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Software's legal future.

Clark D Asay1

  • 1BYU Law School, Provo, UT, United States.

Frontiers in Research Metrics and Analytics
|September 5, 2022
PubMed
Summary

The software industry, historically shaped by scarcity and abundance, now faces a future where trade secrecy may dominate intellectual property. This shift is driven by the commercialization of open source and the rise of artificial intelligence (AI).

Area of Science:

  • Intellectual Property Law
  • Software Engineering
  • Artificial Intelligence Ethics

Background:

  • The software industry's evolution has been characterized by cycles of perceived scarcity and abundance, influencing intellectual property (IP) frameworks.
  • The free and open source software (FOSS) movement successfully leveraged IP to promote abundance, forming the bedrock of the modern software landscape.
  • Current trends indicate a shift towards commercialization and increased reliance on cloud-based services and artificial intelligence (AI).

Purpose of the Study:

  • To analyze the historical interplay of scarcity and abundance in shaping software intellectual property.
  • To examine the potential impact of commercialization, cloud computing, and AI on the future of software IP.
  • To evaluate the implications of a potential shift towards trade secrecy as a dominant IP strategy in the software and AI industries.
Keywords:
innovationintellectual propertypatents and copyright studiessoftwaretrade secrecy

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Main Methods:

  • Historical analysis of software industry trends and intellectual property legislation.
  • Examination of the principles and impact of the free and open source software movement.
  • Analysis of the role of cloud computing and artificial intelligence in contemporary software development and IP strategies.

Main Results:

  • The software industry's history demonstrates a recurring tension between scarcity and abundance, influencing IP protections.
  • The success of FOSS has led to widespread abundance, but its commercialization introduces scarcity mindsets.
  • Cloud computing and AI integration favor trade secrecy, potentially shifting away from open innovation models.

Conclusions:

  • The software industry is likely to see an increase in trade secrecy as the primary form of intellectual property protection.
  • This shift is driven by the commercial phase of open source software and the increasing integration of artificial intelligence.
  • Despite potential drawbacks, a move towards trade secrecy may be a preferable outcome compared to other IP models for the future software and AI industries.