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

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

Le jeudi 23 octobre 2003, à 11:04, Jean-Baptiste Soufron a écrit:

>(C'était un message privé?)

plutôt une erreur de manipulation

>> 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.
>
>This is an utilitarianist point of view who can easily show its limits.

Of course. But in this case the reform intends to create wealth. That
needs to be proved.


>Plus, who could really tell what the
>economical consequences of the law can be as you can't even know what
>the interpretation in court will look like...

Economists have only to study what is the impact of software patents on
innovation (and current studies conclude that it is negative).

Courts can then rely on these studies to take their decisions.
Empirical evidence is already available thanks to the (bad) USA experience.


>> 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.
>
>Well, the legislative process is already going on.

Yes, and since economic studies have shown that software patents do not
create wealth, it has to be made clear what is patentable (invention
using forces of nature) and what is not.

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