The 
            Economics of Software and the Importance of Human Capital 
            By Richard R. Nelson and Paul M. Romer 
            Challenge  
            Although economists 
              have long appreciated the centrality of technical advance in the 
              process of economic growth, a complete understanding of the key 
              processes, investments, and actors that combine to produce it has 
              not come easily. Indeed, these processes are very complex and variegated. 
              Economists broadly understand that the advance of technology is 
              closely associated with advances in knowledge. It also is clear 
              that new knowledge must be embodied in practices, techniques, and 
              designs before it can affect an economic activity. Beyond this, 
              different economic analyses focus on or stress different things. 
            Some discussions 
              stress the "public good" aspects of technology, seeing 
              new technology as ultimately available to all users. Others treat 
              technology as largely a "private good," possessed by the 
              company or person that creates it. Many economists have studied 
              research and development as the key source of new technology. Those 
              that have focused on R&D done by private, for-profit business 
              firms naturally assumed that the technology created through corporate 
              R&D is, to some extent at least, a private good. By contrast, 
              economists who have stressed the "public good" aspects 
              of technology have focused on government investments in R&D, 
              "spillovers" from private R&D, or both. (These spillovers 
              are another manifestation of the divergence between the public and 
              private returns noted above.) Still others argue that a single-minded 
              emphasis on organized R&D as the source of technical advance 
              sees the sources too narrowly. They point to evidence that learning-by-doing 
              and learning-by-using are important parts of the processes whereby 
              new technologies are developed and refined. 
            Another matter 
              on which economists have been of different minds is whether technical 
              advance and economic growth fueled by technical advance can adequately 
              be captured in the mathematical models of economic equilibrium that 
              economists developed to describe a static world. Joseph Schumpeter 
              and economists proposing "evolutionary" theories of growth 
              have stressed that disequilibrium is an essential aspect of the 
              process. By contrast, recent theories that descend from neoclassical 
              models presume that the essential aspects of technical advance and 
              economic growth can be captured by extending the static equilibrium 
              models. 
            While we do 
              not want to underplay the important open questions about how economists 
              ought to understand technical advance, a workable consensus for 
              policy analysis seems to be emerging from these divergent perspectives. 
              Technology needs to be understood as a collection of many different 
              kinds of goods. These goods can have the attributes of public goods 
              and private goods in varying proportions. Some are financed primarily 
              by public support for R&D, others by private R&D. Both business 
              firms and universities are involved in various aspects of the process. 
              Other parts of technology are produced primarily through learning-by-doing 
              and learning-by-using, both of which can interact powerfully with 
              research and development. There are aspects of the process that 
              are quite well treated by equilibrium theories, with their emphasis 
              on foresight, stationariness, and restoring forces. Still other 
              aspects are better suited to the evolutionary models, with their 
              emphasis on unpredictability and the limits of rational calculation. 
            One way to summarize 
              this emerging view is to focus on three types of durable inputs 
              in production. We will take our imagery and language from the ongoing 
              digital revolution and refer to these three different types of inputs 
              as hardware, software, and wetware. Hardware includes all the nonhuman 
              objects used in production, both capital goods such as equipment 
              and structures and natural resources such as land and raw materials. 
              Wetware, the things that are stored in the "wet" computer 
              of the human brain, includes both the human capital that mainstream 
              economists have studied and the tacit knowledge that evolutionary 
              theorists, cognitive scientists, and philosophers have emphasized. 
              By contrast, software represents knowledge or information that can 
              be stored in a form that exists outside of the brain. Whether it 
              is text on paper, data on a computer disk, images on film, drawings 
              on a blueprint, music on tape, yen thoughts expressed in human speech, 
              software has the unique feature that it can be copied, communicated, 
              and reused. 
            The role of 
              software, hardware, and wetware can be discerned in a wide variety 
              of economic activities. Together they can produce new software, 
              as when a writer uses her skills, word processing software, and 
              a personal computer to write a book. They can produce new hardware, 
              for example, when an engineer uses special software and hardware 
              to produce the photographic mask that is used to lay down the lines 
              in a semiconductor chip. When an aircraft simulator and training 
              software are used to teach pilots new skills, they produce new wetware. 
            These three 
              types of inputs can be discerned in activities that are far removed 
              from digital computing. In the construction of the new city of Suzhou 
              in Mainland China, the government of Singapore says that its primary 
              responsibility is to supply the software needed to run the city. 
              The hardware is the physical infrastructure, roads, sewers, and 
              buildings, etc., that will be designed according to the software. 
