Properly Protecting Code: Solving Copyright and Patent Rights Overlap via Computer Software Suitability in Copyright
Bibliographic record
Abstract
Over the past several decades an expansion of coverage has evolved in individual intellectual property rights, especially copyright and patent. This expansion has caused overlap to occur between rights, thus allowing for an inefficient intellectual property regime that permits overreaching protection, ultimately running counter to the bargain agreed to for each individual right. The overlap between copyright and patent has especially proven to be problematic when applied to computer software. A theoretical solution to this overlap is the exclusion of copyright protection to computer software, due to its unsuitability to be considered copyrightable material and the obtuseness when applying traditional “physical” copyright qualification to it. Despite the practical difficulties of implementing this expungement, it is crucial that options such as this be considered in order to better foster innovation, competition, and creativity in this technical area.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.020 | 0.098 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.006 | 0.031 |
| Scholarly communication | 0.011 | 0.031 |
| Open science | 0.002 | 0.015 |
| Research integrity | 0.006 | 0.006 |
| Insufficient payload (model declined to judge) | 0.010 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".