New HP AlphaServer the omega of the line

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One of the problems (in my book) of the existing patent and copyright systems is that owners need not offer the patented or copyrighted item to the public. One of the results of this is what HP is now doing to Alpha. Since they own the patents, no one else can make an Alpha processor without HP's consent; but HP, as the owner, can kill the technology, by refusing to either manufacture the processors themselves, or license the techology to others. Similarly, it is possible for software developers to supress a rival product simply by buying the developer of that product and removing it from the market. Furthermore, there are a large number of books, sheet music, movies and recordings which are out of print, yet remain under copyright (and thus difficult for the public to obtain at any price).

I have long been in favor of a "use it or lose it" rule on patents and copyrights. It goes something like this: If the owner of a patent refuses to use the patent themselves or license it to others for 2 consecutive years, it reverts to the public domain; likewise if a copyrighted work is "out of print" for a minimum period of time (maybe 2-5 years), it too reverts to the public domain.

Under such a regime, once HP stopped using the Alpha technology themselves, or licensing it to others, anyone who wanted to could do so in their stead. It thus would become legally impossible to kill a technology that people are willing to use and develop, thus promoting the progress of science and useful arts as the patent system was intended to do.

Posted by: John L. Ries   Posted on: 10/17/03 You are currently: a Guest | Members login | Terms of Use

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