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Software patents, like other types of patents , are theoretically supposed to give an inventor an exclusive, time-limited license for a detailed idea e.
an algorithm on how to implement a piece of software, or a component of a piece of software. Ideas for useful things that software could do , and user requirements , are not supposed to be patentable, and concrete implementations i.
the actual software packages implementing the patent are not supposed to be patentable either—the latter are already covered by copyright, generally automatically. So software patents are supposed to cover the middle area, between requirements and concrete implementation. In some countries, a requirement for the claimed invention to have an effect on the physical world may also be part of the requirements for a software patent to be held valid—although since all useful software has effects on the physical world, this requirement may be open to debate.
Meanwhile, American copyright law was applied to various aspects of the writing of the software code. Software patents are controversial in the software industry with many people holding different views about them.
One of the sources of controversy is that the aforementioned split between initial ideas and patent does not seem to be honored in practice by patent lawyers—for example the patent for aspect-oriented programming AOP , which purported to claim rights over any programming tool implementing the idea of AOP, howsoever implemented. Design and implementation of software vary depending on the complexity of the software. For instance, the design and creation of Microsoft Word took much more time than designing and developing Microsoft Notepad because the former has much more basic functionality.
Software is usually developed in integrated development environments IDE like Eclipse , IntelliJ and Microsoft Visual Studio that can simplify the process and compile the software. For instance, the Spring Framework is used for implementing enterprise applications , the Windows Forms library is used for designing graphical user interface GUI applications like Microsoft Word, and Windows Communication Foundation is used for designing web services.
For instance, a Microsoft Windows desktop application might call API functions in the. NET Windows Forms library like Form1. Close and Form1. Show  to close or open the application. Without these APIs, the programmer needs to write these functionalities entirely themselves.
Companies like Oracle and Microsoft provide their own APIs so that many applications are written using their software libraries that usually have numerous APIs in them. Data structures such as hash tables , arrays , and binary trees , and algorithms such as quicksort , can be useful for creating software.
Computer software has special economic characteristics that make its design, creation, and distribution different from most other economic goods. A person who creates software is called a programmer , software engineer or software developer, terms that all have a similar meaning.
More informal terms for programmer also exist such as "coder" and "hacker" — although use of the latter word may cause confusion, because it is more often used to mean someone who illegally breaks into computer systems. From Wikipedia, the free encyclopedia. Non-tangible executable component of a computer.
For other uses, see Software disambiguation. This article needs additional citations for verification. Relevant discussion may be found on the talk page. Please help improve this article by adding citations to reliable sources.
Unsourced material may be challenged and removed. Find sources: "Software" — news · newspapers · books · scholar · JSTOR January Learn how and when to remove this template message. Main article: History of software. See also: Software categories. Main article: Programming tool. See also: Software architecture. Main article: Execution computing.
Main articles: Software quality and Software testing. Main article: Software license. Main articles: Software patent and Software patent debate. Main articles: Software development , Computer programming , and Software engineering. Retrieved 26 May Archived from the original on 2 November Annals of the History of Computing.
doi : S2CID Archived from the original PDF on 15 February The Guardian. Retrieved 25 November Journal of Mathematics. Archived PDF from the original on 9 October Retrieved 28 August INFOR: Information Systems and Operational Research. ISSN American Mathematical Monthly. JSTOR CODEN AMMYAE.
The Mathematical-Function Computation Handbook - Programming Using the MathCW Portable Software Library 1 ed. Salt Lake City, UT, USA: Springer International Publishing AG. ISBN LCCN IEEE Annals of the History of Computing. Archived from the original PDF on 5 June Retrieved 25 June The New York Times. Retrieved 24 September A survey of the current status of the electronic reliability problem PDF.
Santa Monica, CA: Rand Corporation. In any of these phases personnel failures may result in unoperational gear. As with the hardware factors, there is almost no quantitative data concerning these software or human factors in reliability: How many faults are caused by personnel, why they occur, and what can be done to remove the errors. The University of Mississippi. Archived from the original on 30 May Retrieved 26 January IEEE Computer Society.
