard time, and not act like their difficulties don't matter. It IS hard to compete with open source. It's rough. They deserve our sympathy, if not our business.

      All I'm saying is, we shouldn't act as though the developers don't matter. We shouldn't use open source with a "fuck the proprietary developers" attitude; we should use it with a "we prefer it, but we have no hard feelings towards you guys" attitude.

      A lot of users have a really nasty "fuck you, give us our free stuff" attitude, and it's rotten. If they want to use open source, there's nothing wrong with that, but they should drop the attitude and make it a coolheaded business decision.

      See what I mean? It's just a nicer way of doing things. And, there's room for some proprietary guys in the mix. There's room for everything, really.

      --
      Farewell! It's been a fine buncha years!
    127. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      I think I agree with your commoditization argument. There really aren't that many areas left in which you can come out with something new; pretty much everything people need and use regularly has already been developed. Pretty tough to come up with something new, and the existing software is already almost perfect...

      With people's needs basically already met, there's nothing left to buy. And, I (for instance) can get everything I need in a single 89.00 box of SuSE Linux, or a free download from Slackware.

      Lone coders aren't dead by a long shot, but SELLING software probably is, unless you're selling distributions (or you're one of the proprietary companies, but they're going to have to change their business model sooner or later).

      I don't think there's anything wrong with any of this, I think it's a natural progression. My only problem is with the meanness I seem to be seeing in people, the aggressive attitude towards anyone who tries to sell their work. It doesn't seem nice, you know? I think they deserve a little slack, God knows they've got it rough these days.

      As far as lone coders go, here's what I think we're going to be doing: custom applications for ourselves, which people might find intriguing and want to acquire. Tiny little micro-communities in a specialized, weird application set. Just a thought. ;)

      --
      Farewell! It's been a fine buncha years!
    128. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      I think we've got a misunderstanding here.

      I am absolutely all for GPL'ed software, primarily because it protects everyone's rights (including the developer's). And, I agree that the REAL open-source community believes developers should be able to earn a little money from their work, from support and etc. But the REAL open-source community is composed of other developers, who understand what it's like to try and write code.

      My complaint is mostly against the non-contributing users who use open source only because it's free (as in beer). I hear a lot of people getting really nasty, acting like programmers are evil/bad because they want a few bucks for their work. It's wrong, especially coming typically from an end-user who doesn't supply patches, doesn't build anything himself, isn't anything more than an annoying baby bird with his mouth open, cawing at us "FEED ME! FEED ME!"

      I agree with you completely about open source. I try to use open source as much as I can, and I'm trying to build something I hope people will find useful (I'm going to put it on SourceForge when I get it built). I want to contribute, and I will; but I still sympathize with the closed-source guys.

      I'm getting off track; basically all I was annoyed about in the parent or grandparent post was that people always seem to take this cavalier "fuck the programmers" attitude, and it's kind of harsh. I think programmers deserve our sympathy, even if we choose open-source over their stuff. They've got it rough these days.

      All I'm saying is, what's up with all the bitterness?

      --
      Farewell! It's been a fine buncha years!
    129. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      Oh; I think I understand. Well, you're right there. I didn't get the GPL-P2P connection, either. I thought that particular argument was kind of bizarre.

      I have kind of a weird, dual/schizo position on the whole "taking money from the mouths of programmers" thing. Here goes:

      As individuals, I think we should use open source whenever possible because it makes more sense. Stallman's freedom argument is right on the money: it's about our individual freedom to use a tool we depend on. It's also about the programmer's freedom to insure that his work can't ever be taken away by some corporation with a patent portfolio.

      On the other hand, open source makes it impossible for a small developer to really make any money off his work. He won't have the resources to offer support contracts. No one is really going to hire him to modify the software -- most software is perfectly useful as-is, and any desirable modifications will be done quickly by other open-source developers and re-released. If a small developer releases something proprietary (I wouldn't recommend it, but a person might try) he'll either get crushed by a corporation or an open-source version will be written and replace his in the market. So it's kind of rough. And it's not like there are any jobs left in the IT industry... Everything's getting outsourced. It's so sad, you know?

      As a developer, I feel sorry for my fellow developers and for myself. I resisted open-source for a long time, wishing I could figure out a way to put out some software and become independent (no boss, no outsourcing worries)... But in the end, considering all the angles, I decided open-source was the best of all worlds, for developer and user alike.

      So I'm pro-open source, but I'm strongly sympathetic to small proprietary developers, I feel for them deeply. The way I see it, we should use open source, but at the same time, we should show sympathy for the proprietary guys who've got it rough. It's not OUR fault, mind you, but that doesn't preclude sympathy...

      Anyway, I think we're of similar mind on this issue... Fun conversation, though, eh?

      --
      Farewell! It's been a fine buncha years!
    130. Re:Count me as a fellow Lone Coder by letxa2000 · · Score: 1
      All fine and good. But if you're only one person you quickly run into the same problem where all your time is spent on support and little or none on new product development. The fact that you offer a support contract might make it such that you aren't completely giving your time away, but there are still only 24 hours in a day and every support hour is one less development hour.

    131. Re:Count me as a fellow Lone Coder by Eskarel · · Score: 1

      This is true, and I should have been clearer, but this is just an additional example of people who need the code. This doesn't change the fact that there are a large number of people who believe that the GPL is the be all and end all of software licenses and refuse to use anything which doesn't use it.

    132. Re:Count me as a fellow Lone Coder by jdybnis · · Score: 1

      Yeah I think we see the same things here.

      But I don't think the situation is as completely hopeless for the lone coder. There is still a place for closed source apps serving a niche. Something small enough that you can keep in touch with your end users' (or user's) needs. The "threat" of open source is only a problem for if you aren't doing a good enough job in the areas open source excels. I don't think people are inherantly adverse to paying for software if they feel you are providing them a service and not just milking them. But once the niche is too large for you to provide that service on your own, users will look at open source as a way of getting the software they really want.

    133. Re:Count me as a fellow Lone Coder by gbjbaanb · · Score: 1

      Basically you're saying that you want to release *your* code however you want, but you don't feel that people that release GPLed code should have the same right. They've decided that they want their code to always remain open.

      just one point here - I only want *my* changes to be released under my licence. The GPL code still gets published as it was, and I would never thnk of changing that. My problem is that when you release under the GPL you don't want control of your code, but of mine too! That ain't on. Just as you choose what to do with your code, I want the same right.

      This really applies when I create something that uses a GPL 'library' that comprises a very small part of my project, it contributes a tiny amount, yet the entire work is suddenly GPL. Not good for free software, and thank goodness most of the really common stuff is BSD (maybe that's not so much a coincidence)

      GPL doesn't really give you any more control over it - I can do what I like with it, as long as the result is GPL too. I do care what happens to some of my code, but the stuff I give away, I want to really give away.

      I just think the world would be better for using the free licences instead of the GPL. And fewer people arguing over whether the GPL is good or not. :)

    134. Re:Count me as a fellow Lone Coder by mengel · · Score: 1

      That's a question I can agree with.

      --
      - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    135. Re:Count me as a fellow Lone Coder by crazyphilman · · Score: 1

      Hmm... Yeah, I'd agree with that. Hard to find such a niche, though. I think I've got one, but I'm going open source with mine. I'm using Java, so if I'm careful I might be able to get it to run on everything. :)

      --
      Farewell! It's been a fine buncha years!
  57. core development team by Bellyflop · · Score: 1

    Most major software programs are developed by a small core development team with a lot of other developers adding the fluff. Doing it solo might be tough but it's not impossible if you have a novel idea. If you're trying to compete with a big software company in a space in which they already have a well accepted program, you're going to have a tough time doing it. However, if you have an original idea, you shouldn't have a ton of problems. You don't have to worry about the number of patents being granted, but you do have to worry about the number of defensible patents being granted. If your idea is novel enough, you shouldn't have too many problems. Besides, the big guys know there's a lot of money in buying your product and marketing it. More than there is in taking down a small company with very few assets.

  58. I'm a lone coder! by Anonymous Coward · · Score: 0

    I'm a lone coder, too. Not only that, but I do all the artwork for my software. You have to be pretty agile to come up with some good, original ideas. Check it out:

    http://www.empiresofsteel.com/

    1. Re:I'm a lone coder! by brit74 · · Score: 2, Insightful


      (Just logged in) I'm a lone coder. As I said, I also do the artwork for the game software I'm writing (fortunately, I'm capable of doing a good job). Patents aren't really a concern for me since I'm doing a variation on a wargame theme. If I were doing something very new, innovative, and lucrative, however, I would be more concerned. It's possible to make decent money as a lone coder and still stay off the radar screens of the corporate lawyers.

      Someone else mentioned that lone coders don't have enough money to do marketing. I suppose that may be true in many cases, although it is possible to get a publisher and still be considered a "lone coder" (although publishers bring their own source of headaches).

      There is also the issue of getting the software to market without it looking dated. I don't think this is a huge problem unless you are trying to create a very cutting-edge game which competes with the likes of Doom3. The longer time-to-market that a lone coder (sometimes) requires is mostly a problem from the perspective of competition getting there first. So, lone coders can benefit a great deal by finding new variations on a theme. If you have an idea that is obvious (like 3d massively-multiplayer games were before the advent of Everquest), then the lone coder is going to get to market too slowly to compete.

      To underscore the point that lone coders can bring a good product to market, take a look at my software: http://www.empiresofsteel.com/

  59. Not Dead, But I Smell that Way by Lucas+Membrane · · Score: 2, Insightful
    Several things have lessened the role of the lone coder down to just about nil:

    1. Marketing costs are high and price per unit that users are willing to pay are not high. Unless you've got way into six figures to for advertising and marketing, forget about getting your sales out of two figures.

    2. This means that you've got to sell high-priced apps. And the best shot at these would be business-specific custom or semi-custom apps for medium-sized companies (big companies have IT shops to write their own custom apps). I used to do pretty well at that sort of thing. Unfoturnately, medium-sized businesses usually by now have some fool who can do just about as good with Excel or Access as you can do with whatever you lone code with. So why wouldn't they let their in-house code monkey enjoy a little job enrichment by writing the app instead of paying you thousands of dollars to write it?

    3. Computers are everywhere now, and everyone knows of their risks. Few companies will trust a lone coder with anything important because of all the computer risks associated with 1-man project.

    There are still a few that do it, but most of the ones who I've known to be successful in the past are moved on now.

    1. Re:Not Dead, But I Smell that Way by mlilback · · Score: 1
      1. Marketing costs are high and price per unit that users are willing to pay are not high. Unless you've got way into six figures to for advertising and marketing, forget about getting your sales out of two figures.
      You must be assuming shrink-wrap software. My business is on target to make 6 figures/year on software sales sometime next year and aside from trade shows (which always pay for themselves), I haven't spent even 5 figures on marketing. And while I've hired other employees, I've still written over 99% of the code.

      The secret is either making something truly innovative or finding a market niche that isn't being effectively served. Look at Audion (two coders, which is close enough to a lone coder). They got a buyout offer from Apple, turned it down, and still had a successful product.

      Maybe you can't succeed in the windows/linux worlds, but I know a lot of sucessful Mac software shops that started as a lone coder and still have < 5 programmers.

      And it is even easier to succeed if you still do contract programming to make up the difference while you get off the ground. I'm down to 40 hours a month or so right now, and should be able to eliminate it next year (but I'll probably still keep it at a low level for a while as I enjoy the variety and it is steady money).

    2. Re:Not Dead, But I Smell that Way by Anonymous Coward · · Score: 0

      On the other hand, I know of people selling one-man code that never would have been marketed or sold except for Google Ad Words and Kagi credit card processing. In some ways, a single person on a shot-in-the-dark budget (a few thousand in savings, working evenings and weekends while keeping a real job) can do things that used to require a full blown company with a lawyer and accounts to do.

      It's true that a lot of custom business coding has been replaced by non-programmer VB scripting and Excell macros, that's what always happens -- what you need a guru for now, everybody can do in 2 years, that's the industry. Right now the key is to offer to take that custom business logic and integrate it into a web-based platform, which keeps all the key business data in a postgres database instead of on the desktop at the mercy of every virus. In two years, that will also be old hat.

      And one-man operations have always had more risks, but lower costs and for some things higher payoffs, than multi-person organizations. A small company which has a single-person outside accountant, a single-person outside lawyer, one sales guy who has their potential client list in his head, one machinist who has run their ancient first-gen CNC mill for 15 years, etc, has no problem hiring one guy to write some code. They might take out insurance on your death, or have you do a code review with someone in the company who is an ex-programmer, and they deal with it. They always have. Nothing about single-person dependancy has changed in business in the last 300 years.

  60. WRong.. patents apply no matter what. by mindstrm · · Score: 1

    The patent still applies to you.. the damages for past violation are just reduced significantly (because you were not willfuly violating the patent)

    You will still have to reckon with the patent holder once they find out, which means stopping distribution or royalties or whatever. If you have an ongoing business model based on this, it means you will likely end up paying regardless.

  61. Patrick (slack) aint dead you insensitive clod by Anonymous Coward · · Score: 0

    Patrick (slack) aint dead you insensitive clod !

  62. Hah, 1-click, i.e. "Business Methods" patentable by EMIce · · Score: 1

    And you won't be able to "hide" that in your code. What rock have you been under?

  63. True story by Anonymous Coward · · Score: 0

    (Posting AC because I don't particularly like people knowing how much money I make). I am a 22 year old student who has just finished my undergrad degree in Computer Engineering at a Canadian university. Although I have not made a career out of coding, I can tell you that this year I have made 30,000 USD from my software work. And this is while taking courses as a full time student. Seems to me there is some money out there.

    1. Re:True story by Anonymous Coward · · Score: 0

      Oh, forgot to add the vital bit: yes, I work alone and the money is net of accounting and legal expenses. Some of this money has come from open source work - special funding to add features for customers.

  64. Yes. by zerdood · · Score: 0

    How can one (wo)man ever hope to compete with legions of coders working together?

    --
    My sig would have been a lot cooler if /. didn't filter out HTML tags 0.o
  65. Naught Quite Dead Yet! by blueZhift · · Score: 1

    I sure hope the lone coder is not dead yet! After being downsized/outsourced, whatever, a few years back, I decided to hang my own shingle. Haven't made any money yet, but I'm having a pretty good time and I have a pretty good day job now too. There's still room for the lone coder, but you have to be truly innovative which is a lot of work! But if you come up with that one great idea or different take on things, then the little guy can really clean up. Well that's my dream at least! Of course, right now I'd settle for beer money. ;)

    But like they always say, don't quit your day job!

  66. Gosh I hope not. by Shayde · · Score: 1

    I'm one of those myself. I'm a one person software company trying to make it with my own product and services. I can't say that hte current environment is better, worse, or the same for the 'little guy' trying to get a leg up in the world. Starting a business anytime where you don't have a financial cushion is difficult.

    Mnay of the tech folks were spoiled with the dotcom boom, where anyone with even half an idea would have VC's falling all over themselves to contribute money. No more - now you have to spent the time and money to have a solid basis.

    I've managed to get some things starting doing the work full time / and code at night approach. After that it was consulting part time while finishing up the code, and now it's about 80% my business, and 20% consulting. But this has taken almost 3 years of pretty solid workl, not to mention some serious loss of social life, money, and income.

    Putting out your own shingle is not for the faint of heart no matter what your business. But stick with it, work hard, and you can succeed.

    (of course, i have to plug my business in a post like this :)

    --
    Event Management Solutions : http://www.stonekeep.com/
    1. Re:Gosh I hope not. by bigberk · · Score: 1
      I'm one of those myself. I'm a one person software company trying to make it with my own product and services
      this is what i do to, my company develops spelling check and gramar programs for business, things have been slow lately but eventualy things will pick up in this post 9-11 marketplace!!
  67. Setup a freaking corporation! by Bombcar · · Score: 3, Interesting

    With lasers on its head!

    No, really. If you incorporate (for $800 or so), then the worst that can happen is that your little company is made non-existent.

    At least I don't think they'll pierce the corporate veil over a small company. It's simply not worth their time.

    1. Re:Setup a freaking corporation! by Anonymous Coward · · Score: 0

      1) Setting up corporation costs only $250 in Texas; and that's not the only thing that is 1/3 the California price here, either. Come on in, the water's fine.

      2) It can be totally easy to pierce the corporate veil, especially for a small loosely run company; and the pay off is you taking personal financial responsibility for the company's liabilities. Ao even if you only gross a few hundred thousand over several years, it can be worth it to pierce it even to a low level creditor, say a landlord or hosting service that was hung out to dry.

    2. Re:Setup a freaking corporation! by Lucas+Membrane · · Score: 1
      I've got a small corporation. No problem. But it's not going to get financing without me co-signing for the debt personally. Set up a corporation and apply for a corporate credit card and read the fine print.

      Fortunately, software doesn't always require big financing. But if you want to do a 12 mo. $250k project and live on nothing while waiting to finish it, and hoping to finish it, and hoping to get paid, that's not something that many want to try.

    3. Re:Setup a freaking corporation! by Bombcar · · Score: 1

      Yes. That's why you should spend some time with a corporate lawyer and get the basics down. If you do it right, and don't flagrantly violate the law, it will cover you pretty well.

      Unfortunately, too many people don't bother planning.

    4. Re:Setup a freaking corporation! by michael_cain · · Score: 1
      Or at least set yourself up as a limited liability company. Details vary from state to state, but the idea is to give individuals and partnerships the same liability and financial protections as incorporating, but with less hassle. Here in Colorado the whole process can be done through the Secretary of State's Web site. 15 minutes and 99 cents on a credit card. Opening a small business checking account was much more time consuming (mostly while they did superficial things to verify I wasn't a terrorist setting up a money laundering operation).

      There are advantages to full incorporation if you're planning to grow into a several person outfit.

  68. Don't plan on it... by johansalk · · Score: 1

    Don't plan on being a lone coder for too long. In fact, plan to grow a business out of what you're doing and to recruit other people eventually, and if you don't see a growth opportunity in what you're doing, then reconsider if it's the best thing you can spend your time on.

    1. Re:Don't plan on it... by militiaMan · · Score: 0

      But that would defeat the purpose of being a lone coder. Some people don't want to grow to a monolithic monstrosity like M$. Some people like to code. Sure you can make money as lone coder, but you must provide a whole lot more work than say someone working at the DMV. I have 70,000+ lines of code, and I can't make anything from it because I don't want to whore out my $3,000,000 dollars worth of code for $300,000. As a result of the insane cost of living in the US in relation to an Indian I must work several times as long to get the same standard of living and leaving would throw everything I currently own out the window. Why would I want to work for less than a lazy government employee that produces nothing. All my code is closed source, because it is well written. If you want to grow something just become an MBA and find some sucker programmer willing to work for 22k in India and starve people like me to death. Some people just like writing code, and don't want to screw with the business part. Since no jobs exist in the US for real Computer Scientist (except with the government) you don't have much choice right now. So unless you like running a business or being a Fascist your screwed. Although, loner business people can make a ton of money at the moment.

  69. Clone Writers are still needed by PetoskeyGuy · · Score: 1
    I am a one person software company. I know of one other in my same town. Not dead, but very specialized. I make enough to pay the bills. You just have to find a niche and stick it out. It's a bit scary sometimes, but with a little consulting for local companies every once in a while you can make it work. Oddly enough, going back to church is what really my business take off. Sit through some sermons a little chit chat and people are thrilled to refer you to their friends. It's worth it for the networking.

    The big problem I see is that there are people with insight and vision who can see a possible market and design a nice program, then there are the hordes of "cloners" who just want your software pirated with a hexeditor.

    The thing that I find amusing is the Elance insanity that's going on making clones. There are so many projects requests out there that say something like...
    Need complete 100% clone of this software
    See http://www.example.com/

    Also all documentation, features, file formats, etc. Any reasonable offer accepted, but please keep the bidding under $500.
    or my favorite from an actual RFP - this was the entire request.
    I need a ecommerce application in php and MySQL. After I see the basic quote, I will provide more details.
    And the projects had close to 20 bids. My guess is they try to lure people in with cheap bids then stick it to them when they are "90% done". People bid on things at $1 per hour.

    The point is you can not compete on price in the US. So you have to be the best in your field, and have to secure your app, or file format enough that the average joe can't steal all your work.
  70. a couple thoughts by flacco · · Score: 1

    programming commodity software is probably a dead-end, due to competition with open source and larger entrenched shops. i'd think there is still room for:

    - consulting projects writing softare for an individual company

    - consulting projects customizing existing open source packages for individual companies

    - niche vertical-market applications targeted at specific industries

    i'm trying to make all my applications web-based, and i'm thinking of getting into the business of both writing and hosting web applications. this has several advantages - an incidental one being that no one can examine your code for patent violations :-)

    of course there are now business process patents added into the mix, so simply doing something in a particular way in the interface could conceivably put you in a ridiculous lawsuit. :-(

    --
    pr0n - keeping monitor glass spotless since 1981.
  71. collaboration for independent programmers by rshimizu12 · · Score: 1

    Personally I don't see why more independent programmers collaborate more on programming projects. It occurs a lot in Open Source projects, but commercial projects tend to rely on independent programmers. Part of the problem is that more programmers need to embrace a combination of real-time collaborationa and extreme programming.

