Software and copyright
Uploaded by Admin on Jan 22, 1999
Current copright and patent laws are inapropriate for computer software; their imposition slows down software development and reduces competition. From the first computer as we know them, the ENIAC, computer software has become more and more important. From thousands of bytes on miles of paper to millions of bytes on a thin piece of tin foilsandwitched between two pieces of plastic, software has played an important part in the world. Computers have most likely played an important role in all our lives, from making math easier with calculators, to having money on the go with ATM machines. However, with all the help that has been given to us, we haven't done anything for software and the people who write it. Software by nature is completely defenseless, as it is more or less simply intellectual property, and not a physical thing, thus very easily copied. Copied software does not make money for its creators, and thus they charge more for whats not copied, and the whole industry inflates.
There are two categories of intellectual property. The first one is composed of writing, music, and films,which are covered by copyright. Inventions and innovations are covered by patent. These two categories have covered for years many kinds of work with little or no conflict. Unfortunately, it is not that easy when dealing with such a complex matter as computer software. When something is typed on a computer, it is considered writting, as it is all written words and numbers. However, when executed by the computer, it functions like an invention, performing a specific task as instructed by the user.
Thus, software falls into both categories (Del Guercio 22-24). It is generally covered today by copyright laws, for most mass market software at least. More advanced software or programming techniques, however, can be patented, as they are neither obvious nor old. This results in many problems which I will go into later.
Copyrights last the lifetime of the author, plus 50 years, and can be renewed. Patents last only 17 years, but cannot be renewed. With technology advancing so quickly, it is not necessary to maintain the protection of the software for the length of the copyright, but also, it is sometimes necessary to renew them (Del Guercio 22-24), say, for a 10th sequel in a video game series or version 47.1 of Bob's Graphic Program. With copyrighted material, one is able to write software similiar...