patented algorithms
Software consists of lists of instructions that a computer reads andexecutes. The tasks done by a computer are largely repetitive; the samechunks of instructions are executed many times. Each chunk performs onespecific task and goes by the label algorithm, a method for accomplishing aspecific task. In the United States, it is possible to obtain a patent fora software algorithm. One example of a patented software algorithm is theLZW software algorithm. The LZW patent is owned by Unisys. The algorithmis commonly used to compress an image file into a format know as theGraphics Interchange Format (gif). Patent law was created to protect therights of the inventor and to encourage innovation. The thinking was thatan inventor would be more inclined to reveal his invention to the public ifhe knew that a rival would not steal his design and undercut the originalinventor's business. By encouraging inventors to share inventions with all,patent law tries to improve society. Patent law, however, is far fromperfect; particularly in the area of software patents it has failedmiserably to create innovation or to improve society. Like the prophecy ofthe witches in Macbeth, things are not always as they
One must not think too hard about this subject, however, for fear of violating a patent. Obviously, patent law does not intend to outlaw certain forms of thinking. Have they patented theidea of the algorithm, or the actual written software form of the algorithm?If the patent governs the software form only, then what happens when aprogrammer uses a different programming language to write the same algorithmin a different way? (Many programming languages exist, each with differentgrammar). A computergreatly speeds the execution, but a human being can just as easily, albeitslower, execute the steps in an algorithm. A Free Software program cannot legally contain the LZW algorithm because Unisys owns the algorithm and therefore part of the program. Two programs that look incredibly different may perform exactlythe same task, even when written in the same language. In a case such as this, the patent contributed to disunity. Software patentsmay appear to be good at first glance, but in reality they stifle innovationand creativity. Two new image file formats meant to replace gif have arisen which do not use patented algorithms. By memorizingthe LZW algorithm, a human could violate patent law merely by thinking. 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. Free Software attempts to help unify people by promoting sharing and teamwork in contrast to the philosophy of most commercial software producers. The gif file format proliferates the Internet, and true Free Software cannot legally support it.
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