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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?

22 of 809 comments (clear)

  1. 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!

  2. 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.

  3. 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 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. 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."

  5. 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.

  6. 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

  7. 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."

  8. 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.

  9. 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.
  10. 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 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
    2. 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.

    3. 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
    4. 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.
    5. 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.

    6. 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
  11. 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.

  12. 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.

  13. 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"

  14. 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.

  15. 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*