Unfortunately it isn't that simple.
I would suggest that the financial instrument being traded is probably the least important aspect. The most important aspect from IB's perspective is that if they supply the software within the US they are infringing. If they supply the software to customers outside the US they are probably also infringing, because the infringing product is being directly supplied from within the US; unlike Microsoft in this case: http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2058
It may be that if you have the software and are using it to trade non-US products you may be avoiding infringement, but I doubt it, as I think you are still âusingâ the software in the US. Likewise I wouldn't think that using the software from outside the US to trade US products would be an infringement. The transactions taking place within the US are being performed by the broker not the user.
- In any case it doesnât really matter because it is IB who is supplying the software and so the patent issue firstly applies in getting the software to the user.