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Math You Can't Use: Patents, Copyright, and Software, by Ben Klemens
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This lively and innovative book is about computer code and the legal controls and restrictions on those who write it. The widespread use of personal computers and the Internet have made it possible to release new data or tools instantaneously to virtually the entire world. However, while the digital revolution allows quick and extensive use of these intellectual properties, it also means that their developers face new challenges in retaining their rights as creators. Drawing on a host of examples, Ben Klemens describes and analyzes the intellectual property issues involved in the development of computer software. He focuses on software patents because of their powerful effect on the software market, but he also provides an extensive discussion of how traditional copyright laws can be applied to code. The book concludes with a discussion of recommendations to ease the constraints on software development. This is the first book to confront these problems with serious policy solutions. It is sure to become the standard reference for software developers, those concerned with intellectual property issues, and for policymakers seeking direction. It is critical that public policy on these issues facilitates progress rather than hindering it. There is too much at stake.
- Sales Rank: #889980 in Books
- Brand: Brand: Brookings Institution Press
- Published on: 2005-11-28
- Original language: English
- Number of items: 1
- Dimensions: 9.32" h x .77" w x 6.32" l, 1.07 pounds
- Binding: Hardcover
- 181 pages
- Used Book in Good Condition
Review
"This adds some interesting perspective to the debate about software patents." —Karl Friedrich Lenz, Lenz Blog, 1/18/2006
"Ben Klemens...cognetly spells out the arguments against softward patents, and also the next fronteir: Mathematical algorithm patents." — Butler Group Blog, 8/17/2005
"Regardless of where you stand on the software and process patent issue, this book is worth a read and should be on every software developer's and manager's bookshelf." —William Wong, Electronic Design Online, 5/24/2006
"Klemens' book is interesting and engaging. It is also ultimately an important contribution to the debate over the appropriate means to protect the fruits of the innovation economy." — Canadian Business Law Journal
About the Author
Ben Klemens is a guest scholar at the Center on Social and Economic Dynamics at the Brookings Institution, where he writes programs to perform quantitative analyses and policy-oriented simulations. He also consults for the World Bank on intellectual property in the developing world and computer-based simulations of immigration policy.
Most helpful customer reviews
6 of 23 people found the following review helpful.
An economist's flawed appeal to theoretical computer science concepts
By fullbookcase
Ben Klemens finds fault with the Federal Circuit's departure from longstanding doctrine that has regarded mathematical formulas as "abstract ideas" to be excluded from patentable subject matter. The central thesis of Klemens's book is that a claim to a programmed computer should be unpatentable whenever the program is the only innovative element, because every computer program is "nothing but a mathematical equation." Klemens, an economist by training, attempts to support this characterization by loosely paraphrasing a classical result in theoretical computer science, the Church-Turing Thesis, and stating -- without proof -- sweeping and conclusory propositions that supposedly follow as corollaries from Alonzo Church's and Alan Turing's intricate mathematical theories of recursive functions. The ultimate effect, if not the purpose, of Klemens's uninformed appeal to deep theory is to dazzle the "non-geeks" rather than to prove any point. The Church-Turing Thesis actually applies to relatively few software-related inventions and does not actually speak to Klemens's proposed doctrinal reforms.
7 of 10 people found the following review helpful.
a book you can use...
By Zoe Konovalov
Klemens has a knack for bringing humour and spirit to a subject most people might be inclined to regard as dull (i.e., software patent policy) - as well as explaining why addressing that subject is crucial. His background as a trained economist and practicing computer programmer gives him inside understanding of both the theoretical policy debate as well as its practical impact on the work of coding. The book is an invaluable resource - and you'll love the banana protective device diagram.
2 of 3 people found the following review helpful.
Extremely informative, if a little inaccurate
By David.et.Sara Pritchard
I am a computer scientist and mathematician who decided to read this book based solely on the title. I really enjoyed it and learned a lot, but in some cases the book was dated and I learned from googling around to see the current state of affairs.
The good stuff: explaining the initial history of patent law for software in a clear and interesting way. Talking about the distinctions between patents, copyright, and DMCA rights. Giving accurate indications of how software is generated collaboratively and how it evolves. Talking about what sort of transformations to code are trivial (changing languages, renaming, reordering). Continuing a pretty good distinction between interface and implementation and framing most of the legality around that.
The bad stuff: reducing all algorithms to math. As indicated in the title, the starting reasoning is that programs = math, and math can't be patented. But the = is a misleading over-simplification, in the sense that real devices are constantly interacting with users and hardware. Even comparing a Turing machine to a simple RAM device with no IO, there's a huge practical difference in running time between using a tape and using random access memory... and patents are mostly about practicality. Also, FPGAs seemed to be described inaccurately.
Badly hidden agenda: abolishing all software patents. In some places you may want to skip a paragraph or two of single-minded argumentation towards this goal.
Bottom line: This book makes me appreciate more of the news on patents. If you know lots of math/programming theory but not the business side, I highly recommend this book.
PS: Ben always talks about "programmers in the basement" of every company. Why do they all have to get basement offices? Who is working above-ground at Google?
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