this post was submitted on 21 Dec 2023
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Because software is math, and like math, it's basically a way of expressing things that are true about the universe. Allowing only some people to say those things would be nonsense.
Imagine if someone patented Pythagora's Theorem and only they were allowed to use it. You couldn't even begin to count the ways in which it would be impractical. Similarly, audio or video codecs for example are just ways of describing sound waves or images more efficiently.
Yes, there is work that goes into finding these algorithms, just like there is work that goes into new mathematical theorems and proofs, but that work gets rewarded and protected in other ways (copyright etc.)
I get it now, but moreso because of the argument that another person made. I don't get your argument that "math can't be patented." If that were the case, anyone discovering a new drug through software couldn't patent it because it was made in software, and since software is just math using a combination of known axioms, theorems etc, that drug was derived from axioms, and therefore that drug wouldn't be patentable. It's like saying you can't patent a wheel, not because the wheel was invented a number of times, but because the wheel was made out of wood. Patented tech, by nature, has to be produced by existing things regardless of whether those things are patented. It shouldn't matter if the invention is inherently physical or not.
You can patent things made with software, just not the software algorithms themselves.
Also, funny you should mention drugs...
I understand that it's possible, but I don't understand why, legally speaking, a distinction is made. US courts don't seem to know either as they use the same argument that you gave (software is math), except they allow complicated software to be patented.
Crucially, the article mentions that drug patents would still be strongly enforced in the EU, Japan, and the US. It's great that India is making drugs more accessible, but I don't see how it's relevant to the differences in hardware and software for patentability.
You don't understand why the law distinguishes between a piece of digital art and Photoshop itself? Come on, dude.
What it means is that ultimately it's all politically and commercially motivated. If a country wants to make it possible to patent something they'll do it, even if it's nonsense (software) or cruel and exploitative (drugs).