Proprietary Rights in Computer Software: Individual and Policy Issues

Deborah G. Johnson

• 1. Introduction
• 2. Is It Wrong to Copy Proprietary Software
• 3. Is Our System of Copyright and Patent Protection for Computer Software Good?
• 3.1 Patents
• 3.2 Copyright
• 3.3 Not Bad Laws
• 4. Is Policy Change Called For?
• References

4. Is Policy Change Called For?

In recent years a number of recommendations have been made for changes in the protection of computer software? Pamela Samuelson has, perhaps, done the most thorough job of identifying the alternatives. In her Emory Law Journal (1990) article, she outlines four possible changes. They are: (1) rely on Copyright alone; (2) limit software patents to traditional industrial processes and machines; (3) accept an expansion of the patent subject matter limitation and work out a patent/copyright interface for programs; and (4) develop sui generis legislation for the protection of computer programs. Samuelson examines the advantages and disadvantages of each, but it is not at all clear which is the best.

Whatever changes one supports, it seems clear that we must keep in mind that our ends should be the same as those of the patent and copyright systems, to create an environment in which creativity and invention are encouraged and facilitated.

Rensselaer Polytechnic Institute

References

Deborah G. Johnson, “A Reply to ‘Should Computer Programs Be Ownable?’” Metaphilosophy, Vol. 24, 1993, pp. 85 – 90.

Deborah G. Johnson, Computer Ethics,Prentice-Hall, 1985.

Brian Kahin, “The Case Against ‘Software Patents’,” unpublished paper.

Helen Nissenbaum, “Should I Copy My Neighbor’s Software?” Computing & Philosophy, forthcoming.

Pamela Samuelson, “Benson Revisited: The Case Against Patent Protection for Algorithms and Other Computer Program-Related Inventions,” Emory Law Journal, Vol. 39, No. 4, Fall 1990: 1025 – 1154.

Richard Stallman, conference paper, American Philosophical Association Meetings, December, 1990.

Back to the top

Go to: The Virtues of Software Ownership – Carey

Home > Research Resources > Software Ownership & Intellectual Property Rights > Proprietary Rights in Computer Software: Individual and Policy Issues

HOME | IN THE NEWS | RESEARCH RESOURCES
TEACHING RESOURCES | STUDENT RESOURCES
LINKS | THE GALLERY | STAFF

The Research Center on Computing & Society
at Southern Connecticut State University
501 Crescent Street • New Haven, CT 06515
Director: (203) 392-6790 • e-mail: webmaster@computerethics.org

© 2000 – 2007 – Research Center on Computing & Society