Re: Article: IBM wants to "clean up the license" of Linux
David Feuer (feuer@his.com)
Mon, 21 Dec 1998 00:52:58 -0500
Dave Cinege wrote:
>
> Bob McElrath wrote:
> >
> > You guys forget that one of the main reasons for inventing patents in the
> > first place is to protect someone who dumps a lot of money into developing
> > something. If the "something" they sell based on that is easily reverse
> > engineered and copied, then the reverse engineers have the upper hand, and
> > always will.
>
> This is one form of the long standing statist ideal that 'we must protect the
> large companies for the common good.'
>
> The two main errors of this are:
>
> #1 It gives an advantage to the entity over the individual.
> (legal person vs natural person)
>
> #2 It defies the will of the free market.
>
> The reason technology has advanced is not because companies went forth blindly.
> There was a market, and R&D was performed to invent product to fill that
> market. A patent on the end result reduces RISK on the companies (shareholders)
> INVESTMENT. The patent itself does not create the market or guarantee profit.
> It does however limit competition for those with the RESOURCES to use the
> courts in welding the patent, both inside the patent's scope, AND OUTSIDE of
> it.
>
> Free market breeds innovation. Competition enhances consumer buying power and
> further refinement. A government mandated monopoly (like a patent) works
> against both of these.
>
> --
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>
> At 19981216.11:59 Zulu, Mach 1 was broken with a 1.0080162GHz Dual CPU machine.
> I'm the Degenerate Overclocker that did it. http://www.psychosis.com/doa/
>
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What about the many people who are great at coming up with ideas
(inventing) but are incapable or unwilling to manufacture the devices
they invent? Without patents, if someone came up with an idea for a
device, the only way he could make _any_ money off of it would be for
him or his company to find a way to manufacture it. If he attempted to
sell the idea to a production company, the company would listen to the
idea, reject his offer, and build his device without permission. This
is bad. Of course, what happens now is also bad..... I say: shorten
patent life; get rid of software patents; get rid of patents on ideas
(other than specific devices+specific methods).
--
David Feuer
feuer@his.com
dfeuer@binx.mbhs.edu
Open Source: Think locally; act globally.
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