[clug] Re: A most interesting read, most interesting
Peter Anderson
peter.anderson at internode.on.net
Fri Dec 29 12:52:42 GMT 2006
This is (generally) a most interesting debate. However, I find Sam
Couter's views about the ownership of individual (and corporate)
creativity to be quite unusual. Over my working life I have been a
design engineer, a Patent Examiner (not for very long) and a software
programmer (and a senior public servant, but we won't dwell on that). As
a former engineer and programmer and as a current web site designer
(admittedly for non-profit organisations) I would be very offended if
somebody claimed that my hard work and innovation was for nothing and
that the rest of the world has unfettered rights to that work and
innovation. In the case of a corporation (public or private), it spends
a great deal of its shareholders funds on developing
ideas/products/etc.; surely the corporation has the ownership of these
ideas and products.
Now from my recollections as a Patent Examiner, its Sam's views that ARE
NOT CORRECT. The 'contract' or 'right' entered into between the inventor
of an idea and the State is for the State to provide a period of
protection for that idea (invention) so that the developer/inventor can
reap some reward for his efforts. In return the developer/inventor must
make all details of his idea/invention public. The trade-off is that the
developer/inventor gets a period of protection for the specific idea and
society benefits from its publication by allowing development of 'like'
ideas and inventions. This 'contract' between idea developer/inventor
and the State is based on an initial premise that the developer/inventor
actually owns the idea/invention, otherwise why is it necessary to form
the 'contract' (or grant the protection right).
One other small point, this debate is too interesting to allow it to
degenerate into name-calling and nastiness. Sam, perhaps you might like
to tone-down some of your criticisms just a little so the rest of us
don't have to look at your views through your 'red mist'.
Regards,
Peter
--
Peter Anderson
E: peter.anderson at internode.on.net
W: http://www.users.on.net/~peter.anderson/
<http://www.users.on.net/%7Epeter.anderson/>
P: +61 (0)2 4472 2274
M: +61 (0)418 249 648
There is nothing more difficult to take in hand, more perilous to
conduct, or more uncertain in its success, than to take the lead in the
introduction of a new order of things — Niccolo Machiavelli, /The
Prince/, ch. 6
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