How do they enforce software patents when the source code is secret, and the software is web-based as opposed to running on the user’s device?
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Software patents are usually granted based on the utility and functionality of the software rather than the actual source code behind the software.
To give an example, if someone has patented a software that applies a particular effect to an audio file, the patent will usually cover the application of that effect to the music in the super-specific way that effect is applied, rather than the actual code that makes that effect work. If a company were to re-create the functionality of that software entirely, they would still be committing patent infringement regardless of the source code behind the product.
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