Re: [d@DCC] C-36 thoughts

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Wed, 28 May 2003 21:17:26 -0400 (EDT)

On Wed, 28 May 2003, tOM Trottier wrote:

> I recall vaguely that there is a regulation for computer programs that
> the "first" 25 pages of source code should be deposited.
> 
> After all, the rational for patents is that it advances the art by
> making new innovations public!

  Please don't confuse patents and copyright.  The source code would
represent a single implementation (or in copyright terminology, a single
expression) of a work.  Patents cover techniques/methods, regardless of
how these techniques are implemented.

  Copyright covers a single implementation, patents cover entire classes
of implementations.  They are quite different things.  Please read the
intro to http://www.flora.ca/russell/drafts/software-patent2003.shtml
which may help.


  Given the power of network effects and first mover advantage in
software, there appears to be no economic justification for software
patents.  It is questionable whether they qualify as an 'invention' under
traditional rather than legalistic interpretations. It is entirely unknown
(I believe unrealistic) whether the patent quality problem (poor testing
for useful, novel, unobvious - it is said that more than 60% of current
granted software patents are not valid) can ever be solved in an
innovation area where the barriers to entry are so low (and decreasing 
every day).

  While there is a huge amount of up-front costs to getting a drug
approved and on the market (a sector where patent monopolies are still
questionable, but generally received as positive), all it takes is a smart
youth with an average home computer to create innovative computer software
(a sector where patent monopolies appear to only be supported by either
incumbent monopolies, or the economically uninformed ;-).

Note: Anyone who disagrees with the 'economically uninformed' comment
should read my patent report and send a rebuttal to the email address
listed!

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

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