Mercurial > thoughts
changeset 15:bffd7519431c
description of patents.
author | Robert McIntyre <rlm@mit.edu> |
---|---|
date | Mon, 01 Apr 2013 15:47:39 +0000 |
parents | e4ee3818a033 |
children | d5b95ca78266 |
files | org/patents.org |
diffstat | 1 files changed, 59 insertions(+), 2 deletions(-) [+] |
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1.1 --- a/org/patents.org Mon Apr 01 15:14:51 2013 +0000 1.2 +++ b/org/patents.org Mon Apr 01 15:47:39 2013 +0000 1.3 @@ -17,11 +17,68 @@ 1.4 work, reading your work, or creating derivitave works based on your 1.5 work. 1.6 1.7 - 1.8 + Thus, copyright is what I call a "negative force". It is something 1.9 + that you use to prevent the flow of information; it lets you remove 1.10 + the abilities of other people to use "your" information. 1.11 + 1.12 * GPL uses copyright as a positive force 1.13 1.14 -* Patents generally an inhibitive force. 1.15 + The genius of the GPL license is that it takes the negative force of 1.16 + copyright and turns it on its head. With the GPL, copyright can be 1.17 + used to enable freedom, and ensure peoples' rights to freely use 1.18 + your information. The GPL essentially reads: 1.19 1.20 + #+begin_quote 1.21 + This work is copyrighted, but by recieving this work you gain the 1.22 + rights to distribute, copy, and make derivitave works based on this 1.23 + work, but only if you also license such work under this license. 1.24 + #+end_quote 1.25 + 1.26 + The requirement for using the GPL in derivative works makes the GPL 1.27 + "infectious", which means the GPL will "contaminate" all derivative 1.28 + works with itself. This ensures that even after many many 1.29 + alterations, the modified work will still respect its users' 1.30 + freedoms the same as the original work. 1.31 + 1.32 +* Patents, like copyright, are normally a negative force 1.33 + 1.34 + Patents, unlike copyright, are something you must request from the 1.35 + government. You are only supposed to be able to get a patent for a 1.36 + "novel" idea, which is an idea that wouldn't be obvious to someone 1.37 + working in the relevant field. A patent can be for the plans to a 1.38 + physical object ("regular" patents), an algorithm (software patent), 1.39 + of a way of doing something (process patent). Once you have a 1.40 + patent, it gives you the ability to stop anyone else from using your 1.41 + idea in any other invention. This is supposed to give you a 1.42 + temporary monopoly to help you make money off your invention before 1.43 + anyone else would be legally allowed to do so. In practce, many 1.44 + patents are given for ideas that are quite obvious to pretty much 1.45 + everyone. For example, Amazon has a patent (#[[http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F5715399][5,715,399]]) on the idea 1.46 + of presenting a coustomer with the last four digits of a credit card 1.47 + instead of displaying the entire numbner. Amazon can sue any other 1.48 + company that displays only the last four digits of a credit card 1.49 + number and prevent them from using that method unless they pay 1.50 + Amazon a lot of money. Needless to say, there are many patents that 1.51 + are very silly. 1.52 + 1.53 + Now, I choose a particurally silly patent, but the point is that 1.54 + patents can be a great force for the retardation of progress. Many 1.55 + silly patents have been issued, and a patent lasts for 17 years. For 1.56 + almost any idea, there will be some patent that will cover your 1.57 + idea, and then the entity that owns that patent can prevent you from 1.58 + selling products based on that idea /or even giving products based 1.59 + on that idea away for free/. 1.60 + 1.61 + ** Patents are treated as physical objects 1.62 + They can be sold, seized, etc. This is because the government wants 1.63 + new inventions to actually be made available to the public. The idea 1.64 + here is that if you are an inventor and you obtain a patent on a 1.65 + cool invention, but are unable/unwilling to develop an commercial 1.66 + product, you can sell that patent to some company and give them the 1.67 + exclusive rights to make that invention. 1.68 + 1.69 + ** Patents are arranged in a dependency network 1.70 + 1.71 Patents are usually a negative force, one that allows you to stop 1.72 other entities from using knowledge to their own advantage. 1.73