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As they should. Software IP needs a new domain of IP protection outside copyright/patent/trademark law. This is the domain of the legislature, not the courts.
by unlinked_dll 7y ago
As they should. Software IP needs a new domain of IP protection outside copyright/patent/trademark law.
This is the domain of the legislature, not the courts. We shouldn't shoehorn in an interpretation we like or don't like because of the failure of the law to adapt to new kinds of content and culture towards it.
- giancarlostoro 7y ago> This is the domain of the legislature, not the courts. We shouldn't shoehorn in an interpretation we like or don't like because of the failure of the law to adapt to new kinds of content and culture towards it. The courts are the fallback when legislation comes into question. It's not a perfect system but it attempts to balance itself out. For example, laws that violate your constitutional rights can be challenged in court, as they should.
- robbya 7y agoFor anyone who is curious about this line of thinking, I'd recommend reading a little bit of Neil Gorsuch's "A Republic, If You Can Keep It." The book covers these ideas very well. On the other hand it's dry, repetitive, and has really poor flow, so I'm struggling to finish it myself.