Comment Re:I'm suspicious of patents on things made of ste (Score 1) 192
Two answers:
First, software exists outside the physical world. Every piece of software is an algorithm, and algorithms are pure math, and pure math, by very long-standing precedent, isn't patentable. Hence, the argument goes, software isn't patentable, because doing so is equivalent to patenting the pure math behind it.
Second, the real reason software shouldn't be patentable is because of all the policy reasons given in this discussion. They just cause more trouble than they're worth. The "software is math" argument is just the vehicle we're using to pursue our policy goals. That's not to say it's not a good legal argument -- it is -- but the reason we like to make this legal argument is because software patents are bad policy, and we think it will be easier to get courts to interpret the existing law to exclude software patents than it would be to get Congress to change the law to explicitly outlaw software patents.