The computer programmer . . . is a creator of universes for which he alone is the lawgiver. . . . No playwright, no stage director, no emperor, however powerful, has ever exercised such absolute authority to arrange a stage or a field of battle and to command such unswervingly dutiful actors or troops. (Joseph Wezenbaum)
The personal computer has revolutionized the way America does business. More people than ever before have a computer at their individual command. These personal computers use computer programs, or software, written by computer programmers, to translate a user's command into a series of 1's and 0's that can perform such complicated and varied tasks as controlling an automobile assembly line and masterfully performing a Beethoven symphony. Computer software is protected as intellectual property under the US copyright system. While not everyone agrees that software should be protected as intellectual property, as Anthony Clapes states in his book Softwars, One does not have to be an MBA to be able to see that if software were deprived of all legal protection, money to fund the development of new commercial software products would dry up. Without this legal protection, innovative competition is discouraged and technological advances in software have less chance of being funded. Legal protection for the investment spent writing software is paramount to the development of these computer programs.
Various groups have serious interests in the outcome of the protection decision. The first group, computer users, want software that is of high quality, that is well-supported by the publisher and is reasonably easy-to-use while being technically sophisticated, something a high degree of protection offers. At the same time, users want to use software that has universal applicability and is sufficiently like other software to cut down on the learning curve associated with learning a new package. Software producers, another group, are concerned with the economic factors associated with software pirating and unauthorized copying. There must be incentive to invest the time and resources necessary for innovative software. Without appropriate protection, the incentive is lessened. On the other hand, too much protection could serve as a barrier to small businesses with limited resources, leaving the industry to the larger corporations holding key patents and copyrights.
It is clear that, while great strides have been made, the protection of computer software development is still a point of concern for developers and legislators alike. The technological advances of recent years are forcing Congress to take a close look at how best to protect the financial investments involved in systems development. Computer software is big business with millions of research dollars at stake. Software producers who favor new software-specific legislation and those who favor using existing copyright protection all agree that protection is necessary.
As for the industry itself, it behooves those who run its corporations, those who write its software, those who report on the ebb and flow of the competitive clashes, and those who buy its products to return to first principles. It is innovation that makes the computer industry exciting, challenging, nerve-wracking, spooky, and fun, all the while producing products that by enhancing human intellect are allowing the world's people to weave together a global village of democratized knowledge, rapidly disseminated ideas and vastly improved management of businesses, industrial processes, financial markets, health care, and the environmental effects of human activity. (Anthony Lawrence Clapes)
The computer industry is exciting and moving at a fast pace. Decisions relating to the protection of the human and financial investments of the software development community will be in forefront of the industry for some time.
Informational Links
The Computer User, The Computer Programmer, Computer Languages, Software Patents, Trade Secret Protection, Software Copyrights, Sample Lawsuits, Software Producers, Sources, Opposing Views
Corporate Links
Apple Computer Corpration, Borland International, Hewlett-Packard Corporation, Lotus Development Corporation, Microsoft Corporation
Government Links
U.S. Congress, U.S. House of Representatives, U.S. Patent Office
Organization Links
Free Software Foundation, League for Programming Freedom
Individual Links