May—June Archived from the original on 28 October Retrieved 6 November Archived from the original on 6 November PLOS Computational Biology. Bibcode : PLSCB Secondary sex characteristics—penis, vagina, appearance, behavior—arise later, from hormones, environment, experience, and genes interacting. To explore this, we move from the body to the brain, where biology becomes behavior. When the biology gets too complicated, some point to differences between brains of males and females as proof of the sexual binary.
Certain brain characteristics can be sexually dimorphic: observable average differences across males and females. This tiny brain area with a disproportionately sized name is slightly larger in males than in females. Trying to link sex, sex chromosomes and sexual dimorphism is also useless for understanding other brain properties.
The hormone vasopressin is dimorphic but is linked to both behavioral differences and similarities across sex. It also happens that transgender people have the brains to prove it.
Thanks to the participation of trans people in research, we have expanded our understanding of how brain structure, sex and gender interact. For some properties like brain volume and connectivity, trans people possessed values in between those typical of cisgender males and females, both before and after transitioning. Another study found that for certain brain regions, trans individuals appeared similar to cis-individuals with the same gender identity.
In that same study , researchers found specific areas of the brain where trans people seemed closer to those with the same assigned sex at birth. Other researchers discovered that trans people have unique structural differences from cis-individuals. THE BODY AND THE BRAIN AND THE HORMONES BETWIXT. Anyone who has gone through puberty has felt the power of hormones firsthand. For one thing, all humans possess levels of estrogen, progesterone and testosterone with sex differences not as prominent as is popularly thought.
During infancy and prepubescence, these hormones sit in a bipotential range, with no marked sex differences. Through puberty, certain sex hormones like estrogen, progesterone and testosterone become weighted toward one end of a spectrum. But in developed adults, estrogen and progesterone levels are on average similar between males and nonpregnant females.
And while testosterone exhibits the largest difference between adult males and females, heritability studies have found that genetics X vs. The binary sex model not only insufficiently predicts the presence of hormones but is useless in describing factors that influence them. Environmental, social and behavioral factors also influence hormones in both males and females, complicating the idea that hormones determine sex. Progesterone changes in response to typically male-coded social situations that involve dominance and competition.
Though testosterone levels are different between males and females on average, many external factors can change these levels, such as whether or not a person is raising a child. Differing testosterone levels in both men and women can predict certain parenting behaviors.
Even the content of a sexual fantasy can change testosterone levels. The fact is, behavior and environment—like cultural gender norms and expectations—influence sex-related hormones, and the biology of the body and brain itself. SCIENCE AND SOCIETY: BETTER TOGETHER.
While this is a small overview, the science is clear and conclusive: sex is not binary, transgender people are real. It is time that we acknowledge this. The trans experience provides essential insights into the science of sex and scientifically demonstrates that uncommon and atypical phenomena are vital for a successful living system. Even the scientific endeavor itself is quantifiably better when it is more inclusive and diverse.
So, no matter what a pundit, politician or internet troll may say, trans people are an indispensable part of our living reality. Transgender humans represent the complexity and diversity that are fundamental features of life, evolution and nature itself. That is a fact.
It originally referred to participants as transgender. The views expressed are those of the author s and are not necessarily those of Scientific American. Simón e D Sun is a doctoral candidate in the Tsien Lab at New York University's Neuroscience Institute. Already a subscriber?
A federal appeals court struck a major blow against the Consumer Financial Protection Bureau with a finding that its funding mechanism is unconstitutional. The decision is likely to be challenged, setting up a major fight for the future of the top U. consumer-finance watchdog. As set up under the Dodd-Frank Act, the CFPB is funded by the Federal Reserve rather than congressional appropriations. But Republicans have chafed at what they view as anti-business practices and a lack of oversight.
The structure has been the target of legal challenges before. Democratic Sen. Elizabeth Warren, who oversaw the CFPB's creation , responded to the ruling on Twitter, writing that "extreme right-wing judges are throwing into question every rule the CFPB enforces to protect consumers and businesses alike.
