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

Re: abolishing patents? (got IP game?)

Author:David McCusker
Posted:9/22/2000; 8:02:19 AM
Topic:got IP game?
Msg #:21633 (In response to 21595)
Prev/Next:21632 / 21634

I'm a software patent abolitionist. I think software patents should be ditched. This is a feasible rule change under social consensus. So we should not assume a priori that they will be kept. Suggestions that we focus on changing how long patents last implicitly support the idea of software patents in general.

Folks have discussed patents in other forums, and the result is often similar. By discussing fine tuning of details in how software patents are administered, folks fail to focus on whether they are useful at all. I'd expect online discussions to be stuffed with folks who want to preserve patents on behalf of their companies. So these folks would prefer to consider only fine tuning patent administration.

It's a strategy I associate most with lawyers I have spoken to before, and reminds me a bit of Br'er Rabbit. One can get an opponent to swallow a basic idea by arguing over the fine details that require accepting the basic idea. (That is, if the opponent is having any.)

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