flow chart for a law [was: Re(2): [Patents] newsscan: Software patent limits 'go too far']

["Sylvain Perchaud" <sylvain@europe-shareware.org>(via Sylvain Perchaud <sylvain@europe-shareware.org>)]

Le mercredi 22 octobre 2003, à 19:06, Jean-Baptiste Soufron a écrit:

>Plus, it does not look like everybody agrees. There are also questions
>raised by people afraid if there is no software patents. For example,
>why is it better to let them software be free when people who live from
>patented softwares could lose their jobs? Even on this small list,
>everybody does not agree. Consensus could only come of discussions and
>talks. That's why it's so important to let the judges do their job and
>interpret law so a consensus can appear step by step.

As an economist, my view of a flow chart for a new law is :

1. interested parties ask for a new law


2. economists study the consequences of the proposed reform

=> if the costs induced by the law are higher than the expected benefits,
then the process stops. We've to abandon the law.

=> if the law creates more wealth for the society, then the process can
continue.


3. jurists, interested parties and politicians can debate about ethics,
who will benefit the most of the new wealth created etc...
Then the new law can be drafted.



IMHO software patents have not successfully passed step 2. So, debates
about ethics, law, etc, are not usefull.



--
Sylvain Perchaud
Tel : +33 (0) 674 758 551
http://www.europe-shareware.org