The debate over whether software is appropriate subject matter for patent protection continues to rage, without any clear resolution in sight. The European Patent Convention attempts to draw this distinction by excluding software programs from patent protection unless they have a 'technical...

The ongoing debate over the applicability of the First Amendment to software focuses primarily on whether software is speech, a device, or a combination of both. According to the terms of this debate, if software is speech then the First Amendment fully protects it; however, if software is a...

A methodology is proposed for determining how particular areas of law should apply to software. The methodology asks and answers four questions: (1) "What is software?," (2) "How does software differ from other creative works?," (3) "How are such differences legally relevant?," and (4) "How...