  72. The Lone Coder will never die. by Moken · · Score: 3, Insightful

    As long as there are freeware compilers and notepads, there will always be the Lone Coder. Despite the patenting and the proliferation of giant projects with thousands of coding slaves behind them, there's always room for individual innovation. Look at all the concepts that people have discovered by themselves... from General Relativity to the modern day convenience of BitTorrent. That will *never* change... at least not until we all become thoughtless automatons.

  73. Re:The Lone Coder is Dead. Long live the Consultan by chris_mahan · · Score: 1

    Yeah, but only if there is a patent for it.

    The more people "think it out" on their blogs, the more difficult it is for companies to patent an idea, because the instant Joe Coder has described the "network thingy that, with gizmo X and with protocol Z does this really cool thing called baka" on his weblog, then company MegaCorp can't later patent it, because there would be "prior art".

    The reality is that patents expire in 14 years. A lot of patents expire every year. One place where a software developer can make bucks it to find a patent that just expired (say one filed in November of 1990), implement it in python, and sell it for $30 (or $3000, whatever the market will bear). He is completely safe, because the prior patent would invalidate any other patents still active (because they would have to have been filed later than the now expired one).

    As always, this is just off the top of my sleep-deprived skull, so consult the approprate legal resource.

    Finally, if someone has a patent for something you've written, all you got to do is google for prior art. It's not hard, and trust me, once their laywers see that in fact you little programmer trying to make a living by yourself in your little town in the midwest could blow the lid off their patent, and as long as you don't threaten their business plans, they will leave you alone.

    --

    "Piter, too, is dead."

  74. Follow Patent Case Losses by ZenFu · · Score: 1

    Perhaps you can exploit those court cases in which a company loses a patent. I would assume that the formly protected patent and technology would be publicated by that time.

    Further, the patent-losing company would also have gambled that their patent would hold and would therefore have developed a large cost structure that a small but good coder could profitably compete against.

    With a little homework you might be even able to figure out who their current customers are. Or, just get a free demo from Monster.com, find a fired sales guy (no patent, no job) using the company name as a keyword search, and hire him on commission to bring in customers.

    I don't know if that would work, should work, or would be positive experience to try. But that's just what I was thinking when I read the post.

    Looking into how one follows patent cases, I think I'll put that on my list of things to do someday.

    1. Re:Follow Patent Case Losses by Frennzy · · Score: 1

      I like the cut of your jib. Except for that 'publicated' word...I'm still not convinced it's a real word.

      Anyway...wanna market for my company?

    2. Re:Follow Patent Case Losses by ZenFu · · Score: 1

      You may be right on the "publicated" word. I thought that I had both seen and heard the word, but I can't find it in any sort of legitimate dictionary.

  75. Don't worry about it by jhoger · · Score: 4, Insightful

    A. You should not do patent research (treble damages). Don't feel bad... big companies don't do this research either, for the same reason.
    B. As a small operation, you're not the target of infringement lawsuits.
    C. If you're doing closed-source software, they probably won't be able to tell you're infringing unless it's some patented video or audio codec implementation.

    Keep in mind that you don't go straight from infringement to a lawsuit. The patent holder may well just want you to take a license, which can be negotiated as a royalty paid to them on copies of the software you sell.

    If you can't afford a license, or they won't sell you one, you will have to rework your code not to use the patented idea.

    The sky isn't falling. There are all manner of different liabilities that can pop up for any business at any time. There is no way to predict it. That's what insurance and indemnification are for.

  76. Not as dangerous as you think by Anonymous Coward · · Score: 0

    I'm a patent holder myself, although in a different field (chemistry). The patent situation isn't nearly as gloomy as some are portraying, primarily for 3 reasons.

    First, and most importantly, you can do whatever you want until someone with an IP claim tells you to stop. You may fly under the radar for decades, depending on the kind of software you write, without attracting any attention at all. Second, litigating is **extremely expensive**, so unless you write the next killer app (here's hoping you do!) chances are remote in the extreme that any patent holder that did know you existed (see item 1) would ever come after you. There is no point in spending $100k so that you can win $15k. Besides, if you write the next killer app, you'll have enough resources to defend it. Finally, defending IP is hard....all you have to do is find a single example of the IP in dispute published prior to the patent application date and you have "prior art". I've actually broken several patents this way.....getting a patent for something is ridiculously easy....I know of a company that got a patent that said essentially "to create C, you can only pour A into B, not B into A". Just because someone has a patent, doesn't mean that it amounts to a hill of beans. Like I mentioned before, defending a patent is hard and risky.

  77. No, I'm right here. by kjots · · Score: 1

    Oh, wait, I thought it said Lonely coder.

  78. Consulting sucks by putaro · · Score: 2, Interesting

    Blech - the great thing about selling a software package, say targeted for home users/SOHO, is that your income is not limited by the number of hours you put in. You also don't have to go hang out at customer sites, spend you time on the phone trying to close contracts, find yourself changing features so that you can land that "big contract" (which then never shows up).

    If you like doing those things, consulting is fine, but it's a really different lifestyle and business than selling a product.

  79. Excepcionally bad at timing. by Anonymous Coward · · Score: 0

    And choice of words.

    Please, a little more tact.

  80. Write Games by hords · · Score: 2, Interesting

    I've been in the same boat. I've had some ideas on software I wanted to write, but have worried about patents. Software should only be protected via copyright in my opinion. Software patents should be banished. They are helping the monopolies more than the little guys.

    This has led me to thinking of developing games. I've never once seen a video game patent case. Are games immune from patents? They are software, and really it seems like pretty much the same thing to me. For example, Tetris was really unique for its time, but now there are hundreds of clones. What really is different between an inventive form of gameplay vs. some of the foolish software patents that are out there now? Really, I want to know why this is so different! Please any comments welcome. :)

    1. Re:Write Games by LordKronos · · Score: 1

      No, there have been plenty of video game patent cases, including some silly patent claims against small developers:
      http://www.asharewarelife.com/2004_01_01_archive.h tml

    2. Re:Write Games by Vampyre_Dark · · Score: 1

      This has led me to thinking of developing games. I've never once seen a video game patent case. Are games immune from patents? They are software, and really it seems like pretty much the same thing to me. For example, Tetris was really unique for its time, but now there are hundreds of clones. What really is different between an inventive form of gameplay vs. some of the foolish software patents that are out there now? Really, I want to know why this is so different! Please any comments welcome. :)

      Didn't some company just get done with pulling that patent thing on every game company of consequence over some form of spherical texture mapping? Didn't Creative just hold John Carmack hostage over his own algorithim?

    3. Re:Write Games by militiaMan · · Score: 0

      Tetris was a special case with many legal battles on many sides. Game engines are usually patented, but obviously not the game since it is mainly presentation. I have written a couple of simple games and the do have a great retail market. The problem is marketing, game complexity, and shelf space cost are now > 10 million for a game. I have created J2ME games for cell phones, but unless you live in a country with government controlled exchange rates like India you can't make any money there either. I think the best thing is a whole bunch of small games that are free and sell adverts with them. Don't waste your time making a big game unless you want to give it away to a publisher for almost nothing. The Silver Rule Is Sell A Product Yourself And Don't Compete With The Golden Rulers. The Golden Rule The One With The Gold Makes The Rules. So stay low and pick off corporates piece by piece with retail style niche market products.

  81. To Paraphrase Frank Zappa by Ginnungagap42 · · Score: 1

    The Lone Coder isn't dead, he just smells funny.

    1. Re:To Paraphrase Frank Zappa by Anonymous Coward · · Score: 0
      The Lone Coder isn't dead, he just smells funny.
      That's because he doesn't bathe, and isn't around girls often enough to know what a slob he is.
  82. HelloWorld by PsychoFurryEwok · · Score: 1

    Has anyone tried to patent "Hello World!" yet?

  83. Proof of that by Anonymous Coward · · Score: 0

    Swedish television mentioned a very interesting small company which is proof of that: Jösse Car
    The story was a couple of years ago so I don't know if they have hired any employees now but then it was a two man luxury sports car manufacturer and their idea was very simple: They'll build a few cars each year (because their manpower is two people) and because there are enough people in the world that have too much money and an interest in collecting every sports car available they'll have a market right there. And they were right.

  84. Speaking of lone coders... by beredon · · Score: 0

    I've bene looking for a solution to this proble,m for a while... Hopefully there will be other people in the same boat who could help me out.

    I do various coding projects, whether they be for clients, companies that I'm sub-contracted by or personal projects.

    What I've been dying for is a project management system for single users.

    I use subversion for tracking changes, and a manual system for recording the changes I make for invoicing. Invoices and quotes are also made manually. What I'd like is a system that can trace the time I spend on various projects, the files that I change (With comments), etc. Then, the invoice would be generated with time spent, itemised (Using the comments mentioned before).

    I've played around with a lot of groupware, crm and project management solutions, but none of them seem cater for the lone coder... Unless I've completely missed one.

    So, my question is, what does the lone coder use for this sort of thing: Home grown, off the shelf, manual, nothing, other?

    Cheers

    1. Re:Speaking of lone coders... by Anonymous Coward · · Score: 0

      Maybe something based on SQL-Ledger ?

  85. It is that bad by Anonymous Coward · · Score: 0

    I spent years working on a program and came to realize that it simply wasn't worth the risk to bring it public. Others point out that you're more likely going to run out of money or not find a market, etcetera. Probably true. However those are risks whose damage limits are in your own control. With patents you can hide behind an LLC or another legal barrier but it is a huge burden to bear, figuring out how to split up your possessions between the company and yourself and trying to understand the many ramifications a patent suit would have. Moreover, it occurred to me that if I did have to go through bankruptcy due to a patent suit then I would risk losing all of my work. My software is too important to me to make it available and risk losing it to some unfounded lawsuit.

    Software patents are an ongoing tragedy. Even small companies like the one I work for have a full time patent attorney and a few others on retainer. If you want to be fairly safe from patent suits, you really need to have a few million available solely for patents. Otherwise, you're like someone riding a motorcycle without a helmet. You'll probably be okay when you're out in public but if some jerk cuts you off, it might be lights out. (Yeah, I know that's not the best way to put it, but I'm tired.)

  86. Hopefully not... by dshaw858 · · Score: 1

    I sure hope he's not dead, cause I'm in the same boat as you- a lone programmer, trying to make a name for himself working in the big, bad world of code. I think that the lone coder still does exist.. look at the commercial implications of a good idea (like BitTorrent) for example. As long as individuals continue to have great ideas, there will be great "lone coders".

    - dshaw

  87. Nick Bolton made millions from Mailwasher by gtoomey · · Score: 2, Insightful

    This shareware spam filter made Nick Bolton $3.5 million in 2003 and now he employs 28.

  88. Great Collapse by Anonymous Coward · · Score: 0

    when the Great Collapse of 2047 comes

    Everyone knows thats going to happen in 2038.

    1. Re:Great Collapse by Anonymous Coward · · Score: 0

      Yes, but I'm planning to use a robot army to take over the world then, and rule for 9 years until the robots go out of warranty and fail. That's when we'll really be screwed.

  89. ignore the IP - just do it by TheGratefulNet · · Score: 3, Interesting

    really, I was told this by lawyers at a very very very large networking company I once worked for. DO NOT INVESTIGATE if you are using someone else's IP. if you investigate, then you are (ironically) setting yourself up. if, otoh, you blindly develop and then, later on, it comes to your attention that you did something 'wrong', its easier to get out of that than the other way around.

    what's the phrase, 'its better to ask forgiveness for an act than to ask permission, beforehand'.

    IANAL, but this is almost exactly what the big corp lawyers told us, when we gathered at a group meeting and were asking about how to go about developing code that doesn't infringe.

    no, temper this with the fact that they have a team of lawyers which is bigger than your whole company. so I'm not sure their advice still sticks. ymmv..

    --

    --
    "It is now safe to switch off your computer."
  90. Patent litigation shouldn't keep you up nights by HangingChad · · Score: 2, Interesting
    Why would any company spend hundreds of thousands to sue you? Even if they won what would they get? A ticket to stand in line for the bankruptcy hearing with the other unsecured creditors? There's no margin in suing you...nothing personal.

    A more likely scenario is you build something that's moderately successful and shiit-for-brains-we-don't-produce-anything-but-lit igation company comes after you, and probably a bunch of bigger fish, for royalties. More likely they'll go after the big fish first, then you smaller players later.

    The way to beat these kinds of cases is 30 or 40 of you team up to mount a collective defense. FIghting one little company is easy, fighting the Borg is whole different deal. If it's an abusive patent with prior art worth fighting you stand a good chance.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  91. Lone Coder isn't Dead by salesgeek · · Score: 1

    He has however headed for the hills with a six month supply of DiGourno pizzas and a kilo of white stuff...

    --
    -- $G
  92. Is The Lone Coder Dead? by Mr.+Cancelled · · Score: 1

    No... He's just pining for the fiords, he is!

  93. Is that a real poncho or a Sears poncho? by beredon · · Score: 0

    Don't it ever get lonesome?

  94. No substitute by sagman · · Score: 1

    One could argue that it's the lone ranger that is responsible for real progress in the arts and sciences -- it's always been that way. I think the commercial payoff track record is not as impressive, however. There is no substitute for the focus and drive that an individual can bring to bear on a problem. I only wish that I could be one of the folks that lights the way. Rock on, lone programmer!

  95. Nobody Will Sue You Unless... by xelph · · Score: 2, Interesting

    ... you make a ton of money with your software. So go ahead and write it. Patent defensively, for your own protection and if you can afford it. But nobody in their right business mind is going to sue you unless you have created an untapped $100-million market with your new software. People in business are very greedy, but they are usually not mean just for the sake of being mean (e.g. shutting you down for absolutely no business reason). Why would they waste their energy that way instead of generating wealth? Only the kind of small guy who thinks he invented everything would try to sue you but could he afford it? And if you are infringing on existing patents, when you are making a ton of money, just license those patents and you're fine. Or sell your company. Whatever works best for you. It's like taxes: do not complain if you are paying a lot of taxes; it just means you are making a lot of money.

  96. Check Out X-Plane by RobL3 · · Score: 2, Interesting

    One of the best flight sims in the world is basicly the work of one guy (OK, he's gotten some help recently). Of course he did accidently upload all of his code to an ftp server by accident one night when he was drunk. And he's a bit, um, unique (comes with the territory I guess). But still, he's made enough money to drive a sweet car and own one of the best private aircraft available today (and own a Segway). So, yeah, it's still possible to live the lone coder dream...

  97. I earn 10 cents an hour doing it by MrRTFM · · Score: 1

    I've been a shareware developer for the last 4 years and I earn about 10cents an hour on average.

    It isnt much, but then I dont do any advertising, and it is fun to do.

    --
    You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
  98. Neyer Software by MarkPNeyer · · Score: 2, Insightful

    My dad is a one man coder. He sells software used for statistical analysis, at quite a pretty penny, too. As far as he's explained it to me, he's been selling more or less the same software for 15+ years now, but he keeps making new versions because changes in windows will occaionsally make his software stop working, so the people who need it just go buy a new copy.

    I don't know how much he makes annually selling the software, but I assume it's probably not enough to support a family with.

    --

    My blog
    1. Re:Neyer Software by Anonymous Coward · · Score: 2, Funny

      You are his son. Is the family supported or not ? What exactly do you mean "probably not enough to support a family" ? You are IN that family, right ?

    2. Re:Neyer Software by Sloppy · · Score: 1

      The interesting thing about such old software, is that whatever patents it infringes, are likely expired by now.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    3. Re:Neyer Software by MarkPNeyer · · Score: 1

      He has a full time job that he works - the software jig is something that he does on the side.

      --

      My blog
  99. Been there, done that. by Anonymous Coward · · Score: 1, Informative

    You should not be looking out for potential infringement of your code on other peoples patents. If you look hard enough ($$$) you will find something that you *may* infringe, depending upon the interpretation of the claims, and *if* the patent is valid. Both of which can only be settled after a long and painful ($500k->$5millon) lawsuit.

    So, dont look, start coding, and go nuts.

    If you create a good product, people will buy it, and you will make money. The problem comes when you become successful, because someone either wants to buy you, or put you out of business. And in either case, all those patents that you ignored come up to bite you in the ass.

    The only way you will have an exit strategy is if your product was good enough (i.e. pulling in enough $$$) that it forced the acquirer to ignore the potential patent problem and buy you anyway.

    Luck.

  100. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  101. Re:The Lone Coder is Dead. Long live the Consultan by Anonymous Coward · · Score: 2, Insightful

    If you write software correctly, it doesn't NEED "services as an implementation and customization consultant for said open source software for business".

    Open Source is NOT a viable business model for small business. What business in their right mind would buy a product which ties them for life to a small vendor for support?

  102. What's,uh...What's wrong with it? by trud · · Score: 0

    No no he's not dead, he's, he's restin'! Remarkable bird, the Norwegian Blue, idn'it, ay? Beautiful plumage!

  103. Probably by ThousandStars · · Score: 1
    Depends on what the questioner means by "lone coder."

    The lone coder developing stand-alone desktop applications is probably dead, killed by a combination of open-source, OS encroachment and higher standards -- at least somewhat -- for commercial software. I wasn't really around for what I understand to be the lone coder's heyday, but if that time really existed it's certainly dead now.

    But the lone coder who makes things work, whether by customizing the software tools or writing the scripts that get things done is still around, and I think he or she always will be.

  104. Not dead yet by saddino · · Score: 1, Redundant

    The little guy. The one-person software company. Can it still exist today?

    Yes. Well, at least so far I'm doing pretty well. But it's only been a year, so I suppose death is still possible.

    On patents: Don't worry. You'll only have to be concerned about infringement if 1) you actual infringe a patent and 2) your creation becomes huge (read: popular) and makes the waves that bring in the sharks. And if/when that happens, you'll be able to afford lawyers of your own. Do protect (copyright/trademark/patent) everything you do.

    On business: Come up with novel ideas and spend the time on executing them well. Think of niche markets that require solutions. Little steps, not big ones.

    Good luck.

    1. Re:Not dead yet by Ilgaz · · Score: 1

      Its early for me so I couldn't stand not saying it knowing this post will go downhill.

      Patent, Huge corps, Lawyers, SDKs, IDE's aren't lonely coders murderer, its USERS lack of ethics.

      Half of people crying about how evil big companies are, use small shareware products too and they CRACK them.

      They don't give guy money so he/she goes and knocks some Redmond door.

  105. Moving, anyone? by Malevolyn · · Score: 1

    I, too, am a Lone Coder. But, I do believe that Love Coders are not dead. Merely...relocated. I do more commercial web applications in PHP/MySQL now than actual desktop applications. Stay strong my brothers.. well, and sisters, too, I guess.

    --
    Your ad here.
  106. Re:The Lone Coder is Dead. Long live the Consultan by drinkypoo · · Score: 1

    At least in the US, if something is not done about patent law soon, it will be essentially impossible to maintain an open source software project before very much more time passes. What other countries are still particularly friendly to Americans these days? Any? Hello? *tap tap tap* Is this thing on?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  107. Not at all true by SuperKendall · · Score: 1

    For someone that really understands how to leverage modern development tools, you can be really productive and put out some very good products pretty quickly.

    Remember the adage that a very good programmer is worth ten average ones? Don't think of it like a lone coder. Think of it as a team of ten developers with telepathy to understand what the goal really is! And then tools to make that happen through one pair of hands.

    There has never been a better time to be a lone coder on some software that nobody has bothered to think of yet. And such things do exist.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  108. No, but the Lone Gunmen are by Anonymous Coward · · Score: 0

    Hope you're in the same time zone!

  109. Re:Count me as a fellow Looney Coder by Anonymous Coward · · Score: 0

    This from the genius who gave us this gem during his Salon.com. 15mins of fame:

    "Rather than cheering on file sharing, the EFF should be presenting us with the details of its alternative so that we can measure it against our current copyright system, and collectively decide which system we prefer."

    And this guy is not THAT clueless, he's just one who think that the bait and switch isnt obvious every time. I was have hoping he'd come out with a Reaganesque "Just Say No" slogan.

    Republicans coders.

    thomas

  110. prior art thou by Doc+Ruby · · Score: 1

    Unless you wrote a Slashbot autoposter before you executed "rm -f my.self", you're not dead. Even if you did, you exist - on Slashdot, which is more important than Real Life.

    --

    --
    make install -not war

  111. Read somewhere... by Sebby · · Score: 1

    I think it was a comment here on slashdot, probably with a link to an article, that talked about patent infringments, and how you could more or less protect yourself from it.

    One thing I do remember is that the article said that if you don't knowingly infrige on a patent (ie don't go looking to see if you are), you should be fairly ok. I say 'fairly' because 1: I dont remember exactly what they said about it, and 2: obviously, it's still a problem. But basically it said not to go look for trouble...

    I'll try to find it again and post it in a follow up...p.

    --

    AC comments get piped to /dev/null
  112. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by darkPHi3er · · Score: 5, Funny
    "The Lone Coder was found dead in front of his home computer this evening"

    In a later news release of the Preliminary Autopsy Results:

    1. He had Type II diabetes from the consumption of Mountain Dew/Code Red.

    2. He has extremity palsy from the intake of Jolt Cola.

    3. He was having Grand Mal epileptic seizures from the MSG in his local Chinese takeout.

    4. He had become reclusive with the shock of finding out that real, live women DIDN'T have staples in their navels.

    5. He hands had become claws due to the carpal tunnel and tendonitis from his non-ergonomic keyboard.

    HOWEVER, the proximate cause of death was...