Republican Sen. Cynthia Lummis, meanwhile, said the CFPB "needs the same Congressional oversight as every other government agency.
The CFPB is expected to challenge the ruling, though it has yet to confirm that. To that point, the CFPB issued new guidance to credit-reporting agencies Thursday about omitting what it called "junk data" from credit reports. The CFPB has faced several challenges to its existence over its 11 years in business. In , the Supreme Court ruled that restrictions on when its leader can be removed were unconstitutional, but rejected a plea to strike down the agency as a whole. The most significant fear from progressive lawmakers and consumer groups is that the CFPB could see its resources chopped if left to the whims of Congress.
Public Interest Research Group. The new court decision comes as the CFPB, under Biden-appointed director Rohit Chopra , has taken a more aggressive stance toward the financial industry than his Trump administration predecessors. Chopra has also promised scrutiny over the way large technology companies are expanding into financial services. But the agency is also taking up initiatives with fintech industry support, including finally setting up open-banking rules to guide data-sharing between financial institutions and tech companies.
What the ruling means for the fintech industry remains to be seen. While regulators and companies can occasionally come into conflict, the agencies also serve an important role in providing rules of the road and certainty for business models. His decisions on major cryptocurrency cases have quoted "The Big Lebowski," "SNL," and "Dr.
The ways Zia Faruqui right has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster. Veronica Irwin vronirwin is a San Francisco-based reporter at Protocol covering fintech.
Previously she was at the San Francisco Examiner, covering tech from a hyper-local angle. Before that, her byline was featured in SF Weekly, The Nation, Techworker, Ms. Magazine and The Frisc. One hundred percent electronic. The author is Magistrate Judge Zia Faruqui.
His rulings have made smart references to "The Big Lebowski," "Dr. Strangelove," and "SNL" parodies of the McLaughlin Group. Rather, before taking the judge position Faruqui was one of a group of prosecutors in the U.
There, Faruqui prosecuted cases that involved terrorism, child pornography, and weapons proliferation. But the ways Faruqui has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster.
Crypto lawyers have drawn on his prior decisions in the context of the Tornado Cash sanctions, for example. Faruqui spoke with Protocol about the power of his position, and what people in crypto should understand about the law. There was another prosecutor, Christopher Brown — you know, the other Chris Brown — and he had taken an interest in this when we were both working on financial crime in the Washington, D.
Our U. attorney at the time, Jessie Liu, had this idea of using financial investigations in a way that was not limited to just white collar crime, or even narcotics cases, but also for cyber investigations, to national security investigations, and in civil cases. A lot of what we were investigating was related to following the money and so she wanted us to be this multidisciplinary unit.
But I have to say, we started with the goal of wanting to make T-shirts, and we never did that while I was there. Your decisions have also gotten a lot of attention. We're public servants! And in order for the public to have faith and trust us, they need to understand what it is that we're doing and what we're saying. Humor is one way, not using a lot of legalese is another way. But I think there are many judges who are trying to make the judiciary more accessible, and so people can see the work that we're doing and understand what we're doing and then make their own opinions about if it's right or wrong.
But at least, if it's understandable, then there's still some trust in the framework even if you don't agree with how our decisions are stated. We are ambassadors for the judiciary to the people in our courtroom — it's a very frightening proposition being in court if you've been federally charged, and people have perceptions of what they think can happen there in terms of fairness or unfairness. But then it goes far beyond that.
I do a lot of work with the Administrative Office of the Courts, our central body doing civic education and outreach to high schools, because I want college and high school students and law students to have an experience where they get a chance to talk to a judge. So my goal is certainly not just getting to one segment of the population, but it's making decisions accessible to whoever's interested in reading them.
What has it felt like for you switching from that prosecutor role to magistrate judge? Lawyers are trying to take different frameworks from one topic and apply them to another, and then convince you that that is or is not appropriate. Being a judge is very different because you're evaluating what the parties present to you as the applicable legal frameworks, and deciding how new, groundbreaking technology fits into legal frameworks that were written 10 or 15 years ago.
