Nicolai Rosen on Sat, 4 Mar 2000 16:38:48 -0500 (EST) |
Is it just me, or are these replies growing and growing. By my calculations should I reply and comment on what was said I could shut down the Internet in Eastern PA. On Sat, 4 Mar 2000 mjd-perl-pm@plover.com wrote: > > > That's not the way patents work though. If anything, they restrict > > innovation. Were we to do away w/ them, you wouldn't get fat corporations > > making money by preventing others from innovating. > > Yes, but there would also be a huge body of invention that would be > totally inaccessible to absolutely everyone because the inventors had > kept the discoveries secret. Everything patented before about 1983 is > in the public domain now, and if there weren't any patents, a lot of > that stuff wouldn't even exist. > > Let me give you a real example, taken from copyrights, instead of > patents. (As I understand it, you're making the same argument against > copyrights also.) I'm writing a book. I will get the exclusive > rights to publish and distribute that book for a really long time---at > least for my entire life, in fact, and certainly longer than the > twenty-five years permitted for a patent. > > Writing the book is going to take me about ten months of my life, > during which I'm not going to be able to hold a regular job because > I'll be working so hard on the book. If I didn't expect to be able to > make money from the book, I wouldn't be able to do that. I would have > to get a job instead. If I don't get an exclusive right to publish > the book, then anyone who wants to can come along and start selling > the same book, and they can collect the money instead of me and give > me nothing. If that is going to happen, I might not make enough money > to make it worthwhile to spend ten months of my life writing it. I > can tell you right now that without an exclusive copyright, I would be > looking for work instead of writing a book. > > The purpose of copyrights is to promote progress and authorship. > That's what they did in this case. If you abolish copyrights, you > won't get my book. So contrary to what you said above, that *is* the > way they work, at least in this one case. > > Here is another example. I do sometimes write things that I don't > plan to get paid for. I wrote up the notes for the string typing talk > that I gave, just for fun, without any intention of making a penny > from it. Let's suppose that I was going to write a book the same way, > just for fun. > > Now my book is written, and I want to have it published. Someone has > to pay the publisher, the compositor, the editor, the designer, and > the printer. Usually the way that works is that a publisher agrees to > pay for all those things in return for a share of the revenue from > selling copies of the book. Now suppose you are the publisher. You > pay for all those things, and publish the book, and it is a big > success and starts selling. Then another publisher starts printing > copies of the same book and selling them cheaper. They can do that, > because they were able to take advantage of all the editing and design > you did, for free. Now you cannot sell any books. You paid for all > the design and editing work, and you get nothing back. Then you go > out of business. > > Well, you don't want to go out of business, so chances are you simply > decline to publish my book in the first place. Now the other > publisher can't even rip it off, so nobody gets to read my book at > all, even though I starved for ten months in order to be able to write > it. Oh well, maybe if I get a big inheritance I will be able to pay > to have it published myself. > > Here's another example. Why my book is finished, I'm going to post it > on my web site so that anyone anywhere can read it for free. I have > an idea that that is not going to hurt sales of the book, and I think > I will get a benefit because more people will be visiting my site to > learn who I am. > > In a world without copyright, anyone would be able to take my book off > my web pages and put it up on their own web site and claim it as their > own work, and I would not be able to stop them. They would be able to > copy the book off my web site, change it around so that it said a lot > of things that were not true, and publish it, and I would not be able > to stop them. They would be able to print and bind it and sell it in > bookstores and keep the money, and I would not be able to stop them. > If I were afraid that this would happen, I would not be willing to > post it on my web site for people to read for free. Copyrights give > me the safety to do that. > > I've never held a patent, but I can believe that it's the same for > inventors as it is for writers. Who is going to spend years of their > life trying to invent something if they aren't going to be able to > make any money from it when they are done? The joy of creation is > wopnderful, but it's not if you don't have any food on the table. > > > So then as the person who had access to this information first, you have a > > head start. You shouldn't need patents, especially at the current rate of > > technological progress. > > What a nice idea. How has that worked out for you on all the things > you invented and declined to patent? Was your head start adequate? > Or did you just contribute them all to the public domain right away, > since you don't believe in intellectual property rights? It would be > much easier to take you seriously if you would post a list of the > patentable inventions you have contributed to the public domain in > this way. > > > That may be the intention, but that's not how things work in the real > > world. > > Oh, pardon me. I must make a note to get out more. > > I'm sure that my own experiences as an independent business owner and > professional software developer, are entirely irrelevant to the real > world. And I'm sure that my decision to write a book and hold a > copyright on it have nothing to do with the real world either. > > Sorry, I don't know what I was thinking. I guess that people only > have to earn a living in my funny little fantasy world. > > > Also, I think that if we're granting a right that isn't a natural > > right, then we need to take a serious look at why that right is being > > granted and whether or not it's justified. > > We grant statutory rights all the time. If you have a driver's > license, you hold a statutory right to drive a car; you have no > natural right at all to drive cars. The justification for > intellectual property is really clear: It encourages authorship and > invention by granting *temporary* licenses to authors and inventors. > > Except that apparently, in the `real world', such grants are > unnecessary. > > I will be the first to agree that there are plenty of things wrong > with the patent system, particularly in the area of software patents. > But I think the idea of patents and copyrights in general is basically > sound. > **Majordomo list services provided by PANIX <URL:http://www.panix.com>** > **To Unsubscribe, send "unsubscribe phl" to majordomo@lists.pm.org** > Nicolai Rosen nick@netaxs.com Earthstation/Netaxs **Majordomo list services provided by PANIX <URL:http://www.panix.com>** **To Unsubscribe, send "unsubscribe phl" to majordomo@lists.pm.org**
|
|