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To toss a monkey wrench into the discussion,
"How did the situation arise? And where should we go from here? In Math You Can’t Use, Ben Klemens draws on his experience as both a programmer and an economist to tackle these critical issues. The answer to the first question, he explains, is simple: while patent laws are intended to apply to physical machines, software is something quite different. Software is not just another machine, and it is not Hamlet with numbers. It is a functional hybrid that can be duplicated at no cost, it is legible by computers in some forms and by humans in others, and it has a unique mathematical structure. All of these facts have to be taken into consideration in designing an appropriate intellectual property regime."
Some, it seems, would question the ethics in applying copyright to software in the same way it applies to works of art.
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