www. O S N E W S .com
News Features Interviews
BlogContact Editorials

US judge: end software patents, copyright is sufficient
By Thom Holwerda, submitted by galvanash on 2016-10-07 23:28:12

The end may be in sight for software patents - which have long been highly controversial in the tech industry - in the wake of a remarkable appeals court ruling that described such patents as a "deadweight loss on the nation's economy" and a threat to the First Amendment's free speech protections.

There's so much good stuff in the actual ruling (I urge you to read the whole damn thing!) that I don't even know where to start, middle, and end. I think this is the best part?

It is well past time to return software to its historical dwelling place in the domain of copyright. See Benson, 409 U.S. at 72 (citing a report from a presidential commission explaining that copyright is available to protect software and that software development had "undergone substantial and satisfactory growth" even without patent protection (citations and internal quotation marks omitted)); Oracle Am., Inc. v. Google Inc., 750 F.3d 1339, 1380 (Fed. Cir. 2014) (noting that "several commentators" have "argue[d] that the complex and expensive patent system is a terrible fit for the fast-moving software industry" and that copyright provides "[a] perfectly adequate means of protecting and rewarding software developers for their ingenuity" (citations and internal quotation marks omitted)); Peter S. Menell, An Analysis of the Scope of Copyright Protection for Application Programs, 41 Stan. L. Rev. 1045, 1076 (1989) (explaining that patents were historically "not seen as a viable option for the protection of most application program code" and that many software programs "simply do not manifest sufficient novelty or nonobviousness to merit patent protection").

Reading this gives me tinglies in my tummy.

I have no idea about the level of importance of this decision, how many different appeals could wreck it, or even if it is very relevant to begin with - but my god is this an absolutely amazing read that echoes everything I and many, many other people have been saying about software patents for so many years now.

Software need not have more protection than copyright on the written code itself. Anything beyond that is destructive.

10  Comments - Printer friendly - Related stories
Recent related stories
- The dystopia we signed up for - 2017-09-14
- Data of 143 million Americans stolen from Equifax - 2017-09-07
- EC hits Google with record 2.42 billion EUR fine - 2017-06-27
- Website used Zillow photos to mock bad design; Zillow may sue - 2017-06-27
- Trump administration approves social media checks - 2017-06-22
- More related articles
 

Tell a friend
Your full name:
Your email address:
Your friend's email:
Anti-spam measure:
5+2=

News Features Interviews
BlogContact Editorials


WAP site - RSS feed
© OSNews LLC 1997-2007. All Rights Reserved.
The readers' comments are owned and a responsibility of whoever posted them.
Prefer the desktop version of OSNews?