re: Oracle Appeals Google Verdict, Fights 'Software Exceptionalism'
While a clever argument, the simple truth is, software IS different from a Novel. To claim otherwise is to cut us off from incremental improvements. The claim serves to remove from our culture the value of competition.
To claim that improvement in a class of product can ONLY come from radically NEW ways of doing things is ludicrous. It means that improvements in efficiency can only come from the original owner of a product, who, if a product has any economic value, may not feel a need to make a product more efficient for it to sell well.
Under these rules, the first automobile tire manufacturer who put rubber treads on a tire would be able to stop another tire manufacturer from inventing and placing a new tread design into the market that might be safer or more fuel efficient.
And George Foreman would be able to stop another manufacturer from inventing a similar electric grill but with the advantage of a removable ridged grill plate that can be replaced with a flat grill plate for cooking eggs.
A Novel is different because the value of a JK rowling story lies not in the magic or in the words used, but in the very newness of the story itself. Look up the meaning of the word "Novel".
That is the logical extension of Oracle's claim. Clearly, tire tread design and grill plate design are intellectual property. Do we want a world where incremental improvement is illegal?