Re: The Basic Question: Why??

Michael Winkleman writes:
>
> Has anyone ever given any serious thought recently as
> to why there is such a TIME difference between
> copyright and patent protection periods?
>
> I assume it is historical, but I really wonder if in
> today's world the difference is sustainable,
> especially in view of software and multimedia.
>
> Perhaps it is because we prize specific expression over
> generic methodology?? But look at the time multiple for
> that, is it truly justifiable??

     The difference is based on the extent of the monopoly accorded. Giving protection to the expression of the idea does not give protection to the idea itself and thus the scope of the monopoly in copyright is much restrained. The patent system gives protection against the making, useing, or selling of the idea itself, a monopoly that can have extraordinary economic consequences. Whether software fits this well may be another matter but that raises the question as to how we should protect software, not whether the copyright term should be reduced or patent extended. I'm always inclined to think that where most of the countries of the world do something the same way, the reasoning must at least prima facie be correct.

Harvey Perlman
<hperlman[_at_]unlinfo.unl.edu> Received on Wed Mar 02 1994 - 12:15:53 GMT