    6. He attempted to read the entire set of Don Knuth's TAOCP (The Art of Computer Programming) AND "Regular Expressions in PERL" in the same evening and HIS HEAD EXPLODED!!!

    LATE BREAKING NEWS:
    In a joint press announcment, Microsoft, Sun, Apple and SCO announced that they were SURE that the Lone Coder's work infringed on their IP, and they would be seeking redress beyond the grave, from the appropriate authorities, saying "If ANYONE thinks that merely by DYING they can escape the reach of our lawyers enforcing our intellectual property rights, they will find out just how far we will go to make sure that every line of ever written has the protection it deserves!"

    He is survived by his parents, who will be paying off his student loans from MIT for the rest of their natural lives, and his high school sweetheart, who, unknown to the Lone Coder, due to lack of consortium, became a lesbian several years ago and moved to North Beach.

    Richard Stallman has annouced that he's quite sure the Lone Coder's work was pretty much something that he had written in LISP on a napkin, one lunch 30 years ago at the Lampoon, but he was kinda buzzed and "...wasn't sure what i did with the *&)&*(&)( napkin...!"

    --
    Ten quid, she's so easy to blind. And not a word is spoken...
  113. Here is one still alive by roman_mir · · Score: 1

    Here is a lone coder for you, he is still kicking and churning out some soft:

    golf training software

    I hope he can take /.ing

  114. Generic history example by Maljin+Jolt · · Score: 1

    The so called intellectual property has historic analogon in medieval guild privileges to processing technology. They were supposed to protect income for ruling class, but when they were recognised as a source of inflation and an obstacle to industrial advance, the were dismissed. Often by wars.

    --
    There you are, staring at me again.
  115. The money is in how-to's by KalvinB · · Score: 1

    I've been the sole developer for www.icarusindie.com for going on 4 years now. I built the site up from scratch. I've found that the most popular thing people want is how-to's. Rather than building complete projects, I've begun working on smaller projects and go into detail on how each part works. For example, I took www.Wolf5K.com deobfuscated it and posted detailed tutorials on how each part works. I then converted it to C++ and upped the graphics quality.

    That kind of thing got a lot of attention. If I had just made yet another Wolf 3D clone, I'd get no attention.

    I also have a complete project which I just need to get the rights to before I can release it. Other than that, single coder that took an existing product and made an on-line version. That's the easy way. Go into a game store (board games et al), find a game that interests you that was made by a small time publisher, and make a computer version of it. A small time publisher is more likely to talk to you about a licensing deal without demanding a lot (if any) up front money.

    If nothing else, it's a great way to learn how to make a professional product without having to go through the whole concept development process. The design doc is the instruction manual and you can scan in all the graphics. So no programmer art.

    Ben

  116. No trace by JustAnOtherCodeSerf · · Score: 1

    He left us without a trace. We expected a note, a comment of some sort, but that wasn't his style. He will be missed.

    --
    -=sig=-
  117. Is The Lone Coder Dead? by KidSock · · Score: 1

    No, I'm still here. Thanks for asking.

  118. Well... You might as well forget about SELLING it. by crazyphilman · · Score: 3, Interesting

    Not to be the wet blanket of this party, but...

    A) Large companies, who hate small developers with an awe-inspiring passion, have patented everything under the sun, so even if your project is successful, you're going to get the shaft sooner or later;

    B) If your project IS successful, someone's going to come along and yank it right out from under you. Maybe you'll be sued for patent infringement and sign your stuff over in the settlement, or maybe Microsoft will integrate a competing product with Windows, making you irrelevant, or maybe a college kid just as smart as you will come out with competing freeware -- you'll get hosed one way or the other;

    C) Anyone who IS interested in your product is going to download it off a pirate site anyway. Think I'm kidding? I can't tell you how many times I've heard some doofus consultant laugh "But I never pay for software! Windows is free, man." I tell them that I religiously pay for everything, that it's a matter of professional courtesy -- and they almost cough up their livers laughing at me. THIS IS THE MARKET YOU'RE IN. You can't make money in it.

    Given these basic facts, what should a programmer do? Here's MY position; I see two possibilities, which you can blend a bit if you like:

    Possibility Number 1: You write open-source software, you GPL all your stuff, and you sign over the copyrights to the FSF, who have many, many lawyers. You might not make any money doing this, but you get to use your software without restrictions, forever. Also (tasty) you get to seriously annoy the suits who'd like to make money off your stuff. It's no longer possible for someone to take it from you.

    Possibility Number 2: the hacker model: you keep all your cool stuff to yourself, and you trade it with your close friends for their cool stuff. You guys are now the only people with this cool stuff. It's like the force; you are different and have secret abilities that the herd isn't aware of. It's fun and interesting. You meet other groups of people with their own cool stuff and trade; thus you become the Ham Radio operators of the programming world.

    The lone developer isn't going anywhere. He's just going back to the garage and hacker groups he came from.

    Perhaps -- just perhaps -- this is a Good Thing.

    --
    Farewell! It's been a fine buncha years!
  119. Limited Liability Company by Anonymous Coward · · Score: 0

    Start a limited liability company. You become its employee. Ignore the patent system, let it chase you, not the other way around. If someone comes after you fight it until you've had enough, at which point the company releases its software under the GPL (so it doesn't die), you fold the company and walk away from it.

  120. Re:Don't search for possible infringement (OT) by DeICQLady · · Score: 1

    The Courts will also rule in willful infringement based on what you should have known at the time the alledged infringement took place. [Sorry the list of cases have slipped my mind]

  121. Re:The Lone Coder is Dead. Long live the Consultan by Anonymous Coward · · Score: 0

    Offer your services as an implemetation and customization consultant for said open source software for businesses.

    Implementations are not fun, but pound for pound, you get serous cash.


    Care to offer any experience in this matter? If not, why should anyone listen to you?

  122. I'm one of the lone as well by UltraAyla · · Score: 1

    I'm one, and I know a few people who are as well, and have read about some fairly successful ones. I think that you have to make sure that whatever you write is significantly different than anything else so any patent infringement claims are invalid.

  123. Wish you all the luck in the world, but... by wcrowe · · Score: 1

    Prepare to be squashed.

    --
    Proverbs 21:19
  124. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Tassach · · Score: 4, Funny
    He had become reclusive with the shock of finding out that real, live women DIDN'T have staples in their navels.
    Coulda fooled me. This summer it seemed like every other 20-something woman was wearing a shirt that let her belly button hang out -- and the majority of them had navels that were decorated with metallic devices of some kind or another. Piercing... staple... same thing.

    Sheesh, kids these days :-)

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  125. Here's what you do. by Anonymous Coward · · Score: 0
    Deliberately and secretly in some non obvious way imbed code that infringes some patent of a large corporation that you won't bother with you. Then, if and when you do get sued by some IP extortion outfit, settle the case by signing over your software to them. Then,later on, secretly blow the whistle on them to the company that has the patent you hid in the code.

    Oh, did I mention that the version that you actually distributed, and kept a copy of, didn't have the poison patent in it so nobody could sue you?

  126. Sorry to tell you... by agraupe · · Score: 1

    But, now, lone coding is a hobby, not a job, for the most part. I code just for fun, but the GPL has pretty much assured that you have to either offer Professional-grade product and support if you are going to charge for something, and that's something a one-man company can't do. You could try getting a custom-programming type job, but you might be better off to do something else and keep programming as a hobby (which has been made easier with the GPL, because you can look at a nice finished program and think "I was a part of that").

  127. Comments from a successful lone coder. by Anonymous Coward · · Score: 0
    As a multimillionare lone coder, I should comment.

    I work on problems that have stumped others. Once in a while I solve one, write software to demonstrate it, patent the technology, and license it to others. I've done this several times. So I put "inventor" on my tax return, below six and seven figure numbers.

    Licensing is difficult. You need major legal backup, which is expensive. But it pays off in the end.

  128. I'm a one man shop. by CFD339 · · Score: 1

    I make an excellent living writing code, consulting (not contracting-- there is a big difference) and supporting my customers. I have a few small 'packaged' products as well.

    I wouldn't give it up for anything.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
    1. Re:I'm a one man shop. by Anonymous Coward · · Score: 0
      consulting (not contracting-- there is a big difference)

      Both are over paid, never know jack shit about coding, but while the consultant knows this, and so does not attempt to code, the contractor thinks he is the dogs bollocks, and does code. Baddly. So everyone knows he is a dick.
  129. Willful Infringement by Anonymous Coward · · Score: 1, Informative

    I don't know enough about the current trends to know if the lone coder is dead, but I do know a bit about infringement on patents.

    If you're going into something, you probably don't want to do research into patents to see if other people's patents cover it. If you do do research, make it a point to make it look like you didn't. Even if you see someone's patent and decide that your work doesn't infringe, you can still get hit with the 3x damages for willfull infringement if a court decides that you actually did infringe upon the patent. The best bet is to just go for it and then claim ignorance after the fact, and try damn hard to argue your case against them. That way you won't get hit with the willful infringement and you still have a slight shot in the dark of getting out of it.

  130. Who cares by Anonymous Coward · · Score: 0

    Get a therapist to cure you of your neurosis and social ills and get a job.

  131. If I write some good application by The+MESMERIC · · Score: 0

    and someone come with this IP thingie
    I just shoot him in the bollockz
    simple

    BANG!

  132. big bucks? by twitter · · Score: 1
    If you like doing those things, consulting is fine, but it's a really different lifestyle and business than selling a product [a software package ... targeted for home users/SOHO].

    A lifesytle, like earning a living at all. Show me something that's actually selling that does not have hoards of nasty competition from garbageware in Tiger direct. With all the junk that's bundled with a Dell and the drek that's promoted to high stink on magazines, all of which has a free software replacement that works just fine, AND the demise of tremendous software firms that had all the support trimmings, what chance does a lone programmer have to sell anything but custom business software to a firm that knows and trusts you?

    your income is not limited by the number of hours you put in.

    Nor, do I believe, is it augmented.

    --

    Friends don't help friends install M$ junk.

  133. I'm a lone coder who just.... by Anonymous Coward · · Score: 0

    ...started my own game company after twenty years of on and off casual and professional software development. So, the answer to your topic is no.

    Anyway, I'll see you all in about two years when my project is done. After skimming through the message thread, I can't wait to get back to work!

  134. Re:The Lone Coder is Dead. Long live the Consultan by AdamTheBastard · · Score: 1
    "Finally, if someone has a patent for something you've written, all you got to do is google for prior art. It's not hard, and trust me, once their laywers see that in fact you little programmer trying to make a living by yourself in your little town in the midwest could blow the lid off their patent, and as long as you don't threaten their business plans, they will leave you alone."
    If you can blow the lid off a patent you should do so. Especially if the owner has deminstrated that it will sue over then it. It is your moral duty to do chalange their patent.

    If you don't blow their patent what is stopping them from trying to sue the next programmer that comes along and makes something that is covered by the patent that you have already discovered to be invalid?

  135. Don't worry About It by Javagator · · Score: 1

    I doubt that any large company will pay any attention to you unless you start eating into their profits. Any if you start eating into their profits you are going to be rich. SCO and the like won't sue you since their legal bills would be greater than any money they could get out of you. IANAL so please don't sue me if my advice turns out to be bad.

  136. I'm still here! by chochos · · Score: 3, Interesting

    I have a software company with two other guys. Each one of us is in a different project. I'm handling a project all by myself, writing custom software for a client, and I get to do some small projects from time to time too.

    We use open source where we can and contribute back where we can. I'm starting an open source project, writing (yet another) CMS, this one with technologies I'm familiar and feel comfortable with. We plan to use this on some projects with a small web design company, so they can sell a dynamic web site and later we can get to support it (directly or through them, it's all good).

    I like to think that the future of software development will be something like mechanics are now (at least here in Mexico). You can take your new or fancy car to the dealer for small repairs and maintenance, but almost everybody takes their car to some small shop run by a couple of guys who know their stuff. They get their clients mostly by word-of-mouth recommendations. Some mechanics try to rip you off, you don't go back, but if you like their work, you'll recommending them to people you know.

    So I think there will always be big software companies, making big projects and writing huge complex applications, like SAP and such. Big corporations can make business with this big developers. But many companies will go to the smaller development companies that use open source and run a small shop, to cut costs without sacrificing quality and having more direct contact with the people who are going to write their software.

    So maybe the lone coders will not make big big bucks like before, but we can still make a living and enjoy our work.

  137. MOD PARENT DOWN - COMPLETELY WRONG by swimmar132 · · Score: 2, Interesting

    The guy works for Valve now, not Blizzard.

  138. What we will hear next is.... by 3seas · · Score: 1

    ... only a big company like MS can code....

    Honestly... if the lone coder is dead, then who forgot to tell all the lone coder FOSS developers?

    if everyone breaks the patent law than they will have to build a jail big enough to house us all... Hmmm, maybe they will call it earth...

    1. Re:What we will hear next is.... by Derleth · · Score: 1
      if everyone breaks the patent law than they will have to build a jail big enough to house us all... Hmmm, maybe they will call it earth...

      No, they'll just sue us all and make a lot of lawyers very, very rich.

      The legal community sees no problems with this plan.

      --
      How can you use my intestines as a gift? -Actual Hong Kong subtitle.
  139. Here's a thought by DaveJay · · Score: 1

    Couldn't a lone coder living in a country where software patents exist simply form a distributor arrangement with a person living in a non-software-patent country?

    Say, Joe Example writes a great email client, and arranges to distribute it from a website in another country (one not supporting software patents) owned by Mary Sample. She claims credit for "developing" the software, then pays her "contract employee" 90% of the profit from sales (and keeps 10% for distribution costs).

    So yeah, that's two people, not one -- but it's conceivable, right? And the laws in question apply to the person/company distributing the software, not necessarily the person who owns the rights, yes? I'm asking, because (unsurprisingly) IANAL.

  140. Re:Count me as a fellow Looney Coder by turnstyle · · Score: 1
    "This from the genius who gave us this gem during his Salon.com. 15mins of fame:"

    Rather than cheering on file sharing, the EFF should be presenting us with the details of its alternative so that we can measure it against our current copyright system, and collectively decide which system we prefer.
    You actually disagree with that? You'd rather just accept some unspecified alternative as better without knowing anything about how it works? Not me.

    The person is refering to my article here (click the "free day pass" for the full text -- fwiw, the "coping isn't cool" title itself wasn't written by me, that's by Salon).

    Dont forget that the EFF used to suggest that the RIAA should be suing infringers. And their p2p solution hinges on the silly notion that *almost all* rightsholders will all of sudden voluntarily license their work, and *almost all* downloaders will all of sudden volutarily pay.

    If you prefer that, then you prefer something that makes even less sense than what we have now.

    --
    Here's what I do: Bitty Browser & Andromeda
  141. WARNING by flyingsquid · · Score: 1
    TO: slashdot.org

    FROM: Legal Affairs Division, Microsoft, Inc.

    Please cease and desist all posting on this topic. The online discussion of patent law is the exclusive intellectual property of Microsoft, Inc., under United States Patent #513307.

  142. don't do background searches by geg81 · · Score: 1
    There are several reasons not to do background searches:
    • Most patents never get prosecuted.
    • Most patent infringement never gets detected.
    • If you are a small developer, people aren't usually going to bother you.
    • If you are found to infringe, it's better if it is not deliberate, and it's easier to argue that it wasn't deliberate if you didn't search.

    Large companies generally don't do patent searches for the same reasons: it isn't worth the cost and it actually worsens their legal exposure.

    The term "due dilligence" doesn't really apply here anyway; "due dilligence" is something that matters in professional investment decisions.

  143. Lone Coder dead at 24 by Anonymous Coward · · Score: 0

    I just heard some sad news on talk radio - the Lone Coder was found dead in his Texas home this morning. There weren't any more details yet. I'm sure we'll all miss him, even if you weren't a fan of his work there's no denying his contribution to popular culture. Truly a Slashdot hero.

  144. i think it can be done by jdkane · · Score: 1
    I've seen software from groups of people and it's crap; and I've seen software from individuals or a couple people that is great. There is no hard and fast rule. Often larger teams get mired down and have a hard time moving the project forward. For some types of projects a smaller team is ideal (not necessarily for smaller projects).

    Another thought: One of the largest problems I see in software development (and one that I have a hard time dealing with) is the proper planning of the project. It's too easy to just jump in without a proper guideline and accomplish a lot, but really nothing at all towards an end result. For very small teams (or single person teams) it's very important the have some methadology in their head about how to break down the problem, analyze it, and turn it into computer code. I think a good, focused small team that has a grasp on analysis and design can do a mountain of work compared to a larger team that is mired down in politics and red tape, and the "i just work for the company" mindset.

    Take a look at *some* government-type jobs and how little gets down and how mired down in detail everything is. (Invariably someone will reply and say they're not all like that. Well if the points comes up, I agree with you.) And then look at companies that moreso have to make it on their own to survive. What I'm saying is a lot depends on the mindset of the people.

  145. Re:Write Games - ?? - Profit! by Anonymous Coward · · Score: 0

    *cough* piracy

  146. LP! by Anonymous Coward · · Score: 1, Funny

    Last Post!

  147. Not at all by Anonymous Coward · · Score: 1, Informative

    The Lone Coder is far from dead. With credit card processors such as Kagi, it is easier than ever to make commercial products. However, most LCs probably work on a contract basis for former employers producing in-house software that is never widely published. (Come to think of it, that's what most of the Organization Coders are doing also.)

    Recently I was asked to do a bit of business research in a certain area of software; I went to download.com and the other usual places and discovered that the niche market for a certain utility was handily covered by 4 or so products, which upon investigation through whois and finding the owners of various LLC's from various State's Secretary's of State turned out to all be Lone Coders. All of them were real people who would answer email and two were willing to chat on the phone.

    One issue raised in this post is that the existence of so many patents puts a huge financial burden on the individual who does something new, because "due diligence" requires them to do a lot of research.

    I question this. I've read a lot of patent law ( http://uscode.house.gov/download/title_35.php ) but I don't recall seeing any such requirement.

    The phrase "due diligence", in Law, generally refers to giving the same diligence to certain tasks involving other people's money that you would give to the same task involving your money -- an example would be a company officier who cares so little for his shareholder's money that he doesn't ask for multiple bids when renovating the company's building, but he gets 4 bids and bargins with all of them when he uses HIS money to renovate his own house. Does it even make sense to talk about "due diligence" when you are a Lone Coder, by definition risking your own time and money ?

  148. Re:The Lone Coder is Dead. Long live the Consultan by DogDude · · Score: 2, Insightful

    You write a custom app. Release it in 1 year. Market it. 6 months. Release v2. Market it more. Release v3. People start talking about it. yadda, yadda, yadda... How do you eat while spending the years it takes to get a good open source project to get even used? How many more years before it develops a cult following, and admins start installign it? Jesus, something like Apache took a fucking decade before it paid to be an Apache consultant. That's a long time being homeless, while hoping that yous stands out among the millions of other programs.

    --
    I don't respond to AC's.
  149. Sign the petition by Euler · · Score: 1

    Jeez people... not even 11k signatures yet. weak.

  150. Sorry to disappoint you... by jetsfandb · · Score: 1

    But I already own the patent for the idea of a single person creating commercial software.

    --
    It is by caffeine alone I set my mind in motion, It is by the beans of Java that thoughts acquire speed, The hands acqui
  151. Re:The Lone Coder is Dead. Long live the Consultan by C10H14N2 · · Score: 2, Interesting

    A VERY small company I worked for had a product they sold for about $500. Companies would routinely buy it and then ask for several months worth of customization. On average, that little $500 item would generally net about $35-50k. So, you're right, they could just give the thing away and it wouldn't make an ounce of difference, except that they might have more customers.

    I hear they're having financial trouble these days. Wouldn't it be ironic if that worked.

  152. Re:The Lone Coder is Dead. Long live the Consultan by steveg · · Score: 1

    How many programs implement just one patent (expired or not)?

    The nature of software is that any given program (even a simple one) likely implements dozens of patents without even realizing it. The patents are not necessarily the central basis for the application, but inherent in the nuts and bolts of putting it together.

    --
    Ignorance killed the cat. Curiosity was framed.
  153. YOUR WRONG! by Anonymous Coward · · Score: 0

    Your wrong.

    Only stupid countries subscribe to stupid software patents, go somewhere less stupid and create to your hearts content.

  154. EUROPE!!! by Fuzzums · · Score: 5, Interesting

    Come to Europe! Things aren't that bad overhere. Yet...

    The new IP-laws will lake just a little longer to pass, now that 10 new countries joined the EU. They need to negotiate and vote over it again.

    --
    Privacy is terrorism.
  155. economist: Return of the homebrew coder by goon · · Score: 2, Informative

    and a good article from the economist giving more examples of homebrew coders and how they fit in.

    --
    peterrenshaw ~ Another Scrappy Startup
  156. Nope. by WCityMike · · Score: 1

    Is the lone coder dead?

    No.

  157. I think you are being a bit paranoid by nwbvt · · Score: 1
    Even if something in your code is technically patented (and remember, most of these patents are rather specific, the scare headlines you read on /. are not always accurate), that doesn't automatically translate to a lawsuit.

    First the individual/company holding the patent must find out that you are "infringing" on it. Thats probably not going to happen if you are a lone coder selling a program that may be used by rather small crowd.

