Re: [Patents] That Article

[Jonas Maebe <jonas.maebe@ugent.be>]

On 3 dec 2004, at 07:00, Gregory Aharonian wrote:

> Copyright fundamentally does not protection functionality.  Software is
> fundamentally functionality.

Actually, software is fundamentally a description of functionality. And 
copyright does protect quite a bit more than literal copying, as EICTA 
is discovering today: http://kwiki.ffii.org/Eicta041202En

Copyright indeed does not cover entirely independently created 
descriptions of the same functionality. However, before you start 
forbidding such independent works, you have be very sure that the 
market is going completely haywire due to the lack of availability of 
such protections. After all, you're introducing broad monopolies, 
something which you normally try to prevent at all costs.

As Reinier Bakels explains in his 10 myths 
(http://kwiki.ffii.org/BakelsMyths0405En):

---
10. "Imitation must be avoided at all costs"

 A well-known paradox for beginning law and economy students. In 
reality, competition and innovation benefit from a sound level of 
imitation. Hence, governments should offer a balanced package of legal 
protection means for creative achievements, and avoid excessive patent 
protection.
---


Jonas