Re: [Patents] pooling patents, version 2

[Russell McOrmond <russell@flora.ca>]

On Fri, 3 Jan 2003, Rik van Riel wrote:

> It's a very special kind of property, though.  It is the only
> kind of "property" where the private property rights expire
> after a certain period of time and the long term ownership
> lies with all of mankind.

  You described this from the pro-property point of view, likely
unintentionally ;-)

  A suggested better way to describe the difference: so-called
"Intellectual property" is the only form of property that is not naturally
rivalrous, and thus needs government intervention to enact non-natural
rivalry.


  This is a non-natural act of creating a monopoly, where monopolies are
generally understood to harm the economy.  This public policy tool should
always be used in a minimalist (time and scope) and extremely cautious
manner (IE: burden of proof required for those wishing to create
monopoly).

  The current IP system is more like the lawlessness of North America's 
wild-west than anything resembling mature public policy.



  One important thing to remember it that patents and copyrights are
'owned' like insurance policies are owned.  If I take out life insurance
on a person, that doesn't mean I own the person.  All I own are the
privileges granted on that piece of paper.

  The same is the case with copyright and patents.  You don't own the
idea, the expression of the idea, or the method -- you just own the
privileges granted 'on that piece of paper' known as the copyright and/or
patent acts as they may apply to your work/invention.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 Any 'hardware assist' for communications, whether it be eye-glasses, 
 VCR's, or personal computers, must be under the control of the citizen 
 and not a third party.   -- http://www.flora.ca/russell/