Most software has zero need for this. My company's product contains a web server. We don't bother to check to see if some other program is using port 80 or 44

Most software has zero need for this. My company's product contains a web server. We don't bother to check to see if some other program is using port 80 or 443, we just use it. The reason is that we own the machine, we install the software, and we know there is nothing running on these ports; and more, if something is on these ports, we have no way to recover, so terminating abnormally is the right answer.