David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Masaryk University Journal of Law and Technology 5 (1):57-70 (2011)
Software patents are commonly criticised for being fuzzy, context-sensitive, and often granted for trivial inventions. More often than not, these shortcomings are said to be caused by the abstract nature of software - with little further analysis offered. Drawing on Plato’s Parmenides, this paper will argue (1) that the reason why software patents seem to be elusive is that patent law suggests to think about algorithms as paradigmatic examples and (2) that Plato’s distinction between two modes of predication and the role of competence in his account of knowledge are helpful not only for conceptualising knowledge of algorithms, but also for understanding the limits of software patent regimes.
|Keywords||software patents patent failure computer-implemented inventions algorithms reification Plato Bessen Meurer|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David M. Douglas (2011). The Social Disutility of Software Ownership. Science and Engineering Ethics 17 (3):485-502.
Nurbay Irmak (2012). Software is an Abstract Artifact. Grazer Philosophische Studien 86 (1):55-72.
R. Stephen Crespi (2000). An Analysis of Moral Issues Affecting Patenting Inventions in the Life Sciences: A European Perspective. Science and Engineering Ethics 6 (2):157-180.
Peter Suber (1988). What is Software? Journal of Speculative Philosophy 2 (2):89-119.
Jacek Spławiński (2005). Patents and Ethics: Is It Possible to Be Balanced? Science and Engineering Ethics 11 (1):71-74.
Sivaramjani Thambisetty & Kartik Kumaramangalam, Peer-Review and Patents: Why the Goose That Lays the Golden Egg is a Red Herring.
James Wilson (2007). GM Crops: Patently Wrong? [REVIEW] Journal of Agricultural and Environmental Ethics 20 (3):261-283.
Rohit Parikh (2002). Social Software. Synthese 132 (3):187 - 211.
Hans Radder (2004). Exploiting Abstract Possibilities: A Critique of the Concept and Practice of Product Patenting. [REVIEW] Journal of Agricultural and Environmental Ethics 17 (3):275-291.
Timothy R. Colburn (1999). Software, Abstraction, and Ontology. The Monist 82 (1):3-19.
Added to index2012-05-09
Total downloads20 ( #85,143 of 1,101,585 )
Recent downloads (6 months)5 ( #59,635 of 1,101,585 )
How can I increase my downloads?