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There's no way to value the contribution or potential contribution of a technology to society, nor the damage done by granting a monopoly. Not by an eminent sci
by cturner 15y ago
There's no way to value the contribution or potential contribution of a technology to society, nor the damage done by granting a monopoly. Not by an eminent scientist or humanist, and certainly not by a clark in a patent office.
You used the word repay - there's no way to be confident that a temporary monopoly will come within an order of magnitude of repayment.
Further we need to consider the destructive side-effects of these flawed attempts at compensation. Patents create an environment that stifles innovation: consider the threat of being taken down for inadvertently doing something that has a monopoly has granted on discourages both innovation and communication. Imagine applying for a patent, publishing, and only through that process discovering that you were infringing an existing patent! You need to pay lawyers lots to protect against that. And many inventors couldn't even be bothered with applying for a patent even if it were easy - many are inventing technologies because they have a problem to solve, not because they're aiming to create something thaqt will milk repayment from society.
The net beneficiaries of the patent system are business processes that are dedicated to playing that system.
Given the choice between something very complicated, expensive and unreliable (patent system), and something simple, free and also unreliable (the default - absence of patents), I opt for the latter.
- cheez 15y agoThat's all good but in the absence of patents, you'd have to resort to trade secrets. One of the biggest reasons for patents was the public disclosure. If they are trade secrets instead, the inventor does not get any legal defense once the secrets are reverse engineered. So I think it's a tough problem and society should err on the side of benefits for the inventor. Software patents should be limited to 1 year :)
- cturner 15y agoYou have to resort to trade secrets anyway. There's never going to be a legal system that is dynamic enough to move with the whims of a collaborative technology team. > So I think it's a tough problem and society should err on the > side of benefits for the inventor. I tried to explain above - supporting patents doesn't err on behalf of the inventor. It errs against them. Patents granted to non-inventors and used to hit inventors over the head with. There's a great book I recommend, "Against Intellectual Monopoly". It goes back to the original patent on the steam engine, and what a bad deal for innovation and innovators that was, and proceeds from there.
- cheez 15y agoAwesome, I'll definitely pick up that book.