Archive of UserLand's first discussion group, started October 5, 1998.

Re: got IP game?

Author:Jim Lyon
Posted:9/21/2000; 2:03:40 PM
Topic:got IP game?
Msg #:21609 (In response to 21595)
Prev/Next:21608 / 21610

The concept of Intellectual Property is a relatively recent invention; it didn't exist in western thought as recently as 500 years ago. I think that a discussion of IP needs to start with why it was invented; I think that the U.S. Constitution says it best:

The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. (emphasis added)

I find myself in full agreement with the notion that the purpose of IP law ought to be to encourage creation (of writing, of invention, of software, ...)

So the question then becomes whether any particular facet of the law encourages more invention than it discourages, or vice versa. Like many who hang out in this forum, I tend to believe that today's law goes way too far -- the restrictions prevent more invention than they encourage.

I believe that we have arrived at this point because it's in the interests of the major holders of IP to get the rules rewritten to maximize the value that they derive from that IP, even if it reduces the value that society as a whole receives.

Perhaps your references to game theory describe the dynamics by which the law evolves. It would be nice if game theory could be used to discover effective strategies by which public-spirited citizens could prevent some of the more egregious IP power grabs that are occurring. It would be nice, but I doubt it.

I don't hold much hope because it's hard to even hold the conversation without bringing in loaded words like "piracy". (It's generally used in a fashion which is synonymous with "despicable copying", which at least makes the emotional loading obvious.)



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