I agree with a lot of what you're saying, but I have to disagree with this:

On 9/23/05, Will Hill <[EMAIL PROTECTED]> wrote:
> The same way lawyers, doctors, engineers and just about everyone else earns a
> living.  They master a body of public knowledge and apply it skillfully.
> Would you trust a lawyer who would not let you see briefs submitted on your
> behalf?  A doctor who would not let anyone see his office or tell you what
> medicine you are taking?  What would you think of a doctor that discovered a
> new treatment and then kept it secret?  Most people are still outraged by
> behavior like that.

This is a weak, weak analogy.  If one person could go to a doctor, and
then tell all of their friends what treatment they had so that all
their friends could independently use said treatment without the aid
of a doctor, then you'd have something.  Same deal with a lawyer...if
I could get a lawyer to draw up a contract, and then all of my friends
could use that same contract without any further work forever and
always, then yeah...

But it's not that way.  There's liscensure for the doctors, and bar
exams for the lawyers.  Those groups of professionals have some form
of protection that says only they can do what they do...developers
have no such protection.  In many cases, once a product hits the
market, other people can take it and reuse it independently of any
interaction with a developer.  In fact, if the developer's done their
job well, then the code will be well generalized and consequently much
easier to reuse.  Software solutions are general...medical and legal
solutions are not.

So, developers and the people that manage and employ developers have
to take steps to ensure that their business is profitable...there are
lots of different business models, and I won't pretend that I know
which is better.  I love tech, not business.  I do think, though, to
be fair to the "intellectually retentive" in the tech-industry that if
you got rid of medical liscensure, hospitals and other institutions
would be pressured to go to similar lengths to protect their
technology.

I think that my ideas are my property, for as long as I can keep them
to myself.  If my ideas were to die with me, then they'd forever be my
ideas.  The trick is not to do away with intellectual property, but to
make sharing it more attractive.

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