Why Not Software Patents?

Why should patent protections not be available for computer software?

At its core (pun intended), computer memory is just a bunch of transistor-switches. Imagine needing permission from a patent holder, just to turn on all the lights in the building, or to turn lights on and off to make the letters "L O V E" on a skyscraper. Really, it's accomplished with just switches. There may be a patent on the switches themselves, but you are allowed to configure them for any effect you desire.

So it should be with software. The hardware probably has a thousand patents covering its various inventions, but what code and data you load into it (setting the transistor-switches) should be up to you, as well as any resulting effects. If those "resulting effects" includes playing a DVD, then so be it, but the term can be applied to just about any computer program.

(Again, thanks to "the Batman" for spurring this line of thought.)

Posted on Mar 8, 2008 at 3:40:44 AM EST.