Reading ComprehensionDifficulty: Hard

PT157 S4 P4 Q27 Explanation

Patenting Software

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

TopicsInferenceLaw

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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

Inference

Anticipate

Which of these five statements has the best support from the passage? Look for something the passage practically states outright.

Goal

Find the safest, most supported claim.

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

The question
27.

Which one of the following statements is most strongly supported by

Answer choices

  1. Correct38% picked this

    General scientific principles currently qualify for neither patent nor

    Why this is right

    The author talks about an example of something that wouldn't get patent protection at the end of the 2nd paragraph. He says although a windmill design could get patent protection. the underlying concept of being able to harness the wind for energy would not be a patentable thing. Why not? Because no one is inventing the idea that wind can be used for energy. That's just a general scientific principle. No one can patent the idea that "the sun's heat can be used to warm something up". What about copyright protection? Do we know whether general scientific principles get copyright protection? Here, we just have to use our common sense. Copyright is about intellectual property: stories, songs, movies, broadcasts. Do any of those things seem like general scientific principles? Could someone copyright the idea that wind can be harnessed to produce energy? No, not the principle. You could copyright a slogan, "Harness the Wind!" but not the underlying scientific principle.

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

  2. Contradicted20% picked this

    The value of patents lies primarily in their protection of the generic principles underlying

    Can we support that the #1 reason patents have value is that they protect generic principles? Not only is this language too strong for us to find available support text, it also goes against what we discuss in (A), for the correct answer. Patents would not protect some generic principle. That's why this author rejects the idea of patenting algorithms. She thinks they qualify as one of these generic principles.

  3. Unsupported15% picked this

    Items that qualify for patent protection usually also qualify for

    We wouldn't be able to say whether things that get patented can also get copyright protection at least 51% of the time. And there's so suggestion anywhere that the overlap is substantial.

  4. Contradicted22% picked this

    The algorithm underlying a copyrighted software application may not legally be used in a competing software application without

    The logic of this answer is that one company would have a copyright for a certain algorithm, so others aren't allowed to use that algorithm without that company's permission. But the passage never says that algorithms can be copyrighted. The passage discusses and rejects the possibility of letting algorithms be patented. But we have no support that for this idea that algorithms are protected by copyright. Only the unique expressions of code that accomplish an algorithm are copyrighted.

  5. Out of Scope4% picked this

    The majority of commercially available software applications contain at least some sequences of illegally

    The passage doesn't have any info that would help us prove that at least 51% of computer apps have some illegal code.

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