              The wetware initially will be the minds of experts from Singapore, 
              but eventually will be supplied by Chinese officials who will be 
              trained in Singapore to staff the legal, administrative, and regulatory 
              bureaucracies. The software comprises all the routines and operating 
              procedures that have been developed in Singapore, examples of which 
              range from the procedures for designing a road, to those for ensuring 
              that police officers do not accept bribes, to instructions on how 
              to run an efficient taxi service. 
            Traditional 
              models of growth describe output as a function of physical capital, 
              human capital, and the catch-all category, "technology." 
              The alternative proposed here has the advantage of explicitly distinguishing 
              wetware (i.e., human capital) from software. This is an essential 
              first step in a careful analysis of the intangibles used in economic 
              activity. The next step is to identify the reasons why software 
              differs from both hardware and wetware. 
            Economists identify 
              two key attributes that distinguish different types of economic 
              goods: rivalry and excludability. A good is rival if it can be used 
              by only one user at a time. This awkward terminology stems from 
              the observation that two people will be rivals for such a good. 
              They cannot both use it at the same time. A piece of computer hardware 
              is a rival good. So, arguably, are the skills of an experienced 
              computer user. However, the bit string that encodes the operating-system 
              software for the computer is a nonrival good. Everyone can use it 
              at the same time because it can be copied indefinitely at essentially 
              zero cost. Nonrivalry is what makes software unique. 
            Although it 
              is physically possible for a nonrival good to be used by many people, 
              this does not mean that others are permitted to use it without the 
              consent of the owner. This is where excludability, the second property, 
              comes in. A good is said to be excludable if the owner has the power 
              to exclude others from using it. Hardware is excludable. To keep 
              others from using a piece of hardware, the owner need only maintain 
              physical possession of it. Our legal system supports each of us 
              in our efforts to do this. 
            It is more difficult 
              to make software excludable because possession of a piece of software 
              is not sufficient to keep others from using it. Someone may have 
              surreptitiously copied it. The feasible alternatives for establishing 
              some degree of control are to rely on intellectual property rights 
              established by the legal system or to keep the software, or at least 
              some crucial part of it, secret. 
            Our legal system 
              assigns intellectual property rights to some kinds of software but 
              not others. For example, basic mathematical formulas cannot be patented 
              or copyrighted. At least at the present time, there is no way for 
              the scientists who develop algorithms for solving linear programming 
              problems to get intellectual property rights on the mathematical 
              insight behind their creation. On the other hand, the code for a 
              computer program, the text of a novel, or the tune and lyrics of 
              a song are examples of software that is excludable, at least to 
              some degree. 
            The two-way 
              classification of goods according to excludability and rivalry creates 
              four idealized types of goods. Private goods and public goods are 
              the names given to two of these four types. Private goods are both 
              excludable and rival. Public goods are both nonexcludable and nonrival. 
              The mathematical principles used to solve linear programming problems 
              are public goods. Because they are software, they are nonrival; 
              it is physically possible to copy the algorithms out of a book. 
              Because the law lets anyone copy and use them, they are nonexcludable. 
            In addition 
              to private goods and public goods, there are two other types of 
              goods that have no generally accepted labels but are important for 
              policy analysis. The first are goods that are rival but not excludable. 
              The proverbial example is a common pasture. Only one person's livestock 
              can eat the grass in any square foot of pasture, so pastureland 
              is a rival good for purposes of grazing. If the legal and institutional 
              arrangements in force give everyone unlimited access to the pasture, 
              it is also a nonexcludable good. Frequent allusions to "the 
              tragedy of the commons" illustrate one of the basic results 
              of economic theory: Free choice in the presence of rival, nonexcludable 
              goods leads to waste and inefficiency. 
            The fourth category, 
              and one of central importance to the study of technical advance, 
              is of nonrival goods that are excludable, at least potentially. 
              We stress the term "potentially" here because society 
              often has a choice about the matter. It can establish and enforce 
              strong property rights, in which case market incentives induce the 
              production of such goods. Alternatively, it can deny such property 
              rights. Then if the goods are to be provided, support through government 
              funding, private collaborative effort, or philanthropy is needed. 
              Many of the most important issues of public policy regarding technical 
              advances are associated with this latter choice. For rivalrous goods, 
              establishing and enforcing strong property rights is generally a 
              good policy (although there are exceptional cases.) But for nonrivalrous 
              goods, the matter is much less clear. 
