[Patents] public interest and appropriation instinct

[PILCH Hartmut phm@a2e.de]

On Tue, 26 Dec 2000, Gregory Aharonian reiterated:

> >>And patents restrict freedom.
> 
> >One reason a few people here keep expressing uneasiness with this
> >argumentation may be that it is so simple and clear.
> 
> And meaningless.  Software patents restrict the freedom of
> software engineers no more or less than patents in other fields
> restrict the freedom of engineers in those fields. 

So patents do restrict freedom.
That is all Bernard needed to say here, and you apparently agree.
The rest is irrelevant.

> [...]
 
> Nothing beign stated here is rigorous enough to differentiate the
> patentability of software from any other form of technology -

Nothing being stated in penal lawcourts is rigorous enough to
differentiate the punishability of theft from that of robbery,
or that of murder from that of more or less accidental killing.
So let introduce one uniform punishment for everybody!

On the contrary, in the case of software patents we have a rigorous
differentiating guideline under

        http://swpat.ffii.org/stidi/eurili/

which we could at least give a try.

> [...]
 
> All of the arguments here then against software patents are equally
> applicable to all other fields of technology, making these arguments
> against the patent system as a whole.  That is an interesting argument
> to make, which none of you have the guts to make, instead hiding
> behind the banner of anti-software patenting.  

Abolishing the penal system as a whole would be an interesting argument to
make, which a lot of people apparently don't have the guts to make,
instead hiding behind the banner of opposing the death penalty or the
like.

> And frankly, I think many of you don't even like copyrights as well,
> which also restrict freedom as well.  Heck, why not take it all the
> way and argue against all forms of private property?  Oh yes, they
> tried that in Europe, and it failed miserably.  I guess we Americans
> get to watch you guys do it all over again.  Pass the buttered
> popcorn.

Europe just got over one ideology, which consisted of pushing one property
model by analogy into fields in which it doesn't work.  America is trying
the next one on the list, and in Europe we still have chances of avoiding
it.

-phm