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Software consists of lists of instructions that a computer reads and
executes. The tasks done by a computer are largely repetitive; the same
chunks of instructions are executed many times. Each chunk performs one
specific task and goes by the label algorithm, a method for accomplishing a
specific task. In the United States, it is possible to obtain a patent for
a software algorithm. One example of a patented software algorithm is the
LZW software algorithm. The LZW patent is owned by Unisys. The algorithm
is commonly used to compress an image file into a format know as the
Graphics Interchange Format (gif). Patent law was created to protect the
rights of the inventor and to encourage innovation. The thinking was that
an inventor would be more inclined to reveal his invention to the public if
he knew that a rival would not steal his design and undercut the original
inventor's business. By encouraging inventors to share inventions with all,
patent law tries to improve society. Patent law, however, is far from
perfect; particularly in the area of software patents it has failed
miserably to create innovation or to improve society. Like the prophecy of
the witches in Macbeth, things are not always as they seem. Software patents
may appear to be good at first glance, but in reality they stifle innovation
and creativity.
First, the idea of patenting a software algorithm steps into the realm of
absurdity. As previously stated, an algorithm describes a concrete set of
instructions which, upon execution by a computer, perform a specific task.
The above definition, however, includes one erroneous detail; the
instructions in an algorithm need not be executed by a computer. A computer
greatly speeds the execution, but a human being can just as easily, albeit
slower, execute the steps in an algorithm. With this knowledge, one
struggles to grasp what exactly Unisys has patented. Have they patented the
idea of the algorithm, or the actual written software form of the algorithm?
If the patent governs the software form only, then what happens when a
programmer uses a different programming language to write the same algorithm
in a different way? (Many programming languages exist, each with different
grammar). Two programs that look incredibly different may perform exactly
the same task, even when written in the same language. Perhaps Unisys only
holds a patent for their particular implementation of the algorithm;
however, any gif-creating software (using the LZW) violates the patent in
the eyes of the law. If, on the other hand, the idea of the algorithm falls
under the patent, consider the following scenario. Since a human can execute
an algorithm, a human could feasibly memorize an algorithm. By memorizing
the LZW algorithm, a human could violate patent law merely by thinking.
Obviously, patent law does not intend to outlaw certain forms of thinking.
Even without memorization, one could break patent law by using pencil and
paper. The law may see pencil and paper versus computer software as two
completely different things, but they are one in the same. The computer
version merely allows itself to be executed faster by a computer.
Besides being utterly ridiculous, software patents stifle creativity and
innovation. Patent law emerged with the stimulation of creativity and the
benefit of society as two of its goals. It has failed to do this,
especially in the world of software patents. Unisys, as the LZW patent
holder, does not allow gif-producing software to exits unless the person(s)
responsible for the software have purchased a license from Unisys. Upon
doing so, the software becomes bound by terms set by Unisys. This poses a
huge problem with respect to the creativity and especially the societal
benefit goals of the patent law. Specifically, a movement in the software
industry has started in an attempt to produce a body of what is known as
Free Software. Free Software, nothing like so called freeware, refers to
freedom and not price. While it can be obtained for free, the true goal of
freedom means that the software is freely redistributable and freely
modifiable. Free Software attempts to help unify people by promoting
sharing and teamwork in contrast to the philosophy of most commercial
software producers. A Free Software program cannot legally contain the LZW
algorithm because Unisys owns the algorithm and therefore part of the
program. Unisys will not allow free redistribution of its algorithm; it
wants a royalty and some control over the algorithm that it owns.
Standards reign as one of the most important parts of computers, computer
networks, and the Internet. By not allowing Free Software to use a
patented algorithm, the possibility exists that Free Software cannot
support a common computer standard. An alternative may arise and suddenly,
one has two incompatible standards. In a case such as this, the patent
contributed to disunity. By forcing Free Software to start from scratch
instead of building on previous knowledge in the form of a patented
algorithm, the patent deters innovation and forward movement. The gif file
format proliferates the Internet, and true Free Software cannot legally
support it. Two new image file formats meant to replace gif have arisen
which do not use patented algorithms. Incidentally, they offer many
advantages over the gif standard. However, during the transition period,
incompatibilities will surface.
Patent law remains incredibly flawed and does not belong in the software
world. Ideas and knowledge, unpatentable in nature, benefit society when
shared, not when hoarded. The example of Unisys and LZW, by no means the
only patented algorithm, gives a concrete example of the failure of the
software patent to fulfill the original goals of the patent law itself.
One must not think too hard about this subject, however, for fear of
violating a patent.
Word Count: 956
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