Article View: gnu.misc.discuss
Article #73481Re: Ben Franklin on patents
From: Dick Dunn
Date: Mon, 26 Aug 1991 06:59
Date: Mon, 26 Aug 1991 06:59
44 lines
2923 bytes
2923 bytes
nazgul@alphalpha.com (Kee Hinckley) writes: >I'm a little suprised that I've seen noone suggest the obvious compromise >of shortening the length of the monopoly... but some of us have--you just took it wrong!:-) >...Thus the person with the idea >gets a headstart, but not a lockout of everyone else. The current length >is longer than the length many modern technologies are used before something >else replaces them. Something on the order of five years might make more >sense. I think even five years is way too much. We just can't afford to wait that long to absorb a "layer" of technology into what is accepted and generally used. My suggestion is for a period which is arguably too short, but it has some simplifying advantages which offset the short duration: I suggest that the monopoly extend from discovery until someone else figures it out--i.e., effectively zero duration. Consider: - If there is no legally-protected monopoly, we don't need the *&^%$@!!! USPTO and platoons of lawyers. This step alone would produce a stunning advance in the constitutionally-mandated goal of promoting the progress of science. - There's still copyright and trade-secret protection. - Although the legal duration of protection is zero, the effective duration is decidedly NONzero. If you "invent" something and use it in a product, you have it exclusively until someone clones it. This encourages you to move quickly and to keep innovating; you can't sit back and litigate. - The effective duration of your monopoly (see preceding) is pro- portional to its cleverness: The cleverer it is, the longer it will take other folks to clone it, and the more time you can use it to your advantage. Bogus "inventions" (like the xor cursor) have zero duration and get exactly the protection they deserve: none whatsoever. I have no illusions about this approach ever being accepted--for one, it's too damned simple; for another, it doesn't feed greedheads and lawyers (am I repeating myself?:-). But it still makes an interesting thought experi- ment. -- Dick Dunn rcd@raven.eklektix.com -or- raven!rcd ...Simpler is better.
Technical Details
Message-ID:
<1991Aug26.065945@eklektix.com>Path:
arc1-ca.pugleaf.net!gmdzi!unido!unidui!math.fu-berlin.de!ira.uka.de!yale.edu!qt.cs.utexas.edu!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!csn!raven!rcdReferences:
<1991Aug13.183216.19588@agate.berkeley.edu> <48185@netnews.upenn.edu> <1991Aug14.153229.18561@alphalpha.com>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,9434f7b17f215464 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-08-26 01:31:25 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!unidui!math.fu-berlin.de!ira.uka.de!yale.edu!qt.cs.utexas.edu!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!csn!raven!rcd From: rcd@raven.eklektix.com (Dick Dunn) Newsgroups: gnu.misc.discuss Subject: Re: Ben Franklin on patents Summary: zero is a useful number Message-ID: <1991Aug26.065945@eklektix.com> Date: 26 Aug 91 06:59:45 GMT References: <1991Aug13.183216.19588@agate.berkeley.edu> <48185@netnews.upenn.edu> <1991Aug14.153229.18561@alphalpha.com> Organization: eklektix Lines: 44