2009/8/5 silky <michaelsli...@gmail.com>

>
> On Wed, Aug 5, 2009 at 12:22 PM, Owen Thomas<owen.paul.tho...@gmail.com>
> wrote:
>
> [...]
>
> > > But don't you think you should compete not on the basis of who thought
> > > of it first, but who can do it better?
> >
> > Wouldn't that be the same for any endeavour, and not just software? Where
> > then, would one draw the line at offering protection of ideas?
>
> No protection of ideas is what I'd like, software or otherwise.


So, without any encouragement, how do you expect ideas to be offered?

Sure, I've just watched an ABC midday report news clip on the patenting of
genes, and although I venture my unqualified opinion, I agree that shouldn't
be able to patent a particular gene sequence the occurs in nature.

But what if I have invested a long time, much experience, much deliberation,
and much energy to develop a concept to the point where it might otherwise
be patented just to say to others, "here is my idea, go for it!"?

I'm human, and would like a bit of respect that one very small human
individual might be able to expect from others.


>
>
> Recognition, sure, but not exclusivity.


I cannot stop you from having a better idea than me.


>
>
>
> > My patent is for a small concept, but one that I believe is corner stone
> to
> > the implementation of a very powerful system. My idea, while it might not
> in
> > fact, be the best, is surely mine. I should be able to exploit it unless
> > there is indeed something different that does the job better. Hence, I do
> > not believe that patents necessarily assert some nebulous catch-all. My
> > patent only protects a concept as mine in the hope that I can develop it
> and
> > claim some recognition and income from my efforts.
>
> Sure; but only if you can do it the best. For example imagine if I
> invented running. Then I claim that no-one else may run; I invented
> it, and am therefor the best at it. Seems a tad lame really, doesn't
> it?
>
> And, no offence, but people have invented far more complicated and
> inventive things than you or I have,


... says who? I waited for 3.5 years before I registered. I think it's a
very simple idea, but maybe I'm wrong...


> and what right do I have to
> declare myself as ingenious for coming up with a scheme for, say,
> deployment applications across a source control mechanism across
> multiple servers? [something I've worked on].


... did you invent something like Clique Space? Did you come register a
similar concept before 15 January 2008? Where's the proof?


> I am able to implement
> this idea and then sell it as a product [which I'm doing],


What's the product? Or are you only talking hypothetically? Give me a look
at it...


> but I don't
> feel that I should say to anyone 'No, you can't do that, I thought of
> it, back off'. I would be far happier to say 'Okay, I'll take a
> headstart, then you see what i'm up to and try and catch up'. Then if
> they take over, good for them, or if I'm ahead then I deserve it.


If you come up with something that does a better job than what my idea does,
then I should be philosophical about the outcome.

Clique Space is my idea, and therefore, it should be my prerogative to
develop it without the need to contemplate a nervous breakdown because
someone else is going to take it from me, and no guarantee that they're
going to acknowledge me even for having it. It's the notion that humans are
naturally gracious about their fellow individual achievements that I find
very hard to comprehend. So, I went for a patent. I couldn't help myself - I
had had the idea for three and a half years, and it looked like no one was
getting close.


> And to be honest, most people are so caught up in what they are doing
> that they won't try and copy you anyway. Not to say you should make
> everything public; but the real thing that is valuable is your
> *future* plans; how you will improve, not a given idea without
> implementation (IMHO).


That argument detracts from your point, not mine. You're arguing that people
wouldn't necessarily be peeved anyway... so what does it matter? I take out
a patent on something that other's couldn't give a stuff about, so good for
me.


> > It is my opinion that moral characters as should be held as being of
> > significant importance in the making of decisions that affect people's
> > lives. If what I have patented does effect people's lives, then the
> > decisions that I make on how it is used might have moral significance. If
> > there are no opportunities to make moral decisions, moral character is
> > redundant, and the individual might as well be stripped of their
> > individuality and be nothing more than a servile ganglion to a social
> order.
> > Un-patented ideas strip the individual of the opportunity to make a moral
> > decision.
>
> I don't quite follow your argument here.
>

Without a patent, I immediately loose the right to make an individual
decision as to how my concept might best be used so to benefit me. I argue
that this is also moral decision. Without a patent, I have two options; 1:
to throw out in a society where I have to contemplate how much energy I am
willing to expend to preserve an income keep myself ahead of the next person
who, although they have no better an idea than the one I came up with, have
access to contacts and organisations such that they can undermine me (with
little effort on their behalf) to skim off any advantage that would
otherwise be justified as mine through a patent, or 2: to keep the idea to
myself, with no guarantee that someone else will think of the idea.

Without a patent, I am rid of any individuality, any opportunity for
individual recognition, any opportunity for individual profit. Without a
patent, society has no way to encourage people who may (and I could indeed
have been one) have a truly good idea; an idea that would be lost to the
evolving circumstance of the human social condition.

Hence, without patents, I loose, and so might we all.

  Owen.

-- 
www.cliquespace.net
Clique Space(TM) Facebook Group:
http://www.facebook.com/group.php?gid=81335296379
Owen's Garden of Thought: http://owenpaulthomas.blogspot.com/

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