Think of the people Senators.

We all have a simple duty today and that duty is to think of

the long-term future, the children of tomorrow, and will they benefit with the passage of this

legislation. That is the question. Which is why…

Senators, it’s for the following reasons I give you today I urge you to vote in the negation

of Senator Fogarty’s legislation for the following two reasons: one, copyright is insufficient, and

two, passing this legislaiton will take away rights to patent owners when infringment occurs.

Firstly, Senators, copyright is insufficient. According to James Cosgrove, a patent and

technology expert, in the early days of computer programming, there was neither a “hardware”

or a “software.” As all computer programs ran on machines dedicated solely to that one program.

This is expanded by Forbes, stating that without patents, companies have the given ability to use

ideas from another company without any reprocussions. Business Insider also expands on this

topic and states that copyright law protects words alone and not the broader idea or function

while patent law, protects both ideas and functions that copyright law is incapable of protecting.

The problem of limiting software to copyright protection, according to the University of

Chicago, is that any company software developer can simply tweak the code of a particular

program even in the smallest way possible while maintaining its core function will still run

innocent of copyright law. The softwares from computers and electornics is represents a function

rather than a method of expression, patent law is the only proper protection for it because it

allows softwares to be represented as a function, according to Allan Smith of Ohio University.

Senators, patents especially computer and electornics has a powerful and purposeful impact on

the society that we live in. It allows for creative thinking and reprents a function rather than the

plain method of expression that comes from copyright law. By taking away these patents we’re

allowing for the creation of similar products and those who copyright to run free.
 Secondly, Senators, passing this legislaiton will take away rights to patent owners when

infringment occurs. Under 35 United States Code §284, the patent owner may receive damages

for infringement that a competent authority determines as willful. This is expanded by the

Business Valuation Resources stating that, the economics represent a proposition where if the

court finds a competitor that has willfully infringed and that infringement created damages, then

the patent owner would be entitled to the damages from the competitor. Glencoe Law Street

Chapters 25-26 define patents as and I quote “prevents others from making or selling patented

invention protects things such as processes and machines” end quote. Where if we pass this

legislation and abolish all patents, we would be required to go by copyright law which only

protects expressions instead of ideas or functions. Senators, patent owners have rights and by

abolishing patents we are taking them away. Those rights allow the entreprneurs of the United

States to continue their innovation and creation without the fear that someone would steal their

product.

Senators, this is the country of innovation and by passing this legislaiton we will be

taking all of that away. We cannot allow that, which is why…

We must negate for the following two reasons: one, copyright is insufficient, and two,

passing this legislaiton will take away rights to patent owners when infringment occurs.