[comp.misc] Reasoning by analogy

dsill@relay.nswc.navy.mil (Dave Sill) (08/11/89)

In article <661@laic.UUCP>, darin@nova (Darin Johnson) writes:
>In article <TALVOLA.89Aug9115451@janus.berkeley.edu> talvola@janus.berkeley.edu (Erik Talvola) writes:
>>I don't believe this is really an accurate analogy, and I would like
>>to supply one which I feel is closer to the situation.
>> :
>But blah blah blah...

How many more analogies will be posited, debated, and refined before
we come to grips with the real problem? 

Analogies are sometimes useful for explaining unfamiliar concepts in
terms of the familiar.  But by their very nature there exists a point
at which each analogy will break down.

The *real* problem is that we don't have a good system of software
publishing; i.e., one that protects the author's "intellectual
property" and the publisher's profits without stifling creativity or
burdening the consumer.

lee@uhccux.uhcc.hawaii.edu (Greg Lee) (08/12/89)

From article <73@ark1.nswc.navy.mil>, by dsill@relay.nswc.navy.mil (Dave Sill):
" 
" The *real* problem is that we don't have a good system of software
" publishing; i.e., one that protects the author's "intellectual
" property" and the publisher's profits without stifling creativity or
" burdening the consumer.

We used to have a good system, before the copyright law was changed to
protect binaries.  We ought to go back and require that only human
readable forms of programs can be protected by copyright directly, and
that binaries can be protected under copyright only as derivative works
from published sources.  Copyright should serve as an incentive for
making information public, as it has historically, not provide a reward
for keeping it secret.  (And referring to a firm that deals in
proprietary binaries as a "publisher" is a perversion of the term.)

			Greg, lee@uhccux.uhcc.hawaii.edu

cosell@bbn.com (Bernie Cosell) (08/14/89)

In article <4547@uhccux.uhcc.hawaii.edu> lee@uhccux.uhcc.hawaii.edu (Greg Lee) writes:
}From article <73@ark1.nswc.navy.mil>, by dsill@relay.nswc.navy.mil (Dave Sill):
}" 
}" The *real* problem is that we don't have a good system of software
}" publishing; i.e., one that protects the author's "intellectual
}" property" and the publisher's profits without stifling creativity or
}" burdening the consumer.
}
}We used to have a good system, before the copyright law was changed to
}protect binaries.  We ought to go back and require that only human
}readable forms of programs can be protected by copyright directly, and
}that binaries can be protected under copyright only as derivative works
}from published sources.  Copyright should serve as an incentive for
}making information public, as it has historically, not provide a reward
}for keeping it secret.  (And referring to a firm that deals in
}proprietary binaries as a "publisher" is a perversion of the term.)

I'm not sure I agree.  The question, as Dave sums up, is what you want
to protect and what you want to allow.  A key question to me is whether
we are best served by copyright-like or patent-like protections [This
is assuming that you basically agree with the two of them in their
normal venues... I don't want to get into a debate on whether patents
and/or copyrights are worthless *period*...].

The more I ponder computer systems, what they do, what are the key
characteristics of *good* ones, and the things you have to do to
actually MAKE a good one and get it to work, the more well-done
computer programs and innovative computer applications and techniques
look like *devices* than they do articles (or songs).  Why is an
innotative storage management technique, or a breakthrough application,
any different-in-kind than discovering a new shape for the slot on a
screw-head or devising a neat new mechanical-widget.

In most of these fields (as in computers), the really hard part is
knowing what is possible and worthwhile and what works.  Once you SEE
what it is that is worth doing, be you a machinist, chemist, or
computer programmer, it is generally not hard to reproduce it... but it
is still someone ELSEs idea...  And so, as I say: if *I* got to tweak
the laws about software, I would probably NOT make them be
copyright-like, but rather I would try to figure out how to make them
more patent-like.

   __
  /  )                              Bernie Cosell
 /--<  _  __  __   o _              BBN Sys & Tech, Cambridge, MA 02238
/___/_(<_/ (_/) )_(_(<_             cosell@bbn.com

lee@uhccux.uhcc.hawaii.edu (Greg Lee) (08/15/89)

From article <44223@bbn.COM>, by cosell@bbn.com (Bernie Cosell):
>...  And so, as I say: if *I* got to tweak
>the laws about software, I would probably NOT make them be
>copyright-like, but rather I would try to figure out how to make them
>more patent-like.

Patent protection seems more appropriate for many aspects of software
systems, as you say.  But why make a special case in the law for
software?  I suggested, as others have, that software should be judged
to have or not have copyright protection on the same basis as other
works of art or science.  Let it be the same for patents, or contracts,
or trade secrets -- whatever.
				Greg, lee@uhccux.uhcc.hawaii.edu