Sprucing up open source's GPL foundation

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What if?

"The point is, whatever system we choose should maximise the acceleration of technology (in order to ensure the survival of the species)."

What if technology is the future threat? I can see plenty of scenerios where we create capabilities we then threaten ourselves with. I do not see hte threat argument as germain simply becuse there are too many scenerios where tech is bad, and too many others where lack of tech is bad.

The real issue here is an economic one. Is it better for society as a whole to endorse software patents to protect companies or individuals who develop new technologies from unfair coopting of said technologies, or is it better to open it all up to society. Which spurs innovation?

I think the answer is that both can hinder and both can help. The issue we deal with today is that the situation is too extreme. A patent can be held for so long in an ever changing environment that it stops innovation in an area. To do this does, as one poster pointed out, cause such a legal mine field that many worthy projects fail to get funding becuse the mine field is too expensive to traverse. On the other hand, if profit cannot be made from and innovation, we must ask ourselves what the point would be in developing it for most people/companies.

To me, the answer is reletively simple. Patents should be allowed. Prior art disputes would probably adequately derail most of the spurious patents. The following changes should be made, however. First, the length of software patents should be drastically reduced. 1 - 2 years should be more than adequate to exploit an idea and gain a head start in the market for an innovator. Second, tort reform is necessary to reduce legal expenses. As it stands today, an individual likely lacks the resources to either defend a patent they hold, or challenge one that is spurious in their opinion.

These two simple changes would move toward balacing the equassion and go a long way toward fueling the innovative process. It would reduce the number of mones in the mine field. It would force a patent holder to "use it or lose it." Yet it would still give ample time to expoit an original idea that a patent holder deserves for their brilliance and tennacity.

Posted by: Mack DaNife   Posted on: 12/28/04 You are currently: a Guest | Members login | Terms of Use

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