    Then they have to justify the legal expenses and other costs related to pursuing the case. Again, if you are just a little guy who is not much of a threat to them, it would be hard to justify those costs.

    And finally, just because the Patent Office readily grants software patents doesn't mean the courts will agree. Unless the patent in question is obviously novel, there would be a good chance the judge would throw it out. Whats more the patent holder would know that risk, so add in the potential for losing their patent (which could otherwise be used to sell to other large companies with large bank accounts) to the cost mentioned above.

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  158. Stick to writing viruses by Anonymous Coward · · Score: 0

    Nobody seems to patent them.

  159. INSIGHTFUL by Anonymous Coward · · Score: 0

    Nice post. Give this guy some points (if anyone's still reading this thread).

  160. Re:The Lone Coder is Dead. Long live the Consultan by Trepalium · · Score: 1
    Do you have any idea how much money it would take to litigate a patent claim to the bitter end, even if you did succeed? We're talking hundreds of thousands of dollars here. The patent aggressor is likely to make you an offer that would be less than the cost to take it to the courts to decide, but still far too expensive. Besides, a patent parasite's business plan IS to harass people into paying their fees. Challenging them isn't likely to get them to ease off you.

    Also, I believe patents expire in 21 years, not 14 these days, although I believe that also depends on if the patent owner renews or not.

    --
    I used up all my sick days, so I'm calling in dead.
  161. Re:The Lone Coder is Dead. Long live the Consultan by waterwingz · · Score: 0

    Ummm ... prior to 1994 patents were good for 17 years from date of grant. After that it became 20 years from date of filing. So your November 1990 patent would still have 3 or 4 more years to run.

    Sorry.

    --
    . waterwingz
  162. Companies use their patents as bargaining chips by NeumannCons · · Score: 1
    I worked for a Dot-Com flame out - (although it still exists, it's just a shadow of it's former self). They had a patent reward program where they would reward employees for patentable ideas/code in their products.

    The main reason for doing this was not to sue other companies who infringed on their ideas, rather, it was to have a bargaining chip when some company would inevitably sue them for infringing.

    "Oh yeah, so I'm using your patented "method to display images and text on the same web page"? Well, you're infringing on my patented "method to use only 1 click to send email".

    In the end, all the lawsuits, counter-suit silliness exists for one purpose - to make lawyers money. That's why no suit is settled quickly - after all judges all started as lawyers.

  163. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    My favorite line:

    6. He attempted to read the entire set of Don Knuth's TAOCP (The Art of Computer Programming) AND "Regular Expressions in PERL" in the same evening and HIS HEAD EXPLODED!!!

    Whats yours?

  164. Go for it by elegie · · Score: 2, Insightful

    If you want to develop software yourself, then by all means go for it. Shareware-type software (without spyware or adware) is common, but some is more successful than others.

    Software patents are a concern, but it is better to work at fixing the problem than simply worrying about it. Most patent infringement cases have involved large-ish companies. Though it may sound strange, a good policy is not to look for software patents. Previous postings have already mentioned this, but it is meaningful in terms of avoiding "willful infringement" which is much more serious than innocent infringement. Linus Torvalds has said that "no engineer should ever go looking for a patent" and he mentions liability as one of the reasons. Also see this article from an attorney. The best idea is not to be concerned unless you already know about a software patent i.e. compressed GIF images.

    May you have the best of luck with your software development. :)

  165. Re:The Lone Coder is Dead. Long live the Consultan by Anonymous Coward · · Score: 0

    Just so you know, 'implementation' to us coders is the coding part. That other thing involving setting your software up at customer sites, we call 'deployment' or 'installation'. You may have just given yourself away, Mr. Manager ;-)

  166. The Inspiring Tale of Audion by ExileOnHoth · · Score: 3, Interesting

    Just a few days ago Slashdot posted a link to the saga of mp3 player Audion, by a small 2-man development shop. In the end, the program died, but the developers' story is really very inspiring.

    Thrill to their tale of almost being bought out by AOL in 1999. Weep at their account of being told offf by Steve jobs at Macworld, as he developed a new program (itunes) that would eventually devour our heroes.

    And yet, in the end, the developers' attitude and story inspired the heck out of me. Yes, one guy, working alone, with the right idea, at the right time, can make it big.

    Don't blame big government for your fears. Just come up with something brilliant and take the plunge. And see what happens.

  167. Re:The situation's simultanously better and worse. by Anonymous Coward · · Score: 0

    "I think small or even medium-sized corporations probably can't afford it either."

    Agreed, just look at that little company named Microsoft (or Micro$oft if you prefer). They never saw Eolas coming!

  168. Game remakes by elegie · · Score: 1

    Doing a close remake of a game may be a copyright violation under certain circumstances. Speaking of the Tetris game, a company has been claiming exclusive rights with respect to the Tetris game. Certain games that duplicate the Tetris gameplay and appearance have been targeted. The claim was not about patents, but about the game's "overall look and feel" (in terms of copyright) and "trade dress" (which implies trademarks.) The Tetris game has a known history and its gameplay is quite specific, so the company may be justified in terms of regular copyright.

  169. I call bullshit! by Anonymous Coward · · Score: 0

    Just because some programs are big and complicated doesn't mean yours has to be.

    You can base your product on high level languages that free you from the mundane details like freeing your pointers. (For example, XUL allows you to write GUIs about as simply as a web page.) You don't have to choose "mainstream" languages because that's the only thing everyone on the team can understand.

    You can do your "rapid prototyping" in a system like Lisp/Scheme where you don't even have to compile your code and you can redefine anything you want on the fly.

    You can take advantage of existing libraries and tools (parser generators, XML parsers and validators, etc.) to quickly come up with something that is extensible to future releases.

    You aren't bound by any of the constraints that guys at the big firms are. You don't have to write code that conforms to arcane guidelines like "we only write Java here" and "you can't use exceptions, rtti, templates, or the standard template library in C++ because some compilers suck."

    I mean seriously. Out of the box, Sun's Java comes with a decent GUI library, networking support, threading support, garbage collection, and xml processing. And it's all free, documented, etc. Need an installer program, try NSIS -- it'll take you three days to master, and has amazingly good compression.

    The lone coder is only dead if he or she is entirely unwilling to use other people's work. You are connected to a world of software which you can use to whatever purposes you like, even if you aren't willing to make your product truly free.

    As for patents and litigation, burn that bridge if you come to it. We need some martyrs.

  170. Cooking Patents by ReadParse · · Score: 1

    Yeah, yeah, a little off-topic. But I was pondering this last night. Aren't software patents EXACTLY like cooking patents?

    Some recipes are secrets. That perfect cookie. The formula of Coca-Cola. Some recipes are completely free, aired on Good Morning America, for example. Others are copyrighted and available by buying a cookbook. But they're still open, in that you can modify them to suit your needs, making substitutions of ingredients or methods, or improving the recipe in other ways.

    But whether the recipe is a secret (closed) or published (open), nobody will ever tell you that you make something that tastes like X. You can legally copy Coca-Cola, in that you can try as much as you want to make something that tastes exactly the same. McDonald's Big Mac is not protected as a food. It's protected as a BRAND, but that's completely different and it's a copyright thing, not a patent thing. McDonald's patents anything they can, including their french fry box. But they can't patent the food itself. Why? Well, we already know the answer. Because it's stupid.

    And software patents are stupid in exactly the same way. Programming code is nothing but a recipe, and a running program is no different than a completed dish. If you like the end result, you can try your best to copy it on your own.

    Well, I'm sure a lot of big corporate lawyers will make the argument that there will never be any innovation in the cooking industry if investment isn't rewarded by government in the form of protection from competition. Well ask Betty Crocker if she's suffering from the rampant piracy of her Chili Macaroni recipe. She just has to suck it up, either making a better recipe or packaging the same recipe in a better book.

    Come on, folks. We don't have to keep tolerating software patents. They're absolutely ridiculous and the policies of the USPTO need to be changed. Get the stinkin' word out.

    RP

    1. Re:Cooking Patents by johnbeat · · Score: 4, Interesting

      It's even worse: recipes cannot be copyrighted! Instructions are not able to copyrighted, and that includes recipes. If there's extra text around it that is not really the recipe, that descriptive text might be able to be copyrighted. But the instructions to make food a specific way? That cannot be copyrighted.

      The same is true of games. You can copyright a certain presentation of, say, Monopoly. But you can't copyright the rules that describe how to play the game Monopoly. (Trademark, of course, may forbid you from using the name 'Monopoly' if you choose to sell your version of the rules. But neither trademark nor copyright can stop you from selling your version of the Monopoly rules under a different name.)

      You can read this at the copyright office web site.

      So, no, I never did understand how computer code could be copyrighted.

      In general, things cannot be copyrighted unless copyright-ability has been specifically extended to that kind of thing. The natural state of things is assumed not to be able to be copyrighted. So, you can't copyright a cheesecake, or a chair, or a scarf, unless Congress specifically says that you can.

      I rant further about this at http://www.hoboes.com/Mimsy/?ART=9.

      Jerry

    2. Re:Cooking Patents by hords · · Score: 1

      Could this be part of the reason that offshore programming has taken off like it has? Can't build it here, so go elsewhere. It's a real shame.

  171. Open source to the rescue by Diabolus777 · · Score: 2, Interesting

    Here's the primary goal of open source IMO.

    Give a set of tools to engineers. With all that code available, you can skip to the core of what you attempt to build, if what you need is available of course. You can even ask for help (if your goal is non-profit). Linus was a lone coder, and what he did was a big get-togheter with a lot of other lone coders.

    It's just a paradigm shift.

    --
    We should have been
    So much more by now
    Too dead inside
    To even know the guilt
  172. Re:The Lone Coder is Dead. Long live the Consultan by stocke2 · · Score: 1

    I think you missed the point of what you said....if it is open source, then they are not tied to you for life...someone else can do it...they do have access to the source, but as the originaal author you have an advantage because you have the best understanding of the code.

    --
    A Smith & Wesson beats four aces -- Murphy's Law of Poker
  173. Thanks Slashdot. by isny · · Score: 1

    First the lone gunmen. Now the lone coder. Who's next on your calvalcade of spoilers?

  174. Maybe by Anonymous Coward · · Score: 0

    I'm not really sure. Why doesn't someone poke him with a stick?

  175. Leave The Country by Speak+Forcefully · · Score: 1

    Actually, it looks like the EU is bending over as usual for their US Lord and Master, so heading to Europe might not work.

    Canada? That probably won't last long either.

    Have you considered doing business as usual, and then when you are sued by Microsoft or a Souless IP Mill - cashing out and THEN leaving the country?

    Watching Condi Rice appointed Sec of State, for some reason, makes my default answer for just about everything these days involve "leave the country."

    Have you thought about setting up shop in another country? Just a thought.

  176. Due Diligance == owning a firearm by aaron_pet · · Score: 1

    we should be able to have our own stash of rockets and fully automatic patent lawyer deturents.

    --
    Please use [ informative / summarizing ] SUBJECT LINES
    Flame me here
  177. Lone Coder: Sales Help Needed by Anonymous Coward · · Score: 0
    I'm a one man company (well, two if you count my wife) and a lone coder who's in need of some help. I thought this might be a good thread to solicit such help so I'm sending out a call to all of you sales guys and gals out there.

    If you're a top notch salesperson, looking to work in a high-profit industry with interesting and colorful people while having a ball at the same time I'd like you to contact me. My company has just completed development of a specialized kiosk application that will be marketed to the gaming and motel/hotel industries. There seems to be some serious money to be made if we can get our technology into the right hands.

    If you're interested and have prior sales experience, drop me a line at adctech@gmail.com or call me at (918) 926-0139 so we can talk.

  178. Donations help profit by tutwabee · · Score: 1

    I would work off of mostly good free small software packages that allow for donations. Then you can make some bigger software that sells for a nice fair price. This is how people like Mike Lin do it. In my opinion, at least for portable programs the GPL is the way to go.

  179. The Details by PetoskeyGuy · · Score: 4, Funny

    LoneCoder does indeed appear dead. LongCoder started posting to slashdot in early 2000. His 7 short comments receiving a score of 1 each caused him to take a 4 year break from posting to slashdot.

    A carefully worded post praising Suse Linux netted him a score of 4 he briefly basked in his own reflected glory. Unfortunately his very successs was also his downfall. Unable to handle the thought of another 1 point post after gaining acceptance for the first time through /. moderators, LoneCoder took his own life.

    On his computer were found many text files containing various drafts of "In Soviet Russia", "Imagine a Beaowulf", and other unposted commemts along with his predictions on their possible scores.

    He leaves behind No Friends, No Foes, No Freaks, and No Fans, and no forwarding email.

    Remember his final words: SuSE rules!!

    1. Re:The Details by Tod+Hsals+5000 · · Score: 1

      that was hilarious.

    2. Re:The Details by themaidtricks · · Score: 1

      +4 funny? More like +400. Well done, sir.

    3. Re:The Details by Anonymous Coward · · Score: 0

      That was hilarious. Thanks for the laugh.

    4. Re:The Details by Superfluid+Blob · · Score: 1

      Best laugh I've had all day!

    5. Re:The Details by scum-e-bag · · Score: 2, Funny

      Thanks for a good laugh!

      Good karma is going your way!

      --
      Does it go on forever?
    6. Re:The Details by Tobias+Luetke · · Score: 1

      Single best slashdot post, ever

  180. He is now! by Rui+del-Negro · · Score: 0, Offtopic

    Is The Lone Coder Dead?

    Well, he is now. I walked up to him and he was lying on the ground, covered in blood and with his eyes closed. But I could see was still breathing. So I asked "Are you pretending to be dead, motherfucker? You're fucking pretending you're fucking dead, aren't you?". Since he didn't answer this simple question in plain American, I shot the bastard and put an end to the uncertainty. He's definitely dead now.

    1. Re:He is now! by Oswald · · Score: 0, Offtopic

      Good, 'cause that fucker and his asshole buddies were dangerous, and I would hate to think that I sent you to kill him and you pussied around and ended up dead yourself.

    2. Re:He is now! by Anonymous Coward · · Score: 0

      The word is not "dead", the word is "liberated". And we did it for his own good.

    3. Re:He is now! by Anonymous Coward · · Score: 0

      And how was he supposed to get killed ? BY BEING BLED UPON ? Those Iraqis were all wounded and disarmed. But I guess in the USA any excuse is good to kill a defenseless man in cold blood.

    4. Re:He is now! by Oswald · · Score: 1

      You don't think it might have anything to do with the way the insurgents conduct themselves, do you? I'm guessing all the ambushes and booby-traps make the U.S. troops a little less inclined to extend the honors of war to their enemy. The Marines don't start dirty wars, but that doesn't mean they don't know how to fight one.

  181. Lone coder by jkirby · · Score: 4, Interesting

    If you ar a lone coder and you are not worth at least 100 million dollars, no one will sue you. The legal costs of a patent suit would cost more than they could get from you. I am reminded of the old saying: "You can not get blood from a turnip"

    --
    Jamey Kirby
  182. What about malware? by AndroidCat · · Score: 1
    Is there still a niche for the lone coder in malware? There's certainly no patents to worry about .. I think. ("A Technique for One-Click Trojan Infection"?)

    Of course, over the last year with the alliance between spammers and virus writers, has the business grown to the point that it's become just another wage-slave job? (With the benefit of a possible star-appearance on Bubba-Eye for Script-Kiddy Guy, the complete "lifestyle-makeover" reality show with a 5-10 year run.)

    Just how large are the visible sort-of-legal spyware companies in Windows market? (The Bill-Gatorware companies, in other words.)

    --
    One line blog. I hear that they're called Twitters now.
  183. zerg by Lord+Omlette · · Score: 1
    Is the Lone Coder dead?
    I didn't do it!
    --
    [o]_O
  184. Reiser by Craig+Ringer · · Score: 1

    No doubt that's why all their software prints notices that are only a small step above begging for money :-P

  185. use java by asapien · · Score: 1

    If you do something based on the standard java libraries, well then hasn't Sun written the technology that your system is based on? I would think that java is very attractive to coders who have limited resources and want to write commercial software. Sun has already settled in a lot of patent lawsuits, so there's a layer of protection in using the java libraries, they even had to pay out on the Kodak lawsuit over the patents Kodak bought from Wang, and if you do something really ground-breaking with java, Sun certainly has an interest in seeing you suceed with java as a commercial programmer. Although I'm more fond of python as a language, I could see where jython and java are a nice combo for creating commercial, closed source software. Java was designed for commercial use, and with its extensive and now very mature and given that its not just a language, but an extensive library, it makes it a lot easier to do commercial software with limited resources.

  186. Lone [Sex] is Dead. Long live the [Orgy] by Anonymous Coward · · Score: 0

    "[Selling sex] is dead, for all the reasons you mentioned.

    What's a [sex consultant] to do?

    [Donate your body to] an open source project, gove away all your hard work.

    THEN...

    Offer your services as an [sex consultant] for said open source [Masturbation aid] for businesses[men].

    Implementations are not fun, but pound for pound, you get serous cash. Especially if you wrote the [Masturbation aid] to begin with. You can charge the most."

  187. Actually, doing patent searches is bad.... by nullset · · Score: 2, Interesting

    If you look for patents you may be violating then ignore it, you'll be charged with willfull infringement and forced to pay 2-3x what it would be otherwise.

    So my 'not a lawyer' advise is don't look for patents until someone comes knocking on your door.

    --buddy

  188. Chris Sawyer coded Rollercoaster Tycoon by himself by SageMadHatter · · Score: 1

    He's a prime example of the lone coder still existing today. He wrote Rollercoaster Tycoon by himself, and 95% is in x85 assembly to boot!His website

  189. Cosa Nostra pizza delivery.... by ManyLostPackets · · Score: 1

    You can always deliver pizza for Uncle Enzo

  190. It's too late, or never late enough. by Anonymous Coward · · Score: 1, Informative

    Check out Tim Bray on software patents.

    His basic conclusion is that every significant piece of software infringes on some patent, so get over it.

  191. Is the lone coder dead? by magic · · Score: 1
    Gosh, I didn't even know he was sick.


    -m

  192. Re:The Lone Coder is Dead. Long live the Consultan by kubrick · · Score: 1

    Another point being that as soon as companies think that they would gain an increased income stream from continually increasing patent lengths, who's to say that they won't force that through the legislature in the same way that the content companies have been doing for copyright?

    --
    deus does not exist but if he does
  193. We are ALL lone coders... by Halvy · · Score: 1

    It's always individuals that contribute to projects, especially in large companies.

    But there is more incentive for us 'little' guys to learn how to fight and protect ourselves from people like $ill Gates and eventually get our share.

    Everyone loves you when you are rich or successful, but when you are struggling as an entrepreneur, nobody will help you.

    I personally believe it is MORE important to 'feel rich' inside my heart, than having my bank account over-floweth, than the 'other way around'.

    Also, if we DON'T give up, then we get to keep most of our profits, and tell everyone else who discouraged us or were mean while we tried to build a livelyhood, to "..#@&*#$@*+$#@..!!"

    LIke most large organizations, the 'Open Source Community' initially started with very few people, probably actually only one at the very beginning.... sooooo.. "take that, Bill Hates!!!" :)

    --
    I will gladly loose all of life's battles.. in order to win the war..
  194. Spoiler dupe! by IntelliTubbie · · Score: 1

    Didn't Slashdot break this story a couple years ago? Oh well, at least we won't be subjected to the indignity of a lame "Lone Coder" spinoff series.

    Cheers,
    IT

    --

    Power corrupts. PowerPoint corrupts absolutely.

  195. Collaborative Bargaining? by Darth_Burrito · · Score: 1

    For the past week or so, I've been trying to think about ways little guys can survive earning an honest buck in today's patent environment. One way might be for independents and small businesses to form collective bargaining units. So instead of one company with a tiny one or two patent ip portfolio, you have 1,000 companies with thousands of patents. All of a sudden, a big company can't be so sure of what might happen if they try to squash the little guy.

    In terms of the lone coder being extinct or not... I think the patent craze we hear about all the time on slashdot is probably a little like RIAA lawsuits. You hear about them everyday, but they only affect a statistically insignificant number of people. I expect that if you are not painting a big red X on yourself by going after big/entrenched players like Microsoft, you're probably not going to get patent-smushed.

    Just sort of an add-on... there are ways to be the lone coder without being a one man software development company. For example, I'm a sys admin / developer in a small university department. I provide a lot of integration/misc development to handle the needs of our office, and I'm effectively a lone coder. Because I'm a pretty good worker, I also have a lot of freedom to pursue things that might help out the office. Essentially, they let me self direct within the boundaries of our organization's purpose. Of course that's not the same as being your own boss in your own development company, but some aspects are qualitatively comparable. I guess I'm saying if you can find a job as the-it-guy with a friendly organization with some development needs, you can gain many of the lifestyle benefits of being a lone coder.

  196. oh god by TubeSteak · · Score: 1

    oh god, you linked to slashdot, on slashdot.
    worse, it was a +5 funny.
    maybe now we'll melt down /.'s servers?

    --
    [Fuck Beta]
    o0t!
  197. Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

    Piracy - That's Where You Need to Battle. Patents only matter if they think you will hurt them in any way, or if they can profit from you in any way. You won't. They can't. Pirates will eat your sales to the point you'll want to go back to McDonalds and flip burgers. Half you "sales" will never come, and eventually, 90% will never come.

