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| Author: | |
| Title: | A new view of intellectual property and software |
| Journal: | Communications of the ACM
1996 : MAR, VOL. 39:3, p. 21-30 |
| Index terms: | SOFTWARE COPYRIGHT COMPETITION |
| Language: | eng |
| Abstract: | The industry lacks an agreed-on set of rules for competition. According to the copyright law, software is a "literary work", but not a "useful object". The article proposes a law focused on innovative behavior, aimed at avoiding market failure by preserving lead time, and that keeps transaction cost low via a menu of standard liability rules. The article focuses on behavior and program design because literal text is well taken care of by traditional copyright, and because behavior and the design that produces it are major sources of value in software. Also the focus is rather on innovation than on invention because most software is innovative, not reaching the patent standard of invention. Summa summarum, there is much to do, but the framework proposed provides a foundation well matched to the realities of the technology, law and markets. |
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