I couldn't agree more. I think, in fact, that a great deal of the current confusion and chaos surrounding software IP issues can be traced to exactly this important distinction.
"Piracy? That's stealing software." Well, no, not exactly, since no physical instance is stolen. Physical things can be stolen. There are analogies in the software world, but they're usually imperfect.
"Let's patent our software widgit!" Again, kind of misses the mark. I mean, would it make sense for me to say: "Sweet, I'm gonna patent my English essay!"?
Anyway, I could rant on about this. Just a round about way of saying I think you're right, murrayh, that the physical/virtual distinction is a critical one and that it gets overlooked, both here and generally.
Many companies use software/business model patents like Saddam used WMDs - as a way to threaten without actually deploying the skill or resources they don't have.
Unfortunately it's usually a bad business decision to fight the system head on so only the worst intimidators ever encounter resistance.
"Piracy? That's stealing software." Well, no, not exactly, since no physical instance is stolen. Physical things can be stolen. There are analogies in the software world, but they're usually imperfect.
"Let's patent our software widgit!" Again, kind of misses the mark. I mean, would it make sense for me to say: "Sweet, I'm gonna patent my English essay!"?
Anyway, I could rant on about this. Just a round about way of saying I think you're right, murrayh, that the physical/virtual distinction is a critical one and that it gets overlooked, both here and generally.