    1. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

      Hear! Hear! I've seen this on more than one release. When you might make $1k over a month (god is that terrible), once it's available on the share (sic) networks, china websites, or fuck-brain.ca, any chance of seeing even a third of that is long gone.

    2. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

      Open source and you won't have to worry about not getting paid, and the chinese will leave you alone too. I don't know about fuck-brain.ca, being fuck brains, donchano.

    3. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0
      .

      McDonalds? I'd rather be a dead programmer than work at Mikey-Ds.

      Besides, that still leaves you with 10%.

      .

    4. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 2, Funny

      If hardware was somehow delivered across warez networks, would anyone buy hardware? That's why warez is so destuctive; things stop being created. A world with 6 billion people and there are two browsers. A world with 6 billion people and all the idiots come here.

    5. Re:Piracy - That's Where You Need to Battle by scum-e-bag · · Score: 1, Insightful

      "That's why warez is so destuctive; things stop being created."

      No. What is so destructive is when an economy comes to rely on Intellectual Property laws to create wealth. Intellectual Property laws are laws, which, create an artificial protective bubble around an economy. This protected economy has negligable physically tangiable assets. As soon as the laws become unenforceable the economy crumbles.

      Intellectual Property is to Property as Fools Gold is to Gold.

      --
      Does it go on forever?
    6. Re:Piracy - That's Where You Need to Battle by SlamMan · · Score: 2, Insightful

      Um, you could say the same thing about cash, or stock. If the government crumbles, you're out of luck.

      --
      Mod point free since 2001
    7. Re:Piracy - That's Where You Need to Battle by scum-e-bag · · Score: 1

      Stock represents ownership of a company. Good companies have tangiable assets, and some actually have a good profit.

      Cash is reliant on the government. The value of cash is tied to many different "tangiable" assets and enables their liquidity without the need for a complex barter/trade system. The theory behind Intellectual Property allows the exchange of one non-tangiable asset with another. This is where cash and IP differ.

      Yes, these systems all rely on governments and their laws to work. If the governments ability to enforce its' laws crumble, then you are out of luck. The gorvernment is unable to enforce IP laws to any great extent.

      --
      Does it go on forever?
    8. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 1, Insightful

      I agree, this guy is an idiot. It's not IP laws per se but the KIND of IP laws enacted. Without them people can't get paid for their work and I for one am not a communist. Trouble is, the US is enacting laws written by the the biggest cash donors, so the laws suit their needs. This is not neccessarily good for the economy as a whole.

      As much as I hate the tactics of the RIAA, MPAA, MS, etc., they have a point even if you don't agree with it. If everybody works for free what's the incentive to work at all?

    9. Re:Piracy - That's Where You Need to Battle by Hognoxious · · Score: 3, Interesting
      Stock represents ownership of a company. Good companies have tangiable assets
      Good companies have intangible assets too. That's why they're worth more than the sum of their tangible assets, because if they didn't they'd be bad companies, and they would be targeted by asset-strippers.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    10. Re:Piracy - That's Where You Need to Battle by BreadMan · · Score: 1

      >> The value of cash is tied to many different "tangiable" assets
      In the US, at least, our currency is fiat based. It has no "real" value, the gov't holds nothing tangible that you can lay claim to with your dollars. Dollars are valuable because you think they are.

      The US went off the gold system for good with the Bretton Woods accord under Nixon.

    11. Re:Piracy - That's Where You Need to Battle by SlamMan · · Score: 1

      Stock represents ownership, in the same way my patent represents ownership. Both have value only so much as their value is recognized by other people.

      --
      Mod point free since 2001
    12. Re:Piracy - That's Where You Need to Battle by Grishnakh · · Score: 2, Insightful

      This is why it's stupid to try to sell software to the masses when you're a small company. I have no sympathy. Trying to sell boxed software for general consumption is suicide, because 1) you'll face too much competition from traditional large software companies, and 2) people will just pirate your software anyway. Face it, individuals are just too cheap to buy your stuff.

      If you want to be a "lone coder", you need to work as a consultant, creating software for larger companies under contract. They supply the specifications, you supply the software. Something like 95% of all software is in-house software, and is not sold as a retail product. Companies need all kinds of custom software to do various specialized tasks for them; this is where your opportunity as a "lone coder" lies.

    13. Re:Piracy - That's Where You Need to Battle by mOdQuArK! · · Score: 1
      Without them people can't get paid for their work and I for one am not a communist.

      I'm not a communist either, but I believe people should be paid only for providing a good or service - not get paid over and over when they only did the work for a single act of creation (especially in the case where they can stop anyone else from performing a similar act of creation).

      It must be nice to have the law enforce an artificial business model (and to have a lot of people believe in the righteousness of that business model). If I could somehow brainwash a lot of people into believing that the act of picking my nose required that everyone in the country sent me a $1, life would sure be a lot easier.

    14. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

      The problem with working for pay is that you have to make other people happy. At least you have to make your customers happy if you're a lone coder. If you enoy your work and have money, you can work for free and produce garbage that no one wants.

    15. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

      Us, is this a lyric from an alternate version of Eminem's new single: MOSH ?

    16. Re:Piracy - That's Where You Need to Battle by Anonymous Coward · · Score: 0

      > 1) you'll face too much competition from traditional large >software companies,

      Oh, BS. First, what is a "traditional" software company? Second, do you honestly think anyone (except for Bill Gates) wants to risk developing a product for which there is already competition? And as far as Bill Gates is concerned, he's on the sidelines in this respect now (because the high court has recorded a judgement against his company in this regard that can be cited in future litigation). What you really have to worry about are other self-funding software ventures taking you on with a superior product --but as far as anyone running off of an investor's dime, they aren't going to enter your space before at least offering to buy you (unless your product is non-viable anyway).

      >and 2) people will just pirate your software anyway.

      That's why you order a hardware dongle SDK from www.safenet.com and include one with every non-feature-restricted version of your software sold. In the future, Microsoft will be there with son-of-paladium which may eliminate the need for the hardware dongle. Another solution is to teather yoru app to a webserver out on the Internet. Doh.

  198. Re:The Lone Coder is Dead. Long live the Consultan by Anonymous Coward · · Score: 0

    No kidding. I recall listening to a friend of an associate bemoan the time involved in the replacement of some component of an automobile requiring six hours. I thought about how nice it would be to have an assignment that only took six hours. I don't even know what that would feel like. People have absolutely no idea how much time software requires to write.

  199. Unfortunately... by ReKleSS · · Score: 1

    This isn't quite the case. Sure, you probably won't be sued for a game concept' but possibly the related technologies. For example, id got attacked by Creative for some shadowing thing, and some crackpot company went after severas major game developers for something that effectively equated to the basis of 3d rendering. The specifics of each shouldn't be hard to find.
    --ReK

    --
    md5sum -c reality.md5
    reality: FAILED
    md5sum: WARNING: 1 of 1 computed checksum did NOT match
  200. validation of success by kencurry · · Score: 1

    look at it the other way - if no one's trying to sue you, then you probably are way below their radar screen and not making much penetration into the market.

    --
    sigs are for losers (except to point out that sigs are for losers)
  201. Isn't that part of what Open Source is for? by AndyChrist · · Score: 1

    It gives a lone coder the ability to participate in larger projects if they want to, while using the work of the larger group as a basis for filling niches.

    There has got to be SOMEONE out there making a living customizing open source software for specific needs, by himself (and lets not kid ourselves here, it's almost certainly HIMself).

  202. Ask Several Hundred Active Shareware Developers by RonBurk · · Score: 1
    If you have any serious interest in selling software as a lone coder, pop for the $100 membership and join the ASP. In the members-only newsgroup there, you can pose this question (and many others you'll have along the way to profitability) to the hundreds of one-man shops that are making everything from modest riches to an OK living to some extra beer money.

    Patents are certainly a bigger problem than they use to be. However, it's still somewhat rare that a patent puts an ASP member out of the market. Sometimes a payment deal is struck. Probably the most common event is that people get "patent fishing" letters from IP law firms who send out lots of "you might be violating our patent" letters in the hopes of reeling in some payments. The reason is, it's often hard to prove you're really violating a patent without a look at your source.

    But this is just one of many issues you'll face as a shareware developer (I use "shareware" to simply mean the "try-before-you-buy" marketing scheme that almost all independent developers who sell to the public use). If you're serious, do yourself a favor and join the ASP so you can avoid a lot of costly mistakes.

  203. Are novelists in the same predicament? by MmmDee · · Score: 1

    The item brought to mind a question and I'll admit to having not read all 400+ replies to see if it has been mentioned and addressed. Does the concept of IP apply to novelists beyond the current definition of plagiarism? I mean, how many times can a couple walk along a moonlit beach (etc, etc, etc). Seems like someone should hold the "copyright" to that idea and be able to sue any other author that incorporates that idea into their story. Pretty soon, just as in IT, all the known great ideas will be gobbled up by a handful of authors and no original stories can/will be written.

    --
    No man's an island, unless he's had too much to drink and wets the bed.
  204. You are not alone by museumpeace · · Score: 2, Interesting

    ...and you have some venerable company in Dan Bricklin.
    The bad news is ,neither of you are likely to get rock-star rich from your spiffy new idea. As for the idea-sewer that the USPTO has become: take advantage of it. The barriers to filing were lowered and you can stake your claim easily enough...just try to make your money before you get sued. The examiners have been forced to leave the real work up to the courts but by the time the process reaches that stage, you should have sold your company and gone on to the next thing. Dan Bricklin would say to just forget about patents alltogether

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  205. Dont worry about Patents by Rsriram · · Score: 1

    As a smalltime programmer you need to worry about patent infringment only if the holder goes after you. And holders go after you only if you have made a million dollars and look like you will make a few million more.

    I dont think holders (large ones) are scouring all insignificant software to determine if any of their 3988 patents have been broken. Such an exercise can banckrupt even MS!!

    But if your product is very successful and you have made a few million dollars, they might come after you. But remember by that time you are no longer the smalltimer you are now and our sympathies are no longer with you:-)

    --
    O this learning! What a thing it is - William Shakespeare
  206. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    I wish my highschool sweetheart would become gay, then we could live on the beach together.

  207. Big ones first by Craig+Ringer · · Score: 1

    More likely they'll go after the big fish first, then you smaller players later.

    I just don't think that's true at all.

    The litigation companies go after a series of smaller operators first, forcing them to settle or driving them to a loss in court. They use this series of "victories" to help bolster the legitimacy of their patent when going after bigger companies with deeper pockets who can afford decent lawyers.

  208. Check this little guy! by u01iz · · Score: 1

    Check this file explorer.

    Its called xplorer2 and its my favorite program. It is a very successfull one guy effort.

    http://www.zabkat.com

    Its a gem!!

  209. Do they offer Corporation Registration Service ? by Taco+Cowboy · · Score: 3, Informative

    Setting up shop on Sealand can mean a lot of thing - physically, virtually, or legally.

    Physically, I doubt that Sealand can hold many a lone-coder, for they are just the size of a football field, in the middle of nowhere.

    Virtually, maybe I can get my domain / website to be hosted there, and no one has the legal right to confiscate my server. But this still doesn't offer enough protection.

    So we go to the third option - Legal

    Unless Sealand is a internationally recognized sovereign country, anything registered there, whether be corporate entity or not, will NOT be recognized anywhere else.

    The money made by corporation registered on Sealand - if they offer that - will be deemed "black money" in the rest of the world, and legal agencies from the Tax Department to FBI will harrass you whenever you transfer money out of your Sealand account into your local account.

    So ... let me ask the gurus here --- Is there any way for people like us - lone coders - to be offered any protection from the fascist law firms out there ?

    --
    Muchas Gracias, Señor Edward Snowden !
  210. The Lone Coder Usually Does Work For Someone Else by NoelWeb · · Score: 0

    As a "Lone Coder," I am always working for someone else. Sure, I have my own ideas and develop some nifty things for others to download, but to keep my finances intact, I have to sell my skills. I have 2 sales people, but as far as actual production, I'm it.

    The patent-feeding-frenzy doesn't scare me, as its my clients who will have to deal with any problems that arise from such debates. They tell me what to do, and I do it. Its there ideas, and in the end the products I produce are usually work made for hire.

    The lone coder will always live on!

  211. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    I'm movin' to where you live.

  212. Hmm, anyone changed jobs? by MudDude · · Score: 1
    Howdie,

    I sometimes thought about changing jobs from IT to Security Guard or something. There must be jobs out there that require you to sit still for really long hours doing basically nothing.

    Think of the programming you could get done!

    Has anyone actually decided this, in order to be able to properly help code (your own) open source projects?

    --
    You don't need to see my .sig. This isn't the .sig you're looking for...
  213. Of course your view is not popular. by jotaeleemeese · · Score: 2, Insightful

    Software is a comodity, rarely a luxury product anymore.

    Most programmers do not realize that their role has changed in many instances from IT Designer or Engineer to IT Quick FIx or Janitorial Service.

    If you do not understand the nature of software today do not expect to receive sympathy for a vision of the wolrd that is contradicted by day to day reality and facts.

    The only thing copyright infringers can't copy is your personaly lended support. The more software you write and release under open licensing schemes, the more software there is out ther to be mantained and customized.

    Programmers should not see themselves anymore as designers but mantainers and IT tailors.

    Write useful software, release unencumbered of close licenses and make it known you are the final authority regarding the software.

    If it is truly useful you will have business expanding its usefulness.

    If it is not (yet another window manager for example) then frankly you should not expect much recompense for your efforts, appart from the joy of learning.

    --
    IANAL but write like a drunk one.
  214. Re:Count me as a fellow Lone CoderWhat exactly is by jotaeleemeese · · Score: 2, Insightful

    And frankly I despair when I see such nonsense rated insightful.

    If you are referring to the software you write yourself, nobody is forcing you to license its distribution under the GPL. Of course people writing similar applications and releasing them under the GPL will have a competitive advantage: I as an user want to own my IT infrastructure and am tired of vendor lock in. If you can't deal with that, thoug, but still nobody is forcing you to release the fruits of your labour under the GPL.

    If is other people's software you are complaining about then get a grip, the authors can release it under wathever licensing scheme they see fit and is none of your business dictating how they do it.

    So exactly what is your point?

    --
    IANAL but write like a drunk one.
  215. open source by Anonymous Coward · · Score: 0

    I think they all moved to open source models.

  216. Cry us a river. by jotaeleemeese · · Score: 2

    So what you are saying is that the GPL is bad because commercial interests can't be arsed to invest in R&D and would prefer to obtain things without any effort?

    Well, I welcome that. If well known examples are any indication, companies will run with things, will pretend they are innovating and the most cynical will even start using their "IP portfolio" in creative legal ways.

    If the only way to protect the commons is by keeping at bay potential abusers then the GPL is a wonderfool legal tool to achieve just that.

    --
    IANAL but write like a drunk one.
    1. Re:Cry us a river. by Muddles · · Score: 2, Interesting

      Im the lead developer for a small company, we write web applications. What we do isn't inovative in a technical sense, but the ideas are. We rely on the fact that we're first to market with a feature, maintain that lead while others play catchup as we implement the next set of new features.

      The problem with the GPL for us, is that it effectively removes that barrier to entry, and allows other commercial interests to do exactly what you're claiming the GPL prevents. If we release our code GPL, they can include all the features we have letting them jump straight into a level playing field without being arsed to invest in R&D and without any effort (on their part anyway, the long days and late nights are all mine). All because we based a small part of the development on GPL or LGPL code (we're a java house, they work out about the same). For this reason we avoid the GPL and stick purely to Apache/BSD libs, or commercial code if there is no alternative.

      The terms of the GPL are commercially friendly, if you are a big company with a recognizable brand (apple, sun, ibm) and a small army of people writing your code. For us and many other small companies that I work with and speak to, the GPL is a complete non-starter. The GPL fails us, because it makes demands that we just cant commercially justify and puts our future viablity as a company at risk. Apache and BSD licences allow us to give back to the community on terms that dont put our livelyhoods at risk.

  217. Re:The Lone Coder is Dead. Long live the Consultan by dduck · · Score: 1
    Err.... no!

    I am a lone coder, and I make out just great! My one-person company has managed to design, code, market and sell a very popular suite of Software (suite, even!) and outcompete the existing products in about 2 years, making about USD 200.000 in the process.

    I'm not saying it's easy - by no means - but it's far from impossible, and if you succeed, you won't have to split the spoils.

    IMHO the biggest mistake people who do software startups make is not to wait for the right idea. Far too many of the startups I know off are not really selling software (which scales), but in various ways (direct or indirect) their time, which DOESN'T scale.

  218. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    became a lesbian several years ago and moved to North Beach.

    I thought the lesbians took over 24th St and Noe Valley after quietly squatting in the Valencia St area for many years (and of course vacationing amicably with the gay men along Russian River ironically (Hi Alanis!) close to the opposite end of the spectrum who gather over at Bohemian Grove deciding on the fate & future of the world.

    Please god don't let them take North beach, too...

  219. My 2 cents by MasTRE · · Score: 1

    As someone who's contemplating doing this very thing myself, I'd like to propose a possible solution (or plan) and pose a new question:

    What I would (er, am doing) is forming a limited-liability corporation that will not hold me personally liable in case of legal problems. In case the software produced by the company is found to infringe patents, and hostile action is taken against the company (not mere cease-and-desist), you shut it down, sad day, for sure, but you live to fight another day.

    Now my own dilemma is this: it looks like my product provides unique functionality. So unique, in fact, that - you guessed it - it's patentable. But from what I hear it takes tens of thousands of $ to patent something. For some of you a few tens of thousands of $ does not a large sum represent, but for me it does. Some bad luck along the way is involved, too, but regardless, this is my situation. No way can I afford to pay 30-40 large for a patent. Even if I had that kind of money, which I don't, unless I had 10 times that much available, I wouldn't spend it all on a patent for something that is not guaranteed to make me a single cent. So, what are the options I can explore? If I put the product out there w/o a patent, and it does turn out to be a killer app, it will be copied by someone with 10^3 times more resources than me and my product will be killed.

    It's pretty hard for us little guys, especially since the monkey in charge is only concerned with the rights of corporations.

    --
    Must-not-watch TV!
    1. Re:My 2 cents by Anonymous Coward · · Score: 0

      if you're in the US, the cost of filing a patent electronically yourself is under 1K. You have to write the patent yourself, which does take time to learn. the software provided by the patent office is a pain to use, but it does work once you get it setup. If you're in EU, then the situation is much more complicated.

  220. Patent laws don't apply to you by Per+Abrahamsen · · Score: 1

    Well, formally they do. But "the lone coder" will almost always do consulting-type work for small businesses, and you will be under the radar for most IP holders. You can violate patents and trade secrets as you wish, and you can violate copyrights and even trademarks as long as you are not to blatant about it.

    Of course, if you want to make shrink-wrap software the software is different because you need to advertise it widely. But I think the room for lone coder shrink-wrap software is very small anyway.

    Go for the one-product, one customer market instead. That is where the jobs are.

    1. Re:Patent laws don't apply to you by carldot67 · · Score: 1

      I concur.
      Although here in the EU it isnt such a hairy big deal yet, my work in biotech recently involved a very small company with a technology that may-or-may-not have infringed something called "The Southern Patent".
      No problems until the product was ready to ship and it started getting commercial exposure at which point a letter from the patent holder arrived. The letter (I paraphrase) read: "We are (blah) it has come to our attention (blah) we believe you may be infringing (blah) let's have a chat".

      Most patent holders will not try to kill you but they will want, say 1-5% of your sales. They are not monsters and generally will work with you to find a solution. What they cannot do is ignore you as by doing so they kind of weaken their ability to defend th patent against other, bigger fish.
      Anything you do pay will be counted as a business expense hence will be deductable.

      As a precaution, do a quick check on one of the free patent search engines and keep the printout. This will show that you haven't been reckless or wilfully ignored the filings.

      Or move to the EU.

      IANAL

      --
      I wish at was Friday, but I dont want to wish my life away. So I wish it was last Friday.
    2. Re:Patent laws don't apply to you by pommiekiwifruit · · Score: 1

      And when the other 20 patent holders each want 5% of sales?

    3. Re:Patent laws don't apply to you by smchris · · Score: 1

      Or move to the EU.

      I wouldn't be averse to a foreign corporation. But what if 90% of your business would be with the U.S. anyway?

  221. Re:Do they offer Corporation Registration Service by Anonymous Coward · · Score: 0

    Congratulations on being the first person I can remember on slashdot to use the word "fascist" correctly. (Collaboration of State and corporations against the interests of the individual.)

  222. On Mac, he/she still lives by Ilgaz · · Score: 2, Informative

    http://www.hamrick.com/ Ed Hamrick, Author of Vuescan, supports 100+ scanners/cams HIMSELF. I licensed Vuescan while having Canon's own scanning software. It was simply better.

    http://www.lemkesoft.de/ Adrian Lemke, Author of Graphics Converter.

    You meant single coders, those guys are single coding. I know more like 2-3 coder guys/gals , also use/buy their software.

    What about RAR "labs"? We know its a single guy coding (Alexander Roshal) .

    If people buy the stuff they use, there will be many more "lonely coder" guys.

    1. Re:On Mac, he/she still lives by Anonymous Coward · · Score: 0

      I'm betting you don't have a cell phone that has Bluetooth, otherwise how could you have left Jonas Salling off your list?