            By and large, 
              society has chosen to give property rights to the kind of software 
              commonly called "technology" and to deny property rights 
              but provide public support for the development of the software commonly 
              referred to as "science." Establishing property rights 
              on software enables the holder of those rights to restrict access 
              to a nonrival good. When such restriction is applied, for example, 
              by charging a license fee, some potential users for whom access 
              would be valuable but not worth the fee will choose to forego use, 
              even though the real cost of their using it is zero. So putting 
              a "price" on software imposes a social cost, positive-value 
              uses that are locked out, and in general the more valuable the software 
              is to large numbers of users, the higher will be the cost. To cite 
              just one example that influences the choices of working scientists, 
              there are experiments that could be carried out using PCR (polymerase 
              chain reaction) technology that would be done if the scientists 
              involved could use this technology at the cost of materials involved. 
              Some of these are not being done because the high price charged 
              by the current patent holder makes this research prohibitively expensive. 
            Note that this 
              is very different from what is entailed in establishing property 
              rights on rival goods. Only one user can make use of a rival good 
              at any one time. So property rights, or options to sell them, encourage 
              the rival good to be used by those to whom it is most valuable. 
            Our legal system 
              tries to take account of the ambiguous character of property rights 
              on software. We give patents for some discoveries, but they are 
              limited in scope and expire after a specific period of time. For 
              rival goods this would be a terrible policy. Imagine the consequences 
              if the titles to all pieces of land lapsed after seventeen years. 
              For some nonrival goods, such as works of literature or music, we 
              grant copyright protection that lasts much longer than patent protection. 
              This can be rationalized by the argument that costs from monopoly 
              control of these goods creates relatively little economic inefficiency. 
              For other goods, such as scientific discoveries and mathematical 
              formulas, the law gives no protection at all. This presumably reflects 
              a judgment that the cost of monopoly power over these goods is too 
              high and that we are better off relying on such nonmarket mechanisms 
              as philanthropic giving and government support to finance and motivate 
              the production of these types of software. 
            One important 
              distinction between different types of software is the difference 
              in the amount and variety of additional work that needs to be done 
              before that software makes an actual contribution that consumers 
              would be willing to pay for. Property rights on software that is 
              directly employed by final consumers can lead to high prices, consider 
              the high prices on some pharmaceuticals, and cut out use by some 
              parties who would value use, but will not or cannot pay the price. 
              For software such as this, however, that is close to final use, 
              it is possible for users to make reasonably well founded benefit-price 
              calculations. 
            It is quite 
              otherwise with software whose major use is to facilitate the development 
              of subsequent software. Any market for software, such as mathematical 
              algorithms and scientific discoveries far removed from the final 
              consumer, would risk being grossly inefficient. Over time, many 
              producers have to intervene, making improvements and refining the 
              basic idea, before such software can be finally embodied in a technique, 
              practice, or design that produces value and is sold to a final consumer. 
              Economic theory tells us that the presence of monopoly power at 
              many stages in this long and unpredictable chain of production can 
              be very bad for efficiency. 
            In the worst 
              case, property rights that are too strong could preempt the development 
              of entire areas of new software. In the computer software industry, 
              people capture this dilemma by asking the rhetorical question, "What 
              if someone had been able to patent the blinking cursor?" The 
              point applies equally well to many other important discoveries in 
              the history of the industry, the notion of a high-level language 
              and a compiler, the iterative loop, the conditional branch point, 
              or a spreadsheet-like display of columns and rows. Extremely strong 
              property rights on these kinds of software could have significantly 
              slowed innovation in computer software and kept many types of existing 
              applications from being developed. 
            In the production 
              of computer software, basic software concepts are not granted strong 
              property rights. Software applications, the kind of software sold 
              in shrink-wrapped boxes in computer stores, is protected. This suggests 
              a simple dichotomy between concepts and final applications that 
              mirrors the distinction noted in the beginning between the search 
              for basic concepts by a Niels Bohr and the search for practical 
              applications by a Thomas Edison. As the work of Pasteur would lead 
              us to expect, this dichotomy hides important ambiguities that arise 
              in practice. At the extremes, the distinction between concepts and 
              applications is clear, but in the middle ground there is no sharp 
              dividing line. Courts are forces to decide either that software 
              for overlapping windows or specific key sequences should be treated 
              as essential parts of an application that are entitled to patent 
              or copyright protections, or that they are basic concepts that are 
              not given legal protection. In the realm of software, there are 
              many shades of gray. The simple dichotomy nevertheless serves as 
              a useful framework for guiding the economic and policy analysis 
              of science and technology, for science is concerned with basic concepts, 
              and technology is ultimately all about applications. 
            This article 
              is excerpted from a longer article entitled Science, Economic Growth, 
              and Public Policy, which appears in the March-April 1996 issue of 
              Challenge. It is also part of a forthcoming book by the authors. 
              
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