Re: [Patents] Washington Times: Internet Patents Divide Industry

[David GLAUDE <dglaudemailing@gmx.net>]

Hartmut Pilch wrote:

> > > > You own the patent not the idea. The problem is that immaterial property
> > > > carry the idea that you own "the idea", not "an exclusive right on the
> > > > idea".
> > >
> > > You own the right to exclude others from something, e.g. from the use of
> > > an idea or the use of a piece of land.
> >
> > Note the difference between "exclusive right" meaning "the right to exclude"
> > and "exclusive right" meaning a particular right "exclusively for the
> > author."
>
> I don't see a difference.
>
> It can only be exclusively for the author if it includes a right for him
> to enforce exclusion of others.
>
> If there was a difference, that would mean that "exclusive right" is
> an ambiguous word probably "exclusion right" is to be preferred.

I don't know if it solve the problem... (actually I don't know what we 
talk about) ;-)

Copyright:
The author is having a moral right. That moral right is "exclusively for 
the author" and can not be given to anybody else.
The author has "the right to exclude" anybody but people he choose to 
distribute copies of his art. But that right is not "exclusively for the 
author" because he can sell that right to a specific editor.

Patent:
As for patent, the inventor have no moral right on the invention and he 
can not deny someone to have a licence to the use of that invention. 
Actually if he never industrialise that invention he could be in danger. 
He must feed the market with his invention or permit other to do it for 
him at a negotiated price.

IANAL

David GLAUDE

PS: I take 2 weeks of vacations...

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