    2. Re:On Mac, he/she still lives by Ilgaz · · Score: 1

      "Re:On Mac, he/she still lives (Score:0)
      by Anonymous Coward on 13:18 17 November 2004 (#10840652)

      I'm betting you don't have a cell phone that has Bluetooth, otherwise how could you have left Jonas Salling off your list?"

      Yes, I got it too, licensed. Forgot to tell it, sorry.

      In fact, I must learn Applescript because of that program :)

  223. Patens == !startups by formal_entity · · Score: 1

    Yeah the US lone coder is dead but might be resurrected if legislation is corrected. The European lone coder still awaits his verdict, but will hopefully be acquitted. Note that when a man and his dog can no longer sustain business it's probably equally hard for a startup. Patents creates an unhealthy environment for new companies and thus for economical growth!

  224. air by Anonymous Coward · · Score: 0

    World company has a patent on breathing so hold your breath!

    1. Re:air by jeisc · · Score: 0, Troll

      World company has a patent on breathing so hold your breath!
      i wrote that so don't steal it.

      --
      This is a test!
  225. patents and the lone coder by mabu · · Score: 2, Insightful

    Personally I wouldn't worry about patents. The original intent of patents were to protect IP but now they're primarily used for two other purposes: to stifle innovation and attract investors. The lone coder doesn't really need to feel intimidated by either of these issues. In a worst-case scenario, if you manage to create an app which attracts the attention of an entity which would threaten you, at the same time you'll probably also be approached by entities that are interested in acquiring your technology (and willing to help defend it).

    It's a sad commentary on the state of innovation in our society that something like this is even an issue. Imagine if all the great artists throughout history were discouraged by the thought that their work might infringe upon or offend somebody, or whether or not the prospect was profitable.

    Then again, if you're getting into coding merely as a means to an end, you can do us all a favor and don't bother. If you haven't identified an area where you think you can contribute, why bother? You're in the biz for the wrong reason and we have enough lame code from un-passionate producers just doing it to make a buck.

    1. Re:patents and the lone coder by justins · · Score: 1
      In a worst-case scenario, if you manage to create an app which attracts the attention of an entity which would threaten you, at the same time you'll probably also be approached by entities that are interested in acquiring your technology (and willing to help defend it).

      I would think the worst-case scenario would be having the interesting parts of your technology stolen by those entities, as terms in a legal settlement to keep them from suing you into financial oblivion. Happens fairly often, no?
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    2. Re:patents and the lone coder by mabu · · Score: 1

      Generally speaking, tech people are an eccentric bunch. The best among them are usually not concerned with IP theft. A good analogy would be that of a musician, who's afraid to have his music recorded for fear someone will steal it. Big whoop. A true artist is not motivated by such selfish desires and benefits exponentially more in the long run by freely sharing his work. Even the chaff from such efforts is more substantive than trying to maintain control of everything and living in a miserable sphere of paranoia.

    3. Re:patents and the lone coder by justins · · Score: 1

      riiiiiiight

      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    4. Re:patents and the lone coder by narcc · · Score: 1

      I agree. Anyone who would hold back their own innovation for fear that they couldn't capitalize on it is one selfish bastard. Real artists and innovators desire to benifit humanity -- not just themselves.

      Isn't that what open-source is all about?

  226. Yes, but .... by Shadowlore · · Score: 1

    Second, according to the DMCA reverse engineering is NOT illegal. Breaking copy encryption is.

    But compiling is a form of encryption, your honor. /me ducks

    --
    My Suburban burns less gasoline than your Prius.
  227. Wrong by SmallFurryCreature · · Score: 1
    It all depends on what kinda software you are talking about. Consider a lamp webpage inside a company that does some datamining. You know the stuff. Department X needs to get each day a set of data that is really gotten by going into several different data sources and doing some business stuff and then displaying the results. In the olden days they just do it by hand but you can make a living of automating this.

    Of course with lamp (linux apache mysql php/perl) being "free" software you can't really make any money of selling it. Although IBM seems to manage it but they are of course not counted because they don't agree with your theory.

    You can make a living by using this "free" software to write your stuff. Businesses will always require custom written software. If the tools for making that software is free they safe money wich can then be spend on custom software.

    Less work for MS, more work for me. This is bad why? Oh sure, MS is a lot fancier then Factory X wich needs a simple inhouse programmer. But some of us can't or won't work for MS but like their job at Factory X.

    All GPL is doing is shifting work and money from the tool makers to the tool users.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  228. -1, obvious by DrHyde · · Score: 1

    if only i had moderation points today ...

  229. Prior Art by DoubleSlashNick · · Score: 1

    Prior art will hopefully solve that problem in some cases. And as long as the lonesome coder works for dedicated clients and does not make software for the masses, no one will notice any patent infringes. At least I hope so. Am I a naive and not just lonesome?

  230. Depends by Anonymous Coward · · Score: 0

    I've haven't made a living off of it, but I still make an extra $4000-$6000 a year consistantly from writing donation-ware.

    I've writen quite a few drivers which take me about a day or two to write and often get about $1000-$2000 from them into my paypal in a few weeks.

    I'm writing a new driver now which I expect should yield closer to $4000 since it's a much cooler piece of hardware and I've seen demand is high. I'm even tempted to require payment after 15 days to make $10000 instead

    Also, little programs like a vCard editor which I'm working on that includes support for many different extension fields including PGP and S/MIME keys should pay at least a few hundred bucks.

    The important part is that when you try to write programs that you intend to make money from, you have to be high quality. Spend less time writing toolkits for things and more time writing what doesn't exist yet.

    I would personally recommend investing as much as a year in the development of a contact management/calendar program which focuses on sales person mobility as a start. Many companies aren't willing to let their sales people use Outlook and the others are far too expensive to license on a large scale. So a $15-$20 sales person contact manager has a good market. Integrate it with Skype as well and there's possibly license fees to be made.

  231. not an easy question... by i+chose+quality · · Score: 1

    what is the sound of a lone coder falling?

    --
    the computer is online
    i am not at it
    what a waste of ressources
  232. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    So... how many of them had additional belly overhang? (I'm assuming you're writing from the US)

    Belly overhang and belly button piercing really is the worst combination.

  233. Re:Do they offer Corporation Registration Service by Anonymous Coward · · Score: 0

    Actually, 'fascism' is to do with how a system of government is organised.
    Fascists believe that a single person making all the decisions is the most efficient method of organisation.
    Communists believe that the people should make their own decisions collectively.
    Parliamentary Democratists (that's us) adopt a compromise position and believe that a small number of individuals making the decisions, but accountable to the people at regular intervals, is best.

    Note that fascism does not include racism (that's Nazism or National Socialism), or any attitude to commercial organisations (except that they should obey the leader like everyone else). Fascism is also irrelevent to capitalism, and vice versa.

  234. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    he also had Glaucoma due to prolonged screen use

  235. The Lone Coder is dead if... by Anonymous Coward · · Score: 0

    he continues to write software for dead platforms like Gentoo and BSD. If he doesn't put aside his childish feelings about Windows and fanboy ways he'll trod down the path to oblivion, all the way following after the path worn by Gentoo and BSD.

  236. good question on us patents by chrisranjana.com · · Score: 0

    yes it is quite difficult indeed

    --
    Chris ,
    Php Programmers.
  237. racist is not correct by HBI · · Score: 1

    "ethnically biased" is more like it.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:racist is not correct by flacco · · Score: 1
      "ethnically biased" is more like it.

      yeah but it's not as snappy.

      --
      pr0n - keeping monitor glass spotless since 1981.
  238. Fine, so long as the Sealand marketplace is enough by werdna · · Score: 2, Insightful

    Patents in the US govern any manufacture, use or sale of a product within the U.S., but also any importation or offer to import therein. Most nations have similar rules. Ultimately, if you want to play in foreign markets, you are going to expose yourself to liability elsewhere, for which you can ordinarily be served by international treaty.

    I don't know if Sealand is signatory to Hague, but even if it isn't you still can't do much harm to others or good for yourself from the bitsy island, unless that is where all your assets are located, and everything you want is there.

    Sure, you can go to sealand and infringe away, but don't imagine for an instant you can exploit the invention beyond its borders without risk.

  239. Creative Law. . . by Fantastic+Lad · · Score: 2, Insightful
    Write something beneficial to humanity, make it available at a reasonable price, (or for free), and the Universe will help you out. You don't need to worry so much about IP laws and copyright. Just get the job done, and if somebody else uses your idea, or if you use somebody else's, then that's fine; it means a beneficial system is propagating. If you don't get in the way of energy propagation, if you are both selfless and savvy, you'll be amply rewarded in unexpected ways. There are always enough customers for a good idea.

    The more you give, the larger a conduit you become, and the more you are able to transit through yourself in the future. It really works and it's not magic.

    Example. . .

    Two creators are sitting on great ideas. Creator A doesn't want to start development until a third party offers pre-payment and guarantees of recognition and general safety. Creator B understands that giving is power and so jumps right in, develops and distributes the idea, making sure in advance only that the system being created is logical and viable enough to pay for itself. The end result, you've all seen. Creator A goes nowhere and does nothing, while Creator B, if the idea is of true benefit and interest to humanity and the execution was not driven by wishful thinking and the wasteful expenditure of energy through poor planning, will be seen and respected and the money will start to flow. --The more integrity, work and faith Creator B puts into the system, the wider the conduit grows.

    The "Homestar Runner" guys are worthy examples. --They put up their work with no promises offered to them, and these days they make a living selling thousands of T-Shirts, coffee mugs, CD and DVD collections. They turned down a TV development offer, which could have vaulted them into an even higher power bracket, but they were comfortable and best suited for their conduit width as it stood. But if they continue to give in earnest and if their work continues to be valued, they will have more offers in the future when perhaps they are feeling ready to grow.

    I've met a bunch of guys who have perfectly viable ideas, but who won't start development because nobody is offering to pay them for their time and effort up front. They will not go anywhere.

    Finally. . , very few people need to get rich. Being super-wealthy naturally attracts IP lawsuits, etc., and that's where the problems start. Being wealthy is a huge responsibility, because it means maintaining and working with a very wide energy conduit which, while it can do a great deal of good, can also be very demanding. Evil empires are easy to spot, because they are naturally attracted to needless collections of enormous and unwisely used power. It's entirely possible to be quick-moving and healthy on a lower level and not have to worry too much about the behemoth control freaks. --And when people do have to worry, (there is the eternal war on between Good and Evil, after all), then the support network is a powerful device which can protect the really pure gems of its own system. The SCO affair is an example of how evil can be very effectively shut down with minimal effort. Like swatting a bug. Without the current network of giving individuals is in place, SCO could actually have become a real problem. As it was they were swatted down like a bug. Evil is inefficient and stupid because they employ wishful thinking; they don't plan realistically. If they did, they would see that selfishness is ultimately self-defeating and they would choose not to be evil.

    So long as you remain part of the 'energy' distribution network and stay on the Light Side, you'll be well taken care of. I stopped worrying about these things a long time ago, and just focus on feeding my community as best I am able, while cutting off those who do not give anything in return to the network. When everybody gives, the system grows and those who are part of it are laughing.

    Works like a charm.


    -FL

    1. Re:Creative Law. . . by Mage+Inq. · · Score: 1

      Excellent points - implementations don't get build on their own. What goes around comes around. Karma will see to your accolades. Insert your own "Field of Dreams" reference here.

  240. I think you are missing the point... by iiioxx · · Score: 1

    step one Incorporate.

    step two pay yourself a salary

    step three you are safe.

    While this is a grossly oversimplified statement, you are correct in the basic concept that incorporation protects the personal assets of the small businessperson. When I started my own technology services company, the first thing I did was to incorporate to limit my personal liability, even though I was only a one-man shop.

    However, I think that misses the larger point under discussion here. While incorporation may protect you personally from loss due to litigation for patent infringement, the corporate entity (the company) must still bear the burden of such potential lawsuits. The question was, can a one-man software shop still succeed in this patent-crazy market?

    If I were an independent developer who spent months or years developing a ground-breaking application, founded a company to market my product and invested sweat equity to get the business rolling, and then found myself the victim of patent litigation brought by an IP holding company - I would not consider it a "success" to merely walk away with my personal assets unscathed.

  241. Scientific Method + USPO = NO LONE CODER by crovira · · Score: 1

    Since the paradigm shift by the USPO we can safely say that anything which can be expressed in technical terms can be patented.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  242. Re:The Lone Coder is Dead. Long live the Consultan by Afty0r · · Score: 1
    Reiser4 development was paid for by DARPA, SuSE and Lindows
    DARPA is a government agency, and SuSE and Lindows are also free-software companies.

    Other than the government, charity and the merry-go-round of money from one free software house to another, where are we going to get the vast sums of money needed to make free software competitive with commercial closed source software?
  243. Re:The Lone Coder is Dead. Long live the Consultan by kinema · · Score: 2, Interesting
    where are we going to get the vast sums of money needed to make free software competitive with commercial closed source software?
    Who said that we need "vast sums of money"? The original article was on the topic of the "lone coder" not massive multinational conglomerates.

    Small organizations consisting of a no more then a handful of dedicated coders working on projects that they are deeply interested in are bound to be more efficient then the Suns, IBMs and Microsoft's of the the world.

    Such small consultancy firms have little to no advertising, marketing and sales overhead. These groups thrive on word of mouth and a more academia like environment.

  244. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by mollymoo · · Score: 1
    I thought the lesbians took over 24th St and Noe Valley after quietly squatting in the Valencia St area for many years

    That's disgusting! Don't they have any public toilets?

    --
    Chernobyl 'not a wildlife haven' - BBC News
  245. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by mmkkbb · · Score: 1

    actually, stapling is quite different.

    --
    -mkb
  246. Lone Coders vs the GPL by PenguiN42 · · Score: 1

    I'd say that the GPL and P2P generally make it tougher to make a living.

    There may be some pressure from fellow geeks to only release GPL products... but the majority of users who won't be modifying the code probably don't care.

    One reason GPL code may be harder to compete with, however, is the fact that GPL projects, just like big software companies' products, are generally made by a team of programmers vs your loneness, and it's harder to keep up to their level of work.

    --
    The following sentence is true. The preceding sentence was false.
  247. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by sumdumass · · Score: 1

    would you preffer they covered the overhang with spandex?

  248. how to make a living of OSS by N3wsByt3 · · Score: 1

    "ask any coder with a "donate" button, you'll see"

    I'm afraid that is an overgeneralisation. It's true that OSS projects with a large userbase such as linux and firefox can generate a considerable amount of money, while this is harder for small 'lone coder' type of OSS. Yet, the basic thing is to captivate users, to make something they really want (and want to see continued), and this can be done without a huge userbase too.

    Apart from a large userbase, the second way of getting money is to have a 'fan' base. An analoge example would be of 'trekkies'; while not a huge mass, they are fanatic enough for the series that they become economically interesting.

    Take the example of Freenet for example. This project is relatively small, it doesn't come close to grand projects as linux and firefox, and its userbase isn't all that huge neither. Yet, it has a small group of die-hards and invokes enough interest on its own, to be able to pay Toad, the main developer - and it has done now for a considerable time. He doesn't earn money like he would in the private sector, but he does have enough for a decent living.

    So, it IS quite possible to live from OSS: either you manage to get a large userbase, or you manage to get a profound interest of a small group of fans.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:how to make a living of OSS by Anonymous Coward · · Score: 0

      I have an OSS project that I have been working on for 4 years. I have a lot of people and even large corporations that have grown to depend on the product I provide. I know this due to the bug reports I get from these people. I can honestly say that I have a decent sized group of people that use my product and download everytime I make a new release. However, over the past 4 years, I've managed to pull in exactly $65 in donations.

      Fortunately, I do this for fun. I do need the donations to help keep the project funded for the small things that people usually don't think about, but usually I can come up with this money out-of-pocket.

      However, as we've ALL seen from the multitude of OSS companies that have completely gone under, this isn't a possibility to actually make a living on. The people that are making a living on OSS aren't doing it sitting in their homes... They're usually hired by a company to continue their work. I'm sorry people, but history speaks for itself. OSS companies died a long time ago... Get over it.

  249. Lone coders eek out a living by grundie · · Score: 1

    I know a few friends who run one man software firms. They aren't true software firms though. Their main focus of work is in devoping bespoke software (scripts, really) to integrate office aplications. Most of their work comes from local companies who would like fancy financial manamgement systems, but can't afford them. So they turn to local programmers to code something that makes MS Office look like SAP. Theres also a fair bit of web development work tied in to their businesses as well.

    The days where one man could develop a major piece of software on his own are diminshing fast. Its not a skills issue, nor a patent issues (I live in the UK where software patents aren't an issue, yet!). Its simply a resource issue. Coding tools are expensive. Clients wan't quality control and performance guarantees, that one-man operations can't provide. There is the technology explosion where a coder has to be an expert in multiple languages and technologies so that he can have the widest audience for his work. If someone does get lucky and develops something truly amazing, then there is a risk that a software house with more resources will copy that programs functionality and the lone coder will get nothing for his efforts.

    The lone coders I know make a decent enough living, they can pay the bills and go out for a few drinks, but they won't be buying a BMW anytime soon. Theres street sweepers who earn more than they do, which is actually quite a depressing thought.

  250. Australian Lone Coders by NetSerf2000 · · Score: 1
    The recent free trade agreement with USA being forced onto the Australian people. The opportunities for the lone coder are about to wander out the window because the big US IT companies can come walk into an Australia office and enforce their IP onto us.

    So much for free trade in Australia...

    --
    *** I had a .sig, but then I got a life ***
  251. Sure by varjag · · Score: 1

    Put the work of your life to an unrecognized pile of concrete in a middle of sea, which has already had a coup in its short history :)

    --
    Lisp is the Tengwar of programming languages.
  252. I Occasionally Like The One-Man Vendor by Omicron · · Score: 1

    At my company, we use pdfFactory. Written/sold/supported/advertised by a wopping two guys. We love pdfFactory.

    Ultra-Edit. One guy. The greatest text editor on earth.

    1. Re:I Occasionally Like The One-Man Vendor by f00zbll · · Score: 1

      UltraEdit rocks. As a long time user and subscriber, I gladly pay for the software. Lone coders still exist and they can still make money.

  253. patents... by LabRat404 · · Score: 0

    patents are the worst thing ever to happepn ti technology. when you've got to worry about infringing patents by making your own software right out of your own head without outside influences on it, then there is a concern for freedom of originality. sure, it might not be original. but if some jackass wants to patent something that any idiot can think of, that product should never have been patented in the first place.

    --
    1001100 1100101 1100001 1110110 1100101 1001101 1111001 1000010 1101001 1110100 1110011 1000001 1101100 1101111 110111
  254. Why are we surprised? Name one other ... by JamesR2 · · Score: 1

    ... industry that lone inventors survive. As much as we would like to think sw dev is different, it is not ... controlled by large corporations like anything else.

  255. Several Lone Coders Are Still Out There... by MattyCobb · · Score: 1

    My dad's retail point of sale software company for example. He has many employs. However they write manuals, train users, and sell the software. He is the only programmer on the actual software itself.

    One of his former employs has recently moved on and started his own company. After interviewing quite a few people he couldn't find anyone he felt would be right for the programming job. So he self-taught himself some clarion and now he is the only programmer at his company which develops business accounting software (though he does plan to expand later on).

    Granted those are both niche markets where they might make 3 or 4 huge sales a year and thats about it, but still... the lone coder is out there!

    --

    Matt
    You have 1 Moderator Point! Use it or lose it! Is that a threat? -vapid
  256. Is The Lone Coder Dead? by Zarf · · Score: 1

    No, I'm still alive. Why do you people keep thinking I'm dead? I'm right here! Sheesh.

    Zarf, aka "The Lone Coder" and his faithful steed "Silver" ... "LI-LO Silver! Away!"

    --
    [signature]
  257. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    He means on each other's faces.

  258. how about this guy? by Anonymous Coward · · Score: 0

    This guy doesn't seem to be doing too bad for himself.

  259. Do the Maths by Anonymous Coward · · Score: 0

    What do large corps gain from "lone coders" ? Who funds patent law extension? There is your answer - software patents are nothing more nor less than a barrier to entry to small businesses, from the "lone coder" up to companies with dozens of coders. Ironically, these companies form the majority of coding jobs, but importantly, NOT the majority of political lobbying, by a long long way. You would think that democracy would lead to laws being made for the benefit of the majority of IT professionals and consumers, but apparently it doesn't work that way.

  260. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by eric_brissette · · Score: 1

    Belly buttons should never "hang"

  261. Nobody is going to read this ... by cdrguru · · Score: 2, Insightful

    But I'll post it anyway.

    If your software needs "services" and "support" in sufficient quantity to support you, then you are writing impossible-to-maintain junk that is at best customized for each user. At worst, it breaks everytime someone tries to use it and they have become dependent on it so they have to pay you to fix it.

    Proper software tools need almost no support, little documentation and works out of the box without a lot of customization that can only be done by the author.

    Maybe it is different kinds of software, but mostly I have seen the two kinds mentioned here: junk and quality. I won't even say that "quality" is attained - it is perhaps more of a goal to be sought after. It you really make it there, then you end up losing everything to piracy.

  262. Photogenics by oojah · · Score: 1

    I don't know whether he still is a "lone coder", (it looks like it) but Paul Nolan writes/wrote photogenics by himself afaik.

    http://www.idruna.com/

    Supposed to be a very good graphics package (for linux as well!)

