On Jul 16, 2009, at 2:01 PM, t.piwowar wrote:

On Jul 16, 2009, at 1:36 PM, Matthew Taylor wrote:
By your logic if I invent a widget or widgets and process by which they are used that grants a new or vastly improved capability and there by gain a monopoly I am abusing a commons - a commons that did not exist until I invented it.

Not "by my logic." What I stated is the way it is viewed by economists.

Demonstrate please. Certainly your wikipedia link does not define commons as such.


A patent is exactly a limited grant of monopoly rights.

No - it is a limited protection for specific intellectual property. I can have a patent for a specific type of flying toy, but not protection for all toys that fly - and the latter is the market - those buyers and sellers concerned with flying toys.

It is a deal made between society and inventors so that the society may benefit from the work of inventors. Each contributes something of value so that a deal may be struck. In the end the patent expires and the inventor must return their exclusive part of the market to the Commons.

No - in the end others can make use of the inventor's invention after the agreed upon exclusive period is over. Other folks still don't get to sell Widget brand thingamabobs - they can just sell thingamabobs under their own brand that are copies.

For those that claim that the market is not a thing, your example is a great counter-example. If the market were not a thing then how could it be given away in a patent-grant transaction?

The market is not given away - the patent holder has exclusive rights to offer a specific thing into the market.


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