The Failure of Software Copyright Law Essay -- Technology Computers Pa

The Failure of Software Copyright Law A Definition With the Copyright Act of 1980, the following was added to the existing copyright laws: A "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.1 A "program" or "software" instructs the "hardware," the computer, in its task of adding, storing, exchanging data, etc.2 At the base level, a program is simply a mathematical algorithm, a stream of on/off states, which the hardware uses. Copyright and patent law has generally excluded mathematical algorithms from legal protection due to the social benefits of their widespread dissemination.3 Software, however, is primarily protected by copyright law under the premise that an author is entitled to the financial incentive. The debate is this: "Is there a way to protect innovators without strangling further innovation?"4 The Harms of Protection Early makers of computers handed out free accompanying software particular to their machines.5 Their thought was that this would encourage the purchase of their hardware. Soon, however, software producers began to copyright their products and the result was that each computer-maker had incompatible software.6 A company with sufficient lead-time ... ... 58 West's 3d, 10.4. 59 West's Feb. '90, 308. 60 ibid., 422. 61 Menell, 1084. 62 Menell, 1088. 63 Menell, 1087. 64 Menell, 1082. 65 Menell, 1088. 66 Weigner, 137. 67 Menell, 1078. 68 Barinaga, Marcia, "Computer microcode instructions judged within copyright," Nature 16 February 1989: 591. 69 Business Week, 122. 70 Menell, 1060. 71 Hammonds, 86.