Governments shouldn’t have to do this. It’s obvious that software is obvious and subject to copyright. Software has to be obvious or stupid computes wouldn’t be able to figure out what has to be done. Software is obvious like telephone books and recipes are obvious. They are not innovative in that they are just a sequence of data and instructions with myriad combinations. Software is subject to copyright. That’s the right way to protect the developer’s ideas.
There’s a reason we have copyright and patent law. They are two distinct and protectable realms. People who spend years creating a work should have a monopoly on its use for some years. That’s reasonable and promotes such valuable contributions to humankind. People who find a way to make a better mouse-trap should also be rewarded. The world needs better mouse-traps and few have the ability or interest to create them. Software is not a mouse-trap, however. The computer is the mouse-trap. Software is information like speech or writing. It can take seconds to create or years depending on the size of it but it is not protectable by patents.
New Zealand finally figured this out and banned software patents. What about the rest of us?
“The patents system doesnâ€™t work for software because it is almost impossible for genuine technology companies to create new software without breaching some of the hundreds of thousands of software patents that exist, often for very obvious work”