Math You Can't Use: Patents, Copyright, and Software

by Ben Klemens

This lively and innovative book is about computer code and the legal controls and restrictions on those who write it. The widespread use of personal computers and the Internet have made it possible to release new data or tools instantaneously to virtually the entire world. However, while the digital revolution allows quick and extensive use of these intellectual properties, it also means that their developers face new challenges in retaining their rights as creators. Drawing on a host of examples, Ben Klemens describes and analyzes the intellectual property issues involved in the development of computer software. He focuses on software patents because of their powerful effect on the software market, but he also provides an extensive discussion of how traditional copyright laws can be applied to code. The book concludes with a discussion of recommendations to ease the constraints on software development. This is the first book to confront these problems with serious policy solutions. It is sure to become the standard reference for software developers, those concerned with intellectual property issues, and for policymakers seeking direction. It is critical that public policy on these issues facilitates progress rather than hindering it. There is too much at stake.

Genres: Software

150 pages, Hardcover

First published January 1, 2005

Reviews

[B · Rating 5 out of 5]

What can I say... I refer to it all the time.

[David Salazar · Rating 3 out of 5]

USPTO started granting software patents since late 90's, it has granted patents to software process so obvious and simple that are not really innovative (Slide to unlock granted to Apple, one click buying to Amazon, double click to Microsoft) and also granted patents to sketches of products without confirmation of real implementation. Although economical arguments presented in this book are pretty valid, technical arguments are a bit forced. You can realize the lawsuits between big software companies today are motivated by opportunism. The real problem behind, is that startups face additional difficulties not because they are not innovative but because of the patent trolls or the many patents not intended to protect intellectual property but to be an obstacle for competitors and newcomers.

[Leonardo · Rating 3 out of 5]

Informativo, pero divaga un poco.

El autor presenta el contexto estadounidense de los patentes y el software a inicios de los años 2000 para generar una serie de recomendaciones para políticas de propiedad intelectual.

Me gusta cómo construye su caso. Toca temas de economía, de cómo el software es, en cierto sentido, equivalente a términos matemáticos y de las decisiones que han guiado a las cortes a tomar decisiones en casos canónicos de demandas legales por software.

En algunas ocasiones sentí que el autor o se estaba repitiendo mucho, o salía tangencialmente de lo que discutía. También tiene unas pocas imprecisiones matemáticas. Pero en general es un buen ensayo económico, político y científico de cómo mejorar la legislación en torno a la propiedad intelectual de software.

[Oscar · Rating 4 out of 5]

It's a great, succinct, and accessible discussion on the proliferation and abuse of software patents and extensions of copyright law. The author demonstrates that patenting any form of software is the equivalent of patenting a mathematical formula, and the ramifications are far-reaching and almost universally bad.

Essentially every software application on the market today infringes on anywhere from dozens to hundreds of patents, but the cost in time and legal fees to deal with them all is prohibitive. Large corporations maintain vast portfolios of patents to protect against competition, and the result is a stifling of creativity, rather than the protection of it.

While there's math in the title, I imagine it will be an interesting read to anyone interested in technological public policy.

[David · Rating 1 out of 5]

I thought this book was confused and poorly written. I don't know -- maybe I just have a bad attitude (Hawley liked it!?). The author bastardizes the Curry-Howard isomorphism, one of the more important observations on the connection between formal logic and programming languages (of a very specific kind), which has a very technical meaning to it. I guess it's nothing new, in popular literature there are an uncountable number of cringe worthy discussions of uncertainty, relativity, incompleteness, etc. But now this fucker has stepped on my turf. I had a hard time taking him seriously after that and couldn't bring myself to finish it.

[Greg · Rating 4 out of 5]

I got this book after viewing the short documentary Patent Absurdity which is about software patents. I recommend both that documentary and this book to anyone who wants to know more about the issues surrounding the current Bilski court case in the US Supreme Court.

However, I do agree that this book isn't the most well written; the author sometimes repeats himself to the point where you think "yeah, I get it already!"

This gets a 4 because of the material it covers and the suggestions it makes for future policy.

[Aaron Hawley · Rating 5 out of 5]

This is a pretty radical book because it explains in clear language the sordid history and broken idea of software patents. It's really not bad for a book by a member of a think tank -- Brookings if I recall.

[Hema · Rating 3 out of 5]

A fascinating review of patentable subject matter, and the problems with the current system, particularly with respect to computer programs and software. This was a particularly interesting read in light of the recent Bilski decision and the awaited opinion from the Supreme Court.

[Nick · Rating 3 out of 5]

Reading about law-related things is difficult. I probably didn't get nearly as much out of my first reading as could be gotten from this book.