    Cheers,

    Roger

    --
    Do you have any better hostages?
  263. Just taking a quality nap! by Anonymous Coward · · Score: 0

    I'm not dead, I'm just taking a nap, damn it!

    Seriously, lone coders are far from dead, just think of products like CoolEdit and you'll see what I mean.

    As long as you write quality software enough people will want it so you don't have to starve.

    OMG, Adobe bought out the lone coder of CoolEdit! It's now called Adobe Audition! Maybe the lone coder really is dead... Can someone please check my pulse? Hello? Can you hear me? It must be this new Adobe Audition codec crapping out, argh!

  264. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by dcarey · · Score: 1

    Great post ... no, classic post ... I now have it on my wall at work. Oh yeah, your student loans are forgiven if you die. But other than that, I'm quite impressed.

    --

    -- (Score:i , Imaginary)

  265. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by HBPiper · · Score: 1

    Maybe it was a pierced outie? Now there's an image for ya.......

    --
    "I went on a diet, swore off drinking and heavy eating. And in fourteen days, I had lost exactly two weeks. Joe E. Lewis
  266. How to make.... by Anonymous Coward · · Score: 1, Funny
    1. Re:How to make.... by Torienalis · · Score: 1

      Why do people post such things? Those two patent applications are manufacturing applications based around the implementation of two pieces of apparatus and are therefore not, I repeat NOT, patents on recipes. IANAL

  267. Why work alone? by CrazyWingman · · Score: 1

    Why do you want to work alone so badly? Working on a team is often much better. If for no other reason than to have someone to tell you you're wrong once in a while, it's good to have a partner. Even if they were wrong about your error, at least they got you to think it through more carefully.

  268. Open Source, Visionary, Copyright, Trade Secrets by cactusbillybob · · Score: 2, Interesting

    A one person coding company could exist as a sole proprietorship, a nonprofit corporation, a corporation, or a one person LLC.

    They could build on open source applications, within their licensing rules.

    The one person coding firm could also sell his or her software, and offer limited licensing (one to 5 personal copies per user) to whoever buys/leases the software. I realize it probably wouldn't be a EULA.

    The software could be copyrighted to protect against pirates.

    Trade Secrets are based on state laws. It protects the Coca Cola formula and other "secret" formula.

    So when the one person coding firm wants to protect his/her work, copyright could protect the code, trade secrets could protect the "way" in which the software is produced, maybe even the way the box where the CD Rom is shipped.

    The app would sit on the shoulders of Open Source giants, and thus friendly users could distribute 1-5 copies maybe. Friendly customer based pirating? Anything more than 5 copies would be considered piracy.

    As far as patent infringements, my guess (only a guess) is that these could be avoided as long as a person is building from or on an open source code. Assuming open source code does not use anything remotely like MS or Amazon patents.

    Plus two people might disagree all the time. One person can perfect a cool vision!

  269. Niche markets! by Anonymous Coward · · Score: 0

    I've built a small system for the real estate market. I already had a buyer when I started working on it, so the development was more or less 100% funded as it was. Now I've got three partner companies building their own solutions (basically branding and little else) on top of my product, giving me license fees for every system they sell.

    Catering to niche markets has it's perks.

  270. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    dont forget the glaucoma

  271. even better: no software patents in Europe ! by Anonymous Coward · · Score: 0
  272. No it won't by Anonymous Coward · · Score: 0

    Good karma is going your way!

    "Funny" mods don't gain you karma.

    Oh, THAT karma. Nevermind.

  273. Nonsense... by zungu · · Score: 1

    It is funny that anything with a anti-patent bias readily finds the slashdot approval. How is a lone inventor working in a basement lab different from a lone coder trying to create the coolest software? A mechanical or electrical inventor - there are thousands of them - can carry on creating circuits and machines then why cannot the lone coder? My point is that the patent threat is just over-blown. Yes, if the lone coder is trying to implement a RSA patented encryption algorithm then it could a tough cookie, but how many lone coder sit to recreate RSA algorithms? and the patents are so broad that unless lone coder creates a competing successful product, nobody is going to bother. Just as if I create a Trinitron TV in my basement, Sony isn't going to sue me anytime soon.

  274. Incorporate by Anonymous Coward · · Score: 0

    Don't waste your money on patent searches. Just incorporate; that way if you get sued, you can just declare bankruptcy and close up shop.

    What's you motivation for writing commercial software versus doing consulting work? Are you looking to do this long-term, are you looking to be bought out? It just seems to me that a consulting business would likely be more viable.

  275. It makes you do nothing by PurpleWizard · · Score: 1
    You incoprorate it at your choice. You agree to the terms of your own choice. You do not have to incorporate the GPL code unless you want its facilities.

    GPL provides you the oppotunity to include, modify or derive from the product it covers. A traditional prop' license is not as generous.

    I suppose the GPL, if it finishes the revolution, returns the tailor to the high street in place of rows of factory produced clothes in integer, generic sizes. It would make the world a much easier place to get a suit that fits completely.

  276. Competent people can make it by Green+Salad · · Score: 1

    It depends on what you mean by lone coder.

    I've been there, done that, got the T-shirt.

    Assumming the coder also brings innovation, good analysis, intermediate business literacy (legal, accounting, etc.) organization and personal discipline, there's plenty of room in this market for lone coders.

    Note that few coders will meet this criteria.

    Advice:
    1. Incorporate.
    2. Insure the business.
    3. Be very organized.
    4. Outsource stuff you suck at, like tele-sales, to someone very good at it.
    5. Have enough control over your ego to blame yourself (and fix it) before getting mad at others.

    Big organizations have to struggle to feed big overheads (like their patent departments). As a small business, OPP (Other People's Patents) are one of your lowest risks while you're still small. Don't worry about things you can't control. You'll be much too busy for that!

    If you truly violate a patent, negotiate a truce in good faith. Sometimes, partnerships come out of it.

  277. Your wrong. by LWATCDR · · Score: 2, Insightful

    Okay fine your wrong. The days of a lone coder writing the latest and greatest Video game are gone, the days of the lone coder writing a Lotus 123 or Wordstar and becoming a huge force in the software industry are gone. The days a a lone programmer making a good living writing embedded code, or vertical market software are still here. There is very good money to be made in "Vertical" markets. Everything from auto shops to storage units use computers now. You may even get small time rich doing it. I am talking a few million here not Hundreds of millions but still not bad. Frankly it has gotten easier for the small guy to do some really good stuff. SQL databases for Linux and Windows are available for free and Postgres frankly is good enough for just about any small business setup you are likely to imagine. Open Source could be a huge help to you take SQL ledger and modify it for some market and add some custom code to maybe run a cash drawer or set up a website for a Pizza place that allows you to order on line and you have a product.
    No the lone programmer is not dead he is just making money in the markets that are too small for the big fish to bother with.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  278. How to be an Anonymous Lone Coder by Anonymous Coward · · Score: 0

    First the post, then the movie, then the movie novel...

    When you get the software copyright, just check 2a, Anonymous, for authorship. You could instead check Pseudonymous, and make up a cool name like Anonymous Wyoming Coder (make sure you don't live in Wyoming!).

    For the mailing address on the copyright form plus the domain name registration, three options:

    1. A foreign country if you live there

    2. A friend's address (give them 10% of the take!)

    3. A Mail Boxes Etc location registered to either a Nonprofit Association that you and a friend set up (reason being is that many states do not require you to register your nonprofit association unless you want to register it to start a court action on behalf of the asssociation) or just have a friend start a company, have them register it in their name (incorporator, sole Director), but then you would own all the shares of the stock, your friend(s) would be the Director(s) and appear in all the public documents, and basically their job would be to say---Gee, I don't know, and collect a % of the profits from you.

    People that would buy your Anonymous Lone Coder Software would buy it by Pay Pal only.

    If your friend's last name is Smith, then they can start a sole proprietorship called Smith Software or Smith Software International, and since they are not using a fictitious business name, in many states, a filing will not be required. If a sales tax license is required, those are usually not public knowledge.

    What are the great benefits of this Anonymous Lone Coder lifestyle? (Besides being DB Cooper?)

    1. Your face will never be on the cover of Time and Newsweek (but your logo might, assuming its not a penguin!)

    2. You could even release an 'Official' Anonymous Lone Coder Movie, where of course, the fictional character acts sort of like you, but has a much different name...(Smells like VICTORY at Sundance!)

    3. Your Anonymous Lone Coding Firm, way out of the spotlight, never coming into the glare of the limelight, will probably do something incredible that will make Open Sourcers drop their jaws in envy and uncontrolled drool!

    4. After you do the "impossible" 3 or 4 times, and you have made a firm decision NEVER to tell anyone who the Lone Coder is, then you could even hand over your Lone Coding business to someone who will keep it in the same Anonynmous name, thus giving the illusion that the Lone Coder lives for 150 years or so (of course, you'd have to be 80 and then hand it over to a 20 year old!)

    Of course, your movie and anonymous books will inspire more Anonymous Lone Coders to do likewise!

    An Anonymous Lone Coder is the opposite of Bill Gates. He or she will be the Un Bill Gates! Where the software and the anonymous lifestyle are so cool, you will be a legend forever...

    Of course, only you will know you are the legend...

    This will happen!

  279. DONT DO DUE DILIGENCE ! - not kidding ! by civintel · · Score: 1

    It's actually not advisable for you to pursue due diligence on patents within the domain of your creations. This establishes foreknowledge of infringement and will multiply your penalties, and legal costs, in the event that you're brought into court. I know that this seems counterintuitive, but it's true - consult a patent attorney.

    --
    ~information is entropy~
  280. How to be an Anonymous Lone Coder by Anonymous Coward · · Score: 0

    First the post, then the movie, then the movie novel...

    When you get the software copyright, just check 2a, Anonymous, for authorship. You could instead check Pseudonymous, and make up a cool name like Anonymous Wyoming Coder (make sure you don't live in Wyoming!).

    For the mailing address on the copyright form plus the domain name registration, three options:

    1. A foreign country if you live there

    2. A friend's address (give them 10% of the take!)

    3. A Mail Boxes Etc location registered to either a Nonprofit Association that you and a friend set up (reason being is that many states do not require you to register your nonprofit association unless you want to register it to start a court action on behalf of the asssociation) or just have a friend start a company, have them register it in their name (incorporator, sole Director), but then you would own all the shares of the stock, your friend(s) would be the Director(s) and appear in all the public documents, and basically their job would be to say---Gee, I don't know, and collect a % of the profits from you.

    People that would buy your Anonymous Lone Coder Software would buy it by Pay Pal only.

    If your friend's last name is Smith, then they can start a sole proprietorship called Smith Software or Smith Software International, and since they are not using a fictitious business name, in many states, a filing will not be required. If a sales tax license is required, those are usually not public knowledge.

    What are the great benefits of this Anonymous Lone Coder lifestyle? (Besides being DB Cooper?)

    1. Your face will never be on the cover of Time and Newsweek (but your logo might, assuming its not a penguin!)

    2. You could even release an 'Official' Anonymous Lone Coder Movie, where of course, the fictional character acts sort of like you, but has a much different name...(Smells like VICTORY at Sundance!)

    3. Your Anonymous Lone Coding Firm, way out of the spotlight, never coming into the glare of the limelight, will probably do something incredible that will make Open Sourcers drop their jaws in envy and uncontrolled drool!

    4. After you do the "impossible" 3 or 4 times, and you have made a firm decision NEVER to tell anyone who the Lone Coder is, then you could even hand over your Lone Coding business to someone who will keep it in the same Anonynmous name, thus giving the illusion that the Lone Coder lives for 150 years or so (of course, you'd have to be 80 and then hand it over to a 20 year old!)

    Of course, your movie and anonymous books will inspire more Anonymous Lone Coders to do likewise!

    An Anonymous Lone Coder is the opposite of Bill Gates. He or she will be the Un Bill Gates! Where the software and the anonymous lifestyle are so cool, you will be a legend forever...

    Of course, only you will know you are the legend...

    This will happen!

  281. To The Lone Coder: What Software ? by Anonymous Coward · · Score: 0


    Would you please inform the Slashdot audience about the name and function of your software.

    Thanks.

    You wrote:

    >>I'm once again, after many years, writing my own commercial software to sell.

    Regards,
    Kilgore Trout

  282. What me worry? by Spinlock_1977 · · Score: 1

    Yup - I'm worried about patent infringement too. But one of joelonsoftware.com's essay comments stuck in my mind: That html is the "next" api. Maybe we should stop looking at the PC as the platform on which we concoct our million-dollar ideas, and turn our gaze towards the web?

    --
    - The Kessel run is for nerf herders. I can circumnavigate the entire Central Finite Curve in a lot less than 12 parse
    1. Re:What me worry? by cactusbillybob · · Score: 1

      Gooood!

      Since the 80's, we've gone from floppies to CD roms. Next step---the web!

      Ideas don't come from a box; Thomas Edison said ideas came from space or the ethers...

      It's only natural that when we receive great ideas (from the ethers) that we program it to go out into the ethers (the Internet) so that others can use and benefit from it!

      I will read that essay! Cool!

  283. Individuals can be stronger than teams... by RobertLRead · · Score: 1

    I think individuals can sometimes accomplish more than teams. We know that coders vary widely; if one coder can be 10 times better than another, it seems reasonable that a very good individual can be as productive as a team, unless the team is really top-notch --- and how many such teams can exist? At the risk of sounding arrogant, I often feel that other programmers get in the way. However, a serious reality is that an individual who wants to do something great has to work hard to stack all the cards in his or her favor. This means, I think, both financial and technical preparation, so that true full-time work is possible. I personally don't think one can produce excellent work and be distracted at the same time. One is also better off if one can choose a hard, smooth problem to solved, rather than an easy, hairy problem. Excessive administration will defeat the Lone Coder. A problem with a thousand function points is difficult for an individual.

  284. Pretty cool! by cactusbillybob · · Score: 1

    I think someone who is a real Lone Coder wouldn't want to sell out to the big boys, but just enjoy the happy prosperous lifestyle...

    I don't think its a question of just finding a niche. Just doing something cooler better...

    We should wear t-shirts that say:

    Friends don't let friends code millions of lines!

  285. No hope... by ksc · · Score: 1

    You WILL be assimilated...

  286. It's better now to form a team by sebastianwain · · Score: 1

    I don't think the lone coder is formally dead in all software markets, but he has better opportunities forming a team. Now he can fight in niche's markets but needs a lot of skills in areas outside programming to promote his products. If he insist to do it alone will need a lot of creativity, imagination, patience and energy.

  287. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Jbrecken · · Score: 2, Insightful
    1. He had become reclusive with the shock of finding out that real, live women DIDN'T have staples in their navels.

    What porn have you been reading that still has staples in the centerfolds? Not only do the good magazines use glue bindings these days, but the stereotypical Coder is more likely to be reading his porn on the net.
  288. He's mostly right, but for the wrong reasons. by antispam_ben · · Score: 1

    "...My perception is that one must verify that you don't infringe on any patents when developing new cool software, and that the explosion of patents granted by the USPTO has reached epic proportions. If this perception is true, then that makes it almost impossible for the Lone Coder to create something new that doesn't infringe on other patents. The amount of money required to perform the due diligence research seems like it would be greater than the amount of money needed to develop the software, or even the total revenues that the software could ever generate.

    Yes, it seem unlikely that the individual/small company could possibly do "due dilligence" in avoiding patents. This may also be partly true of large companies, but they have assets (other than the obvious one of money) that small companies don't: A large body of patents. Another company claiming patent infringement will have its products carefully compared againt the first company's patents, and there will likely be infringement found. At this point, rather than fight it out in court, the companies sign a cross-licensing agreement and go on their ways.
    Smaller companies that don't have the IP/patent assetts cannot play this came, and of course cannot defend themselves from infingement claims (whether valid or not).

    I keep reading advice not to bother with a patent unless you have literally millions to defend it.

    --
    Tag lost or not installed.
  289. In mobile, not dead but he's neck up in dirt by juanfe · · Score: 1
    Let's talk about the wireless/mobile industry, since I know that a lot of lone programmers are trying to see that as the next place to make their name, usully in games or personal apps.

    The lone developer still can exist there--I've met some, (work with some as part of current work in managing developer relations for a carrier), and they can succeed--but in all honesty someone working in a garage, by his or her lonesome, will have a very difficult time getting to the point of actually making any money on software or services. The ones who succeed are the exception and often do it as a function of procedural flukes/grandfathering or the very rare killer-like application that gets word of mouth.

    Setting aside patents and trademark searches for new applications, which are on their own fairly expensive and time consuming processes, a lone wolf building a game, for example, has the following additional barriers:
    • companies that serve as sole or primary distribution points (i.e. carriers in many models, publishers and software aggregators in others) are looking for blow-your-mind software quality, and not just in onesies and twosies but in catalogs. It doesn't matter how talented a coder is, graphics also have to be phenomenal, audio has to be original and of the highest quality the phone can provide, use 3D if it can, network services if it can... there are very few lone wolves who are talented enough to manage all those things independently. All of these are technical and development concerns--none really there about patents or CYA.
    • lone wolves often require a fair amount of assistance and handholding in order to get through such bureacratic needs as contract negotiations, distribution agreements, integration with billing systems, provide customer service in case applications fail at multi-thousand-call volumes, etc.... companies are not going to justify spending the equivalent of $50k+ of staff time to get an application out that is unlikely to sell more than just a couple copies.
    • testing is expensive. For a mobile game to succeed, it has to work on a range of devices, and no matter what language you're coding in, you have to test on all around. Some testing programs (Java Verified, Microsoft Mobile-to-Market, Symbian Certified) try to make that easier by sourcing that out to companies who'll do it for you for a fee, but there again, you're paing per test, per device, and if you have to retest multiple times you'll pay again and again.
    • Visibility: even if you get past all of that, you still have to get people to buy your stuff. Experience shows that name recognition and brand names of somewhat dull applications sell more readily than stunning applications that just don't get recognized. And those last ones are rare--usually the lone developer who tries to work with a carrier is trying to sell TheNextBestSolitaire or MineSleeper...

    Some would say "well, that's what the various shareware, freeware sites are out for, for people to make a name and just get name recognition". Yes, but... carriers are in a position as a distribution waystation, a controller of access if you will, and are very unlikely to give that up just because LoneWolf developer in his college dorm room just wrote the next best solitaire and wants to post it on a distro site.

    The era of sitting alone in a basement or dorm room avoiding sunlight, falling in love with your compiler because it understands you better than humans, and basking in the pipe dreams of being the next Alexey Pajitnov is almost over.

    The next era might still be open to the teams of Mavericks who Know Their Stuff-- sound, graphics, rendering engines, coding, packaging, sales pitches -- and work as a small team. I've seen that work in this space. Small companies have a better shot at it.

    --
    ***Foucault is watching you..***
  290. CodeLand is not so inhospitable nowadays by carlosh · · Score: 1

    In the early 90's you had to pay M$ for every developing tool you got, no matter if you were helping M$ make money. The entry barrier to the market was not how good/creative you were but the US$3-10k you had to fork just start developing. Pretty stiff for a folk out of school, to not mention of those wanting to do the same on less developed countries! plus you would get the development tool, realized that it was a piece of crap and couldn't return it because "the CD seal was broken".

    Then GPL/BSD/Linux et al became commercially viable and not only helped forcing companies to give away their development suites but allowed us to develop pretty sophisticated applications with tools as good or better as the best money can buy. So the LoneCoder could do software with less upfront investment and can brag that his code runs the same in a NASA cluster or a humble home PC. Sure, no one is going to pay you to write GCC again, but that's exactly the idea, not to reinvent the wheel.

    And as no one owns the application anymore you don't get shun just because 'KillerCert(tm) certified engineers' are the only ones that know the KillerApp(tm) and they happen to work for KillerSoft(tm).

    Of course that lowers the entry barrier so much that anyone can compete with you, including people in other timezones with smaller bills and mortgages to pay... sorry LoneCoder, seems you're not alone in the planet! but the competition was meant to be global anyway, so at least be grateful that the dominant language in software is english (no, many of us didn't learn english to read Shakespeare, but just to make a living).

    Still, You have the advantage of being able to have a real face with the client and run to his/her office when something goes wrong, no videoconference/telepresence system will ever replace that.

  291. oh please by Anonymous Coward · · Score: 0

    oh please there s still lots , look at Wavelab, that s still a one man show.

  292. slackware/volkerding by Anonymous Coward · · Score: 0

    seems to have worked well for Patrick Volkerding, who essentially does the entire Slackware Linux distribution himself.

    Get well soon pat!

  293. Re:Do they offer Corporation Registration Service by John+Courtland · · Score: 1

    I'd say that it's not "irrelevant", unless you're talking about the strict definition. Fascism IS the most efficient form of capitalism (so far experienced, at least), hands down. Look at how effectively the Nazis produced WHILE under "sanctions" before WW2.

