Newsgroups: trial.misc.legal.software Path: utzoo!utgpu!watserv1!maytag!looking!brad From: brad@looking.on.ca (Brad Templeton) Subject: Re: Patents (was Re: Copyrights) Organization: Looking Glass Software Ltd. Date: Wed, 01 Aug 90 02:29:05 GMT Message-ID: <1990Aug01.022905.26807@looking.on.ca> References: <1990Jul27.014947.19528@hellgate.utah.edu> <>> <2096:Jul2900:53:4390@kramden.acf.nyu.edu> <9492@goofy.Apple.COM> I agree that there should be no difference between a truly devised algorithm and a mechanical device. They are the same. If a patent applies to one, then it should apply to the other. And while it is true that *one* of the reasons for patent law is to encourage disclosure, and that some could argue that society merely trades a temporary monopoly (and the possible profits) for disclosure and eventual release to the public domain, I don't think that's the whole story. Property ownership is a fundamental principle in our society, though some may disagree with it. Many, however, feel it is right that you own, control and profit from the creations of your own mind. Patent law exists not only to encourage disclosure of inventions, but because it's the right thing to do, under this ethic. If this were not the case there would be no reason to offer patent protection for ideas that are impossible to hide. One can invent a specially shaped tool but the moment you let it out the cat is out of the bag. It's impossible to sell it and hide it. In some rare small-market cases this can be done with trade secret contracts, but that's not always what happens. So I think patents, like copyrights, are granted not only for the utilitarian reason of encouraging dissemination of the idea or work, but for the propertarian ethic as well. Whether this *should* be the case is the subject of an ongoing debate all over the world. I am not sure we can settle it here. But if you *do* believe in property, then I argue that intellectual property is the truest form of property there can be. The relationship between myself and my real estate is a virtual one created by society and law. The relationship between myself and my software is a real one that exists outside of society. Society could crumble and my land would not be my land, but my thoughts would still be mine. I actually suspect things might be best served by a special kind of software/algorithm patent. This patent would be granted after examination by experts in the field, and might last for a shorter time than the current mechanical patent scheme. -- Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473