But that's not really a place where judges get involved in saying how it ought to be regulated. There was, famously, a judge in Florida that said cryptocurrency was not money because you couldn't put it underneath your bed, and that's what money is: something that is tangible. So different people are going to have different decisions. And that's not just true for crypto, but also other areas of the law.
Your best-known crypto decisions strongly assert that crypto is traceable. One way people try to make it less traceable is with mixers, and Tornado Cash was sanctioned by OFAC not too long ago. Do you think the legal reasoning was sound enough for similar sanctions to be applied to other mixers, or decentralized exchanges? I don't know. I think there's been some discussion that people may litigate some of these things, so I can't comment, because those frequently do come to our courthouse.
And I think there are certainly people opining on that, yes and no. So much of what judges do is that we rely on the parties that are before us to tell us what's right and what's wrong. And then, you know, obviously, they'll have different views, and we make a decision based on what people say in front of us. Are you aware that some legal analysis of the Tornado Cash sanctions references your recent decision in a cryptocurrency sanctions case?
That's what good lawyers will always do. Even legislators might look at that as they try to think about where the gaps are. As a prosecutor I had a case where we sued three Chinese banks to give us their bank records, and it had never been done before. Afterwards, Congress passed a new law, using the decisions from judges in this court and the D.
circuit court, the court above us. So I'm sure people look at prior decisions and try to apply them in the ways that they want to. Are there any misconceptions about how the law applies to crypto, or how your decisions should be interpreted, that you wish you could get across? One misconception is that the judges can't understand this technology — we can.
People have these views in two extremes. The lawyer's fundamental job is to take super complex and technical things and boil them down to very easily digestible arguments for a judge, for a jury, or whoever it might be. The financial technology transformation is driving competition, creating consumer choice, and shaping the future of finance. Hear from seven fintech leaders who are reshaping the future of finance, and join the inaugural Financial Technology Association Fintech Summit to learn more.
Financial technology is breaking down barriers to financial services and delivering value to consumers, small businesses, and the economy. Fintech puts American consumers at the center of their finances and helps them manage their money responsibly.
From payment apps to budgeting and investing tools and alternative credit options, fintech makes it easier for consumers to pay for their purchases and build better financial habits. Fintech also arms small businesses with the financial tools for success, including low-cost banking services, digital accounting services, and expanded access to capital. We advocate for modernized financial policies and regulations that allow fintech innovation to drive competition in the economy and expand consumer choice.
Spots are still available for this hybrid event, and you can RSVP here to save your seat. Join us as we discuss how to shape the future of finance. In its broadest sense, Open Banking has created a secure and connected ecosystem that has led to an explosion of new and innovative solutions that benefit the customer, rapidly revolutionizing not just the banking industry but the way all companies do business.
Target benefits are delivered through speed, transparency, and security, and their impact can be seen across a diverse range of use cases. Sharing financial data across providers can enable a customer individual or business to have real-time access to multiple bank accounts across multiple institutions all in one platform, saving time and helping consumers get a more accurate picture of their own finances before taking on debt, providing a more reliable indication than most lending guidelines currently do.
Companies can also create carefully refined marketing profiles and therefore, finely tune their services to the specific need. Open Banking platforms like Klarna Kosma also provide a unique opportunity for businesses to overlay additional tools that add real value for users and deepen their customer relationships.
The increased transparency brought about by Open Banking brings a vast array of additional benefits, such as helping fraud detection companies better monitor customer accounts and identify problems much earlier. The list of new value-add solutions continues to grow. The speed of business has never been faster than it is today. For small business owners, time is at a premium as they are wearing multiple hats every day.
Macroeconomic challenges like inflation and supply chain issues are making successful money and cash flow management even more challenging. This presents a tremendous opportunity that innovation in fintech can solve by speeding up money movement, increasing access to capital, and making it easier to manage business operations in a central place.
Fintech offers innovative products and services where outdated practices and processes offer limited options. For example, fintech is enabling increased access to capital for business owners from diverse and varying backgrounds by leveraging alternative data to evaluate creditworthiness and risk models.
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