Before we run off and abolish patents, let's consider what they really
are.  I am not familiar with patent/copyright history in general, but
have studied the concept as defined in the US Constitution and by the
US' "founding fathers."  The idea is quite reasonable and probably
even radical today.  In return for your hard work and investment, the
government grants you protection for your idea (patents) or work of
art (copyright).  In order to get this protection, the existence of
your work must be made public (in the case of copyright, the work MUST
be published).  This protection is granted for a reasonable period of
time (used to be 20 years for copyrights, a very long time back in the
late 1700's).  Patent holders had to license their works, and
copyright holders had to make their works available to the public (for
a fee).  In return for granting this period of protection, said works
became public property (not government property) after the protected
period of time elapsed.

What we are dealing with now is something so perversely distorted from
the original intent of these laws.  I could rant about laws much less
than 200+ years old that were great ideas and turned into something
perverse and hideous, but not today.  For example, patent law clearly
states that naturally-occurring substances cannot be patented.  Why
are patents allowed on genes?  I can see the -process- for creating a
new gene being patented, but not the gene itself (even if it does not
occur in nature).  And "software patents" are antithetical to the
whole idea of what patents are supposed to cover.

So I don't support getting rid of patents or copyrights.  While many
of the laws (in the US, anyway) do clarify particular sections of the
Constitution, most merely pervert it.  I propose instead that a good
deal of the subsequent 'tinkering' with patent and copyright law be
repealed, and we get back to what is a really good idea.  You get
something from the government (protection for your work) and give back
something to "we the people" by giving up all rights after a
reasonable period of time.  And we stick to physical processes for
patents (i.e., you can't patent the light bulb, but you can patent the
process for making a particular type of bulb - and you must license it
at reasonable cost).  And the length of a copyright goes back to 20
years or less, no one should 'own' a work of art "for all time."

-- 
You received this message because you are subscribed to the Google Groups "The 
Java Posse" group.
To post to this group, send email to javapo...@googlegroups.com.
To unsubscribe from this group, send email to 
javaposse+unsubscr...@googlegroups.com.
For more options, visit this group at 
http://groups.google.com/group/javaposse?hl=en.

Reply via email to