Peter Cochrane's Hard Drive 1997
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Software copyright issues
Mankind's progress depends critically on each generation's ability to stand on the creative shoulders of those before. Throwing rocks at prey gave way to the spear, the bow and arrow, and ultimately guns. On the way we invented the lathe, milling machine and grinder to spin off even more inventions. The process of protection through patents came late in the day and generally served to promote, rather than stem, the inventive stream. And so the thermionic valve gave way to the transistor, integrated circuit and the vast array of technologies we enjoy today.

Intellectual property is also protected by copyright, which was originally concerned with authorship and prose. This ancient instrument has now moved into the world of software and is often an impediment to progress and the subject of confusion. It seems reasonable that a book should be protected against plagiarism, but software might be different. Here we have an interactive and creative space where elements can be mapped from one system or function to another. No one would consider making individual nuts and bolts any more - we just buy them by the box. Well, software is available in boxes, but with a copyright restriction. This usually means no copying or modification, and almost certainly no access to the source code.

The same is true of content. From music to video and animation, copyright serves to restrict rather than promote use, and worse, mostly stems invention. The old world was about producing a few things and selling them at high prices, the new is enabling the converse, selling very large numbers at very low prices.

It is about assembling readily available and networked components, adding new and original material, and rapidly advancing the art. Copyright is stemming this positive feedback that served the progress of hardware so well. In effect, software copyright often means having to make every nut, bolt and screw as if they could not be mass-produced.

Ideally, a new regime is needed, a fresh approach that is neither copyright or patents in the old sense. Something that can deal with a networked world where copying is so tempting and easy, and effective policing almost impossible. In the past, copyright made everyone criminals by default as they recorded radio and TV material off air. Now people are tempted by the sharing of games, applications and programs. Human software police and teams of lawyers are not the solution, but electronic agents and operating bombs might be. Attaching agents to software to flag intrusion, modification and use to the originator is simple in a networked world.

Ultimately, the solution may lie solely with the originators and users of code. Technology has reached a point where it can take care of itself, without human intervention. Our interests will be best served if we concentrate on encouraging the propagation and use of software to create increasingly rich content. Software and content could then beget more via positive feedback.

The old and outmoded quill pen copyright mentality will serve only to restrict the fundamental mechanisms of progress - standing on the shoulders of others. As my old university professor once observed: borrowing one man's results is plagiarism, but borrowing from 10 is research.

Peter Cochrane holds the Collier Chair for the Public Understanding of Science & Technology at the University of Bristol. His home page is:
http://cochrane.org.uk

? Copyright Telegraph Group Limited 2000.

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