On 2010-11-19 12:17 PM, [email protected] wrote:
On Thu, Nov 18, 2010 at 06:05:56PM -0600, Marsh Ray wrote:
Note that none of this has anything whatsoever to do with "promoting the
progress of science and the useful arts".

But what's really sad is that this baloney has affected my ability to
sit down and write a computer program that basically does pure math and
give the resulting system away or use it to produce value.

1) I don't want to have to become a patent lawyer to be a programmer.
    (IANAPL)

2) Since IANAPL, reading a patent can only hurt me, since by reading
    it I could be found to willfully infringe, and none of my opinions
    about whether I'm not infringing count.  Or so I've heard.

3) This vaguely reminds me of a private sector implementation of key
    escrow and export control laws.
    "If cryptography is outlawed, on5dfjd($T#+$J$IURI#QUXuif;rEr3n#"

4) I wonder if the system could somehow be used against itself.

    The GPL has an interesting "viral" property; you play by its rules,
    you get to take advantage of the ecosystem.  Otherwise you can't.
    (legally, anyway - in practice nobody seems to sue over it)

    I wonder if you could do something similar with patents.

Something similar *is* done with patents:  GPLv3

esr however argues that this does not work.

Of course, the reason it does not work is that patents do not work. It is impossible to draw a line around an idea. One can easily argue that any patent covers anything, and that one can patent anything, including what other people have been doing for years, and with equal facility, one can argue that no patent covers anything, that some minute change escapes from patent coverage, or some detail of implementation requires an additional patent. The patent system has never worked. People have always patented trivial and well known techniques, and have had considerably more success in enforcing blatantly invalid patents then clearly valid patents - because judges, juries and the patent office are unlikely to comprehend valid patents.

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