🚀 go-pugleaf

Maciej Stachowiak wrote:
> I think most people can agree that mathematical knowledge should not
> be patentable. But:
> 
> * The means of performing a computation is mathematical knowledge.
> 
> * Any possible scope of a "software patent" is a means of performing a
> computation. All computations that can be performed by a computer are
> mathematical, whether or not you express them that way. Inside, the
> computer is just pushing bits.
> 
> * Therefore software is mathematical knowledge.
> 
> * Therefore software patents ought not be permitted.
> 

I used to be opposed to software patents and this was one of my main
arguments.  However, if you really think about it, the argument is less
persuasive.

The problem with the argument is that if you try hard enough, just about
anything can be dismissed as mathematical knowledge.  In fact, the
logical extension of your argument is that anything that you can do on a
computer cannot be patentable since it is just an extension of
mathematical knowledge.

Many physical inventions are first fully simulated by computer prior to
being built.  In what way does a simulation differ from a computer
program?  Are these inventions to be denied patents?

You can claim that physical inventions are patentable because they apply
mathematical knowledge to do actual work, but making such a claim while
insisting that software should not be patentable is implying that
software doesn't do actual work.  I contend that software does do actual
work, and thus should be patentable.

Intellectual arguments about the meaning of the word "math" aside, my
real reason for supporting software patents remains that the granting of
patents encourages innovation by providing a legal means by which a
company or organization can profit from developing new software
algorithms.

-- 
Index of Alternative Operating Systems           http://www.indexos.com

Joel Peterson                                  joel@odin-consulting.com
President
Odin Consulting, Inc.                    http://www.odin-consulting.com