Reading ComprehensionDifficulty: Hard

PT157 S4 P4 Q24 Explanation

Patenting Software

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsAuthor OpinionLaw

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Passage

This passage was adapted from an article published

Because it is relatively easy and inexpensive to produce copycat computer programs, most people believe that some form of legal protection should be extended to creators of computer software. Without a legal deterrent to copycat programming, the resources expended by an individual or a company to develop an innovative software program could means of preventing this exploitation, some contend that patent protection is also needed to combat copycatting.

In essence, every piece of software is an encoding of one or more algorithms. An algorithm is simply defined as a series of steps to be followed in carrying out a task; to be usable in computer applications, an algorithm must be expressed in terms that can be processed by a computer. processes by which tasks are to be carried out by computers, should not be considered patentable.

Issuing patents for computer programs would extend protection to software developers beyond that afforded by copyright when there is really no compelling justification for doing so. Insofar as software programs constitute the expression of ideas in the form of specific texts (i.e., sequences of computer code), they fall more appropriately within the to existing copyright laws, and the financial incentive to develop innovative software could thereby be preserved.

What this question is testing

Author Opinion

Anticipate

The author thinks algorithms are like laws of nature -- generic principles, not inventions. That is probably one of the answers.

Goal

Find the author's view among the five choices.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
24.

On the basis of the passage, which one of the following is most likely to be a view

Answer choices

  1. Correct57% picked this

    An algorithm is analogous to a law of nature or a

    Why this is right

    This comports well with the author's thinking, since the author doesn't think that algorithms are the sort of thing that should be patentable, and her two previous examples of such a thing were laws of nature or logical axioms. In the 2nd half of the 2nd paragraph, the author is saying - in order to be patentable, it must be a genuine invention, not a law of nature or a logical axiom She gives an example that you couldn't patent the general natural principle of "harnessing wind to produce energy". Then she says - On similar grounds, algorithms should not be considered patenable. If she thinks algorithms are on similar grounds, they are similarly not patentable because they represent general principles, then she thinks they're analogous in some way.

    Skill tested: Author Opinion · how this choice captures the passage's function is the move to repeat next time.

  2. Wrong Viewpoint12% picked this

    The discovery of an algorithm that can be used in a software program usually requires

    We'd have a hard time supporting the specific language that genuine inventive effort is required in at least 51% of cases. Also, the author thinks of algorithms more like laws of nature / logical axioms (can't be patented) than like genuine inventive effort (can be patented). This answer is the point of view of proponents of patent protection for algorithms.

  3. Unsupported13% picked this

    Sequences of computer code should not be copyrightable unless they encode a

    This is a very harsh, limiting rule for what should / shouldn't be copyrightable. This author barely talks about copyrighting, other than to say it already provides pretty good protection and it covers unique expressions of encoded algorithms. She definitely never issued an extreme decree that "No code shall be copyrightable unless ____ !"

  4. Contradicted7% picked this

    Proponents of software patents underestimate the severity of the problem of

    The purpose of this passage is for the author to tamp down the concerns of these patent proponents. THEY are freaked out by the risk of copycat programming; they want to patent algorithms in order to thwart it. Our author is saying to them that they're overestimating the risk. The author thinks that adequate protection could be afforded "with only slight modification to existing copyright laws".

  5. Contradicted11% picked this

    The encoding of algorithms is not analogous to the composition of

    The author thinks these two things are analogous. Both writing a novel and writing code are copyrightable intellectual property. She refers to the encoding of algorithms in the final paragraph as, "the expression of ideas in the form of specific texts", which sounds pretty analogous to composing a literary work.

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