[gnu.misc.discuss] Capitalist Software Tools

news@helens.Stanford.EDU (news) (08/15/90)

gumby@Cygnus.COM writes: 

  How ironic if it turns out that Free Software is the capitalist tool
  of the 90's!

I'm sorry.  "The Capitalist Tool" is a registered slogan of Forbes
magazine.  Free Software will have to find another slogan.  Recant or
prepare to be sued.

brad@looking.on.ca (Brad Templeton) writes: 

  Some would use a strictly utilitarian system, saying that patents exist
  only to encourage disclosure by bribing the inventor with a temporary
  monopoly.   I think that is one reason for patents, but many also feel
  that there is something "right" about the inventor being rewarded.

One utilitarian here.  Patents dangle an economic carrot that serves
two purposes.  1) Encouraging disclosure.  2) Fostering innovation.

The intent is clearly stated in the U.S. Constitution: "The Congress
shall have power ..... To promote the progress of science and useful
arts, by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries."  Art
1.8.

In the software arena today, circumstances are substantially different
than when patent monopolies were introduced.

	1) The pace of innovation is high.  Even without patent
	protection, most of these "discoveries" would be made by
	someone else within a few years.

	2) The lifespans of technologies are decreasing.  17 years
	of protection represents a much larger part of the entire
	useful life of a software technology than has historically
	been true of mechanical	products.

	3) University researchers discover many algorithms, and
	patents are not their main motivation.

	4) Software can be a cottage industry.  Unlike manufacturing,
	it requires comparably few resources to produce a product.
	Thousands of software patents are like land mines making it
	very dangerous ground for a small company.

But given that monopolies are harmful to free competition, if software
patents are not necessary for fostering innovation, why have them?

brad@looking.on.ca (Brad Templeton) writes: 

  We draw upon several ethics for this.  The utilitarian is just one.
  But, as Yoda said, there is another.  It is based on the concept that
  ownership should derive from creation -- that you own the results of your
  labours.

Perhaps, but patents and UI copyrights not only protect against
someone "taking" your idea.  They also prevent someone else with the
same original idea from using it.  Even worse, they prevent someone
with a new discovery, which builds upon the first, from using it, even
if the new discovery is much more innovative and significant than the
first.  This stifles innovation.

One could apply Brad's ownership arguments to scientific or
mathematical discoveries, which often take years, or even decades, of
work.  Why shouldn't society allow such patents?  Ethically, because
granting the scientist ownership of the new idea would harm the rights
of others more than it enhances the rights of the scientist, not to
mention the "utilitarian" argument that it would destroy scientific
progress.

There's a continuum here.  The question is where to draw the line.
It's quite important, since laws and courts are very bad at drawing
antialiased lines, i.e. handling the "gray" region near the boundary.

Jim Helman
Department of Applied Physics			Durand 012
Stanford University				FAX: (415) 725-3377
(jim@KAOS.stanford.edu) 			Voice: (415) 723-9127