3 ms·
In my view, the fundamental problem is that software doesn't fit neatly into either the patent or the copyright regimes. Patents are not supposed to cover abst
by D13Fd 6y ago
In my view, the fundamental problem is that software doesn't fit neatly into either the patent or the copyright regimes.
Patents are not supposed to cover abstract ideas. In reality, all software is abstract.
Copyrights are supposed to cover an expression of an idea. It is not meant to cover inventions or functional devices.
Patent terms are relatively short, 20 years from filing, because technology needs to advance. It's great that you invented a drug to cure cancer, but you shouldn't be able to own it forever.
Copyright terms are functionally infinite (currently the life of the author plus 70 years, or 120 years for corporate works, but likely to be extended going forward).
It doesn't make sense that software is most similar to inventions protected by patent, but gets the essentially infinite term of protection of copyright.
I would propose that Congress pass a law limiting the term of copyright protection for software (object code, source code, or otherwise) to 20 years from date of creation. That puts it in a middle ground between patent/copyright, where it should be.
Trade secret is fine as it is.