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CompSoftPatentorCopyright 8 - 06 Oct 2011 - Main.JohnJeffcott
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Eben mentioned how computer software has been traditionally protected by copyright, instead of patents. That has me thinking, maybe patent protection is better than copyright (if we cannot achieve free computer software). | | | Finally, re, which is the "better solution." What is the problem? What are we solving with our solutions of copyright or patent or whatever else. How is the problem defined? I'd love to see some empirical data describing the scope of this problem. I would like to see any evidence at all that we need IP for what it's claimed it does, which as far as I can tell is "incentivize innovation," I guess? I'll even take anecdotes -- even just one -- of people who have started software businesses or invented software because they knew they'd have a patent or copyright. Because I can point you to all kinds of people who never expected IP to give them monopoly power (even if they did end up getting patents or copyrights because their university or funders made them) who still innovate, of products that are improved and make more money for their producers because of end-user innovation, of how all sorts of IP formulations end up hindering innovation and introducing inefficiency, etc.
-- BahradSokhansanj - 06 Oct 2011 | |
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First, the link Mia provided was fantastic. Second, and in response to the first overall point in this discussion, isn't 20 years too long already? In the world of rapidly evolving tech, only big, fundamental patents might reflect tech that is still useful 20 years after its invention.
More about how the above infographic helps demonstrate why patent protection is stifling rather than encouraging innovation: Consider the possibility that Insert Evil Company Here (IECH) has some tech out in the consumer sector that's massively profitable. They've got the production or whatnot down so well it's 99% profit. Consequence #1: Their R&D may be churning out wonderful new ideas that consumers would adore having in their homes, but they aren't as profitable, so they patent the idea and put it in a closet in case someone else tries to bring it to the market and undermine IECH's enormous market share. Realizing the potential of this strategy (allowing IECH to ride the gravy train of tech #1 for eons), Consequence #2: IECH begins using its massive profits to buy up patents, even at outrageous prices, from tech companies the world over to make sure its closet full of patents is even more well-stocked. The atmosphere is now ripe for innovators to get their pants sued off for anything that might compete with tech #1, all while IECH has no incentive to roll out anything innovative themselves until it displaces tech #1 in terms of profitability.
-- JohnJeffcott - 06 Oct 2011 | | | |
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