I have been working on some software for a few years now but just recently found that somebody else has been granted a patent a few months ago in the US which makes multiple claims which is like reading a description of my own software. As you can imagine this kind of blows up my plans. (I should probably add that I have not distributed it online before).
Presumably this makes it impossible for me to distribute my software in the US - but my question is if I distributed it online where someone in the US, or one of these countries which has a deal with the US on software patents (unfortunately that seems to be most of the world), could potentially access and download it, how is this managed? Do I have to put a disclaimer somewhere "not available to US residents"? Anyone else in this position? How does this work? Are NZ based software developers really protected from being sued by US patent holders?
What is the current state of the software patent law? There are rumours they are trying to overturn it with the TPPA. After reading through various articles online, I get the feeling the current wording is still vague, and perhaps is only really designed to stop patents on commonly used open source software?