Law in the Internet Society

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CompSoftPatentorCopyright 6 - 06 Oct 2011 - Main.MiaLee
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Eben mentioned how computer software has been traditionally protected by copyright, instead of patents. That has me thinking, maybe patent protection is better than copyright (if we cannot achieve free computer software).
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 Responding to Bahrad, software patents are not monopolies on mental processes, which are themselves unpatentable per se. They involve application of the mental process to a specific procedure or machine. The protection granted by patent law is on the specific application, usually tied to the machine/computer or transformative effect. Now I agree with you and other authority that many software patents are not worthwhile for the software industry or society. And I think the Fed. Cir. is continuing to mess up Section 101 (patentable subject matter), including computer software. But some patent protection may be desirable for the next new software that can change how we work or use computers. Some software programs that might be created would require enormous time and resources beyond the willingness and ability of individuals who can try to innovate for free. Even though it may sound cynical and against what our class is about, we may need large companies and patent protection to encourage broadly the development of all kinds of software.

-- ThomasHou - 06 Oct 2011

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From what I can surmise based on my budding IP knowledge, I think copyright is a better solution than patent because copyright protection does not extend to ideas or methods of operation that are too functional to be expressive. Reverse engineering is also allowed with copyrighted works, but not with patented works. Copyright could definitely be improved by expanding the fair use doctrine so that its applications to the software realm are more apparent. For instance, eager, altruistic Linux-type developers could push out improvements to popular commercial software without fear of retribution.

Also, here's an infographic on tech companies' patent wars and their stifling effect on innovation.

-- MiaLee - 06 Oct 2011

 
 
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Revision 6r6 - 06 Oct 2011 - 04:41:45 - MiaLee
Revision 5r5 - 06 Oct 2011 - 03:49:13 - ThomasHou
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