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
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
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