    --
    Slashdot is proof that Sturgeon's Law applies to mankind.
  294. code prototype then find an existing company by swframe · · Score: 1

    I'm in the same boat as the poster.
    My latest approach is to just build a prototype and then find a company that would benefit from the product. The next step is to get a job at that company and befriend the people who have influence up the management chain. You can fill in the rest...
    The hard part is not the coding or patents. The two things I find hard are:
    a) Building the relationship with people who have influence. Influential people are not easy to meet and in many cases are not open to new ideas. It is ironic because many influential people became so because they introduced a company to a new idea. What is key is that the introduction is more important than the idea.
    b) Controlling my passion for the technology/product so that I can properly communicate the vision. I have to focus on the business model for the product and not the product. Creating a compelling business model is hard because if it weren't then someone else would have already done it. It is ironic that the best business models are obvious but they are also unknown.
    I'm frightened by patents too but there little I can do to fix that problem. The two problems above are more immediate.

  295. wow... by freakmaster · · Score: 1

    i don't know whether to laugh or to cry!

  296. Still alive and well thank you by Anonymous Coward · · Score: 0

    I'm still alive and well thank you, and living a nice middile-class life-style to boot.

    There are plenty of us around too.

  297. Softwre Patents - he he he by Anonymous Coward · · Score: 0

    I went into a patent attorney's office with a buddy of mine. We started talking. I mention software patents. The attorney guy started to laugh. He said "well that is just a game big companies play. Its an excuse to sue each other." He went on, seriously, and said it would have to be a mathematical formula where it could only be done one way. Otherwise, a software patent would be on very shakey ground. Then he went on and said: "Next time you come in bring a physical prototype of an invention. That might get my attention."

    By the way, Frodo lives.

  298. It's even worse. by John+Sokol · · Score: 3, Interesting

    I several occasions I have written code and posted it opensource, binary, BASIC (way back when) or just used it at an ISP or something, then find someone filed a patent based on seeing my Code!.

    First Byte inc. Filed a Patent on playing PWM Audio on the PC internal Speaker, I assume after disassembling my binary (written in Assembly) that I had posted on Compuserve(the copy a bug I had in that code into there patent). They then started suing everyone who had also dissembled my code and started using it in there products. Finally I become an expert witness for Activision and had to sign an affidavit stating that I had prior art to help get the First Byte patent overturned! And a few companes liscenced the code official from me. http://www.dnull.com/zebraresearch/ (code is posted)

    The same is true for much of the code I have done. Some of the first audio and video(in and out), on Apple II, CoCo , PC , C64, Lisa, Mac.
    Multimedia over BBS's , Multi-tone audio out of 1bit output (1983)(AKA, polyphonic ringtones),
    LCD oscilloscope (1986),
    Streaming audio over IP now called VOIP , portable compressed music player (1987),
    TCP/IP over Spread Spectrum RF and Laser(1988),
    Streaming Video over IP Lan in (1989),
    Streaming video across Sun Microsystem global IP WAN, TCP/IP over Laser (1991),
    Internet Banking web site(for Wells Fargo 1992)
    Livecam (1994),
    Content Distribution Networks , fault tolerant web server, Single threaded web server and web server with compressed log files output(1995) ,
    Error Correction over IP, CCTV DVR, Streaming audio over JAVA(1996),
    Parallel processor Video Compression and HDTV streaming over the Internet (1999).
    Silent computers and water cooled blades(2000),

    There was even a company that threated to sue me after stealing my code outright! They just changed the authorship names. Fortunatly I had left hidden in the code in the server if you gave it the right URL from a browser it reported my name as the author. I never managed to stop them from selling there version of the product though.

    Can't talk about the newer stuff since I have started to file patents So I don't get prevented from using my own stuff.

    My biggest problem is how do I protect myself.
    Seems like whenever I try to publish something, someone else borrows it, (or at least the concept) and puts it out farther and faster then I can and takes the credit for it. I know I just plan suck a PR and getting the word out , but still.

    I at least want to be able to prove original authorship and invention for the ideas and concepts. And it seems anything less then filing patents one each one has been ineffective.

    --
    I am always doing that which I can not do, in order that I may learn how to do it. - Pablo Picasso
    1. Re:It's even worse. by Anonymous Coward · · Score: 0

      You could apply for a provisional patent (cheaper, no prior art check afaik), and let it expire after a year.

      Idea becomes "public knowledge", and the old pp is evidence of filing date and such...

      'Course that still doesn't stop people from demanding that you license it from them... but it would be pretty good evidence that should make them think twice.

  299. Perspective: Don't think small. by solprovider · · Score: 2, Interesting

    Yes, I want to improve the world. I need to become rich to do it.

    I have been writing software for large companies for over a decade. My software is fast and easy to use, which reduces headaches and improves the quality of life for the users. I have been focused on business software for a very long time: I am good at it, and most of my ideas focus on business software. I would like to spend time fixing Mozilla and other OSS, but my other projects seem more important because there is nobody else to develop them; Mozilla has other developers and they may eventually implement my ideas, or at least solve my complaints.

    Of my current products:
    #1 is for businesses. It should make me money. No apologies.
    #2 is for businesses, and it will help consumers. It requires major investment to develop, which is why it is planned second. It may make me more money, but it will improve the lives of almost everybody.
    #3 was originally designed for business. It requires major investment to complete. The original core is still aimed at business, but the fully developed version may change how everybody uses computers. The current plan is to release the consumer version for free, while selling some applications built on the platform to businesses.

    A person doing your charitable actions does not "improve the world"; they improve a very small piece of it, usually by helping something return to the "normal" state. Women should not be battered; sheltering them is important for removing evil, but it does not stop all women from being battered. If I could develop software to stop women from ever being battered, I would, but I have no ideas on the subject (yet).

    If you want to help one battered woman, go do it. If I want to help every battered women, I need more resources. With enough money, I can put a shelter in every city and pay the staff. Which of us helps more?

    Getting rich is not evil in itself. Many of the people running the United Way get paid well, but they are doing it because they believe. I want to make enough to be able to give my software away. I expect most new software product companies to be sued into oblivion; the business model cannot compete against lawsuit factories; we will need money just to survive the lawsuits.

    Check back in 10 years and decide if I made a positive adjustment to "the world".

    --
    I spend my life entertaining my brain.
  300. Re:The Lone Coder is Dead. Long live the Consultan by analog_line · · Score: 1

    Implementations are not fun, but pound for pound, you get serous cash. Especially if you wrote the software to begin with. You can charge the most.

    I work as a consultant. I can't code worth a damn. I write the odd Perl script for kicks, and every so often I get it in my head that I'm going to be a programmer and open up a C book, but I'm really just plain awful at it. What I'm really good at is figuring out how to get things to work. I go to clients houses and offices and spend an awful lot of time watching progress bars slide left, at $90-$50/hour (depending on the contract with the customer, and whether it's Windows or MacOS work) plus travel time so they don't have to, and I keep getting checks in the mail, and handed to me. Yeah, there's a fair amount of work, too, but half the time I get paid serious money to do stuff that is so simple and easy to me, but is fiendishly complex to these designers, lawyers, print shop owners, and moms.

    I figure I get twice the average return on investment that the average one-man-software-business gets, and I'm just Joe Consultant.

    It just doesn't seem like good business sense anymore to spend so much time and effort coding on closed source projects if you are a small-time operator. If you get in on an open source version of the software you are currently writing for profit, you've got many more eyes looking at bugs, and you have a foot in the services door as a comtributor to a piece of software with, 9 out of 10 times, WAY more name recognition than your software will ever have, and access to a far bigger pool of available cash, at a rate of investment far more in your favor.

  301. Of course ... by gstoddart · · Score: 1
    MS set the president

    Ahah! So this explains how Dubya got back in.


    Of course, why do you think those Diebold machines all run windows? ;-P

    --
    Lost at C:>. Found at C.
  302. Re:The situation's simultanously better and worse. by Zeelan · · Score: 1

    I have found that doing legal searches is for the birds when your a one man operation. The best thing for a small firm to do is specialize heavaly in one very small area. Make something terrible usesful, sell it for lots of money, but keep your costumer base extreamly small.

    The last part is easy to prevent... how do you keep a large corporation from smashing you flat cause they don't like your program... ect.

    Believe it or not... open source is the answer. Just like the stunt that Netscape pulled. If you have a good program... and your only option if you are sued is to drop out of business, would be to stuff your work under the GNU. It would have exactly the oposite effect of putting your company under by making your program even more advailable then before.

    In this case the GNU would be used as a barganing chip. Sue me and yes, I will go away, but you will be fighting my work on the net for the next ten years.

    Zeelan

  303. Thanks!!!!!!! by CyNRG · · Score: 1

    You've all be so helpful. I had a feeling of dispair for awhile. I'm so tired of real crap software, and working for most corporations require that you create mediocre work.I hate that. I currently generate most of my income by working for a big corporation. That said, I also understand that if you make software "perfect" it will never be finished. Balance baby!

  304. Constitutional Provision Violated by Baldrson · · Score: 0, Offtopic
    The U. S. Constitution -- the first place patents of invention were guaranteed a prominent place in the foundation of a republican form of government -- says this of patents in Article I, Section 8, Clause 8:
    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
    If the founders, many inventors themselves, saw the way inventors routinely assign their rights to others they would be appalled. This is not to be blamed on the inventors but on a system that removes from inventors the resources necessary for them to defend themselves against acquisitors. This is largely the result of the tax system that rewards acquisition while punishing productivity.

    A better system founded on eminent domain rights could be legislated and might work somethnig like the following proposal:

    The government should tax net assets, in excess of levels
    typically protected under personal bankruptcy, at a rate equal to
    the rate of interest on the national debt, thereby eliminating
    other forms of taxation. Creator-owned intellectual property
    should be exempt.

    The levels typically protected by personal bankruptcy can be
    approximated by the median price of housing an individual added
    to the median capitalization of a job in the economy. Together,
    these exemptions add up to between $50,000 and $100,000.
    Additional but smaller exemptions may be added to represent the
    lower levels of bankruptcy protection typically extended to
    children within families.

    The NAT is a self-adjusting system that seeks an equilibrium
    between government debt levels, current tax rates and private
    wealth distribution, without attempting to achieve an outright
    balanced budget or direct intervention in the economy.

    Under current (1992) asset distribution and government debt the
    NAT would generate between $1 trillion and $1.5 trillion in
    revenue, thus totally displacing other forms of taxation.
  305. Perspective: Don't think BIG. by Anonymous Coward · · Score: 0

    Please... your argument is crap...

    1. If you wanted to improve the world, you would want to do it right now, not have it happen ten years from now.

    2. You said "nobody else could do it". Your original comment said that it does something longhorn already does. Thus, someone has already done it. You've contradicted yourself and have zero credibility.

    3. If you really didn't care about the money aspect of it and really wanted to help, you would scream at the top of your lungs and say "HELP ME!" just as many OSS projects have done. But you don't want to do that... you want to horde the cash (which helps absolutely nobody).

    Once again... i have no problem with you getting rich. But there are people out there that do good things, NOW, and they expect nothing for it. You are mysteriously talking about something that is going to help the world but you don't say what it is (except that it replaces something in longhorn... and if that's the case... i don't buy that it helps anyone because if you're trying to make me believe that longhorn functionality is some sort of ground-breaking world-helping piece of code, you're insane), you don't care to tell anyone, and it won't be finished for a LONG time because you're doing it alone.

    Help the world? Please... climb back into your hole and help yourself some more. And shut up.

    Stop thinking big. That's what's wrong with all you ex-capitalists (anyone who says capitalism exists is lying or blind -- it was replaced with greed decades ago). There are millions of problems right in front of your face, but they're not "big enough" for you. There's no profit in the millions of little problems is there?

    If each and every person helped to solve 2 little problems per week (pick up trash, clean parks, help elderly, mentally challenged, etc...) people just may realize that the big problems that needed solving were the millions of little problems.

    Don't think small? Give me a break...

    Looking for some trees? Open your eyes blind man... you're standing in a forest.

    Do one of two things: put the greed aside and help the world, or stuff your altruistic crap in the shitter where it belongs and admit that you could care less about helping anyone but yourself.

  306. It can happen by Anonymous Coward · · Score: 0

    Well, as a mechanical designer, I seem to be facing the same problems to a lesser severity than are the software programmers out there. Bottom line right now is that it is cheaper to build stuff - be it software or consumer goods - elsewhere. Our free market economy (not that I'm against it, mind you) dictates that consumers will shift toward the best percieved value. This means if there is a cheaper way to do something, it will be gravitated toward. Thanks to high speed networks and better communications, the distance and language barrier is virtually not an issue to outsourcing anymore. That said, my father is an EE and systems engineer with tons of experience. He can design hardware, write code in at least a half dozen different computer languages, reverse engineer just about any software ( yeah, I'm serious - check out his website ) He is doing OK, although finding a job for direct hire recently has been very difficult. He has, mostly by neccesity, branched out on his own this last year. He is finding that companies here are still interested in doing business, but most of them, by their own admission, don't have the funding for new development right now. Of course, this is in the high-tech feild and what goes on there may or not have any correlation to the bulk of the IT crowd, but I think some observations can be made. First, a lot of people are finding that they truly don't need a faster computer now. I know this flies in the face of everything that hardware research is founded on, but I know a good number of average users who don't care anymore about the new hardware because what they have is more than adequate for anything they ever want to do. Granted, I have a Dell Precision 450 with Dual Xeons and 4 GB of RAM and I still have to wait for it, but I am not the average user. So now we have this entire industry founded and maintained by the continuous quest for keeping up with Moore's law, and a customer base that is growing more and more indifferent to the quest. Granted, there is reason currently for increased computer speed in the increased complexity of software, but the time to market for software is getting greater and greater as the program complexity increases also. This being the case, I believe we are seeing the begining of a paradigm shift in the tech business. As things exist now, a very large percentage of the industry is dedicated to producing faster machines. These faster machines are becoming unneccesary save for people in the industry who need them to aid in producing faster machines because everyone else already has a machine that's fast enough. The high-tech end of the tech industry is breaking down into a feedback loop. The rest of the market is now for consumer goods, where the emphasis is features and price. What this suggests to me is that to be successful a programmer needs to focus on new ways to use the technology. The knowledge of different protocols and how they interface is invaluable. Knowledge of multiple OS requirements, embedded systems - all of it is helpful in creating what the industry now demands. This is spoken of as convergance, but really it breeds divergance because every new device that is supposed to bring technological convergance creates one more device that's out there to choose from. This is the key, however you interpret it; get really good at making the technologies work together. If you can code, great. Now go study some hardware and figure out how to make it all talk amongst itself and do what you want. Hiring a team of developers in India is cheap, but not as cheap as hiring one good freelance system designer in the US who has better resources, a faster system, access to all of the info they need in their own time zone in their native language, and can prototype the entire project themselves. Basically, you can still make it as a lone wolf, but the bar has been raised. A LOT.

  307. don't worry about patents by Anonymous Coward · · Score: 0

    just write your code and don't worry about patents. If someone approaches you about a patent you are infringing, they are required to have a reasonable license fee. So if your program is really successful, and someone forces you, just pay the fee if a patent exists on something you did.

    Plus most people don't realize that the software patent frenzy is mainly by companies to defend themselves and boost their perceived value as a company. Few actually go out and prosecute infringements. There are some, but the vast majority of software patents are designed around legitimacy as a company and avoiding law suits against them if they can't prove prior art.

    1. Re:don't worry about patents by rfc1394 · · Score: 1
      just write your code and don't worry about patents. If someone approaches you about a patent you are infringing, they are required to have a reasonable license fee.
      Actually, they do not have to do so. They can ask for anything and demand any damages (in which case it's up to a jury or the court for non-jury trials), or choose not to license at all and demand a permanent injunction against further infringement, all profit made, plus impounding of all infringing articles and their destruction.

      That this is usually unlikely does not mean it cannot happen, but there are some advantages for a small company, unless it's some critical infrastructure you're not likely to be sued as an

      So if your program is really successful, and someone forces you, just pay the fee if a patent exists on something you did.
      That's probably reasonable given the circumstances, a one-man shop becomes very unlikely to be sued, because unlike a copyright lawsuit, a patent lawsuit is very expensive to make, especially against someone who may potentially be judgement proof.
      --
      The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  308. Is the Lone Coder dead? by Anonymous Coward · · Score: 0

    Not quite yet...open your curtains. I'm almost sighted in.

  309. Roller Coaster Tycoon by thebra · · Score: 1

    What about the original roller coaster tycoon? It was all done by one man. Since then though it has been done by a team. Wish I could make a game that good by myself...

  310. Re:The Lone Coder is Dead. Long live the Consultan by sean23007 · · Score: 1

    Why would a company buy a product that lacks so much of the functionality they want that it would cost $50000 to add it?

    I mean, that'd be great, and sounds like an excellent business model, but I think it might work a little better if it were free in the first place ... it gets the "trojan" base of the program out to more people who want to add functionality. Still, I think that sounds really risky and unreliable.

    --

    Lack of eloquence does not denote lack of intelligence, though they often coincide.
  311. Re: patents and the small developer by time961 · · Score: 1

    jaoswald's post about how little actual patent risk there is to the lone developer is dead-on. The patent game is only an issue when at least one party has millions at stake, and there are LOTS of outcomes that are at least not undesirable.

    Actually, that's not quite true: if you want to start a VC-funded business, you MUST have a collection of patent applications showing how well-protected your technology will be. This is because patents are something like trading cards: if you don't have any, everyone will assume you're a hopeless loser, but if you do, you can use them to negotiate mutual non-destruction treaties, increase the value of your business for future financing or sale, etc. Either that, or the VCs need the paper to help hold down their desks. I've never known for sure.

    Will your patents have any actual value if matters come to litigation? Almost certainly not: the large party will squash you like a bug, err, excuse me, you will unfortunately end up in a position where your resources are stretched too thinly from the costs and efforts of defending your legal rights to be able to continue operating your business successfully. A pity, that, but sometimes those things just can't be helped.

    Actually, as insurance goes, patents are pretty cheap. You can file a provisional ($80), then a year later (if you still have the business) file a utility application ($395), then wait 3 years or so for a first office action, and only then get the lawyers involved (again, if you still think the patent will be useful) to define meaningful claims for the patent. In the meantime, you have applications on file at the USPTO, even published after 18 months, and they make your business look more substantial if you're looking for partners, acquirers, or funding. If you decide actually complete the process (4-5 years minimum), you'll probably have spent at least $10K, but by then you'll certainly be in a position to know whether that kind of investment would be worth while for the business.

    There is negligible risk that you will be unable to obtain a patent if you actually want it, given the essentially useless review performed by the PTO. If you try to finish the process on your own, you may end up with some rather convoluted claims--getting the best claims is where skilled legal help is really important. This is not just about legal skill, either--for example, a lawyer who has worked with your particular patent examiner may have valuable insight into what kind of claims will and won't be allowed. This is one of the important things that the specialist firms can provide.

    Nolo Press's wonderful book, "Patent it Yourself", explain all about the process as it's supposed to work. However, it doesn't talk much about the end-game and the value of skilled help, nor about how to draft specifications that are sufficiently broad to support a wide variety of claims when the time comes.

  312. On-line services and the Lone Coder by time961 · · Score: 3, Interesting
    Another thing to consider as a Lone Coder is somehow tying your product to an on-line service (or, more to the point, thinking of products for which such a service is essential).

    Customers are more willing to pay for something when it is clear to them that it's costing the supplier something to supply it. Downloading software looks "free" because it only happens once, but if it's clear that an ongoing service is required, that's easier to justify paying for.

    That said, with today's hosting and communication costs, services can be pretty darn cheap to provide: even factoring in the need for reserve capacity to handle unpredictable demands, the gross profit margin can be huge.

    This model fits as well with GPL software as with proprietary, and it scales much better than the "support services" model. To provide support, you have to have actual people doing work, but to expand an automated service, you just need more hardware.

    YMMV: This is not a trivial model to set up: it just can't work for many types of applications. If the cost is too high, or if it's not clear why the service is an essential and valuable component of the offering, customers will resent it. If the service is essential, but unreliable or overloaded, customers won't much like that, either. And so forth. From a technical and cost perspective, however, it's highly practical.

  313. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by multiplexo · · Score: 1
    Oh man. Posts like this make me regret that you can only give someone five mod points per post in /..

    --
    cheap labor conservatives - they want to keep you hungry enough to be thankful for minimum wage.
  314. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    Mmmmmmmmmmm ... Spandex!

  315. Re:Someone has to...PRELIMINARY AUTOPSY RESULTS by Anonymous Coward · · Score: 0

    "Please god don't let them take North beach, too..."

    No, the Lone Coder's Girlfriend was hooked on the remarkable seafood jambalaya at Hyde Street Raw Bar and so they wanted to live close enough to be able to dine there and then walk over to The Saloon, where they proposed various schemes involving the number "3" to the red-haired wench who tends bar there...

  316. Re: patents and the small developer by jaoswald · · Score: 1

    Thanks for reminding readers about an important third category of patent holders. I am a believer in the patent system as a whole, and my discussion left out the important case of a startup that wants to become a major player, instead of staying a one-person show. The VC game is a wholly different arena, with its own strategies, pitfalls, and rewards.

  317. No He's Not ... Still just as doable as before by CyTG · · Score: 1

    Depends on the uniqueness of your idea, the more unique, the simpler design you can get away with initially.
    As technology continue to grow, pretty wide ass gaps are left out there for you explore, as a lone coder.

    Of course, if you're the idea-less, non-creative type, you never had a chance to begin with.

  318. mod parent down by Anonymous Coward · · Score: 0

    The last time I checked, really snarky sarcasm is not informative or insightful. It's not even slightly interesting. Bleh.