In counter to that notion, I offer the observation that patent law as actually applied to software simply has not worked. We literally have patents covering the idea of a “twirlybird wait symbol” being translucent rather than solid. A patent was issued to IBM covering the idea of using a “compare double and swap” instruction to update a singly-linked list even though the identical idea is taught in textbooks. I opine that “patent law simply has not worked” because the idea is a shoe that really does not fit. And copyright law really does not fit, either. I think this is a different beast, such that a new legislative design is needed. (And it won’t be an easy, obvious, or controversy-free design.)
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