I can claim "the prohibition stopped alcohol being consumed", and I would be
right
On the other hand, a counter-claim that "no it didn't, there were
speakeasies" is not correct

Why?  Because the response does not address the original statement.
It's actually a counter to the claim that "the prohibition stopped ALL
alcohol being consumed"

Likewise, I don't believe anyone in this thread honestly believes that
"software patents stop ALL innovation", only that "software patents stop
innovation"


The burden of proof is on therefore believers in patents, to demonstrate
that there wouldn't be more innovation without them.
There's no need for opponents to prove that patents are stopping all
innovation, because that was never the original claim.


2010/9/14 Cédric Beust ♔ <[email protected]>

>
>
> On Mon, Sep 13, 2010 at 5:20 PM, Kevin Wright <[email protected]>wrote:
>
>> I think the problem is that the premise "law X can't be harming activity
>> Y, because activity Y still continues" is fundamentally flawed.
>>
>
> Not if it's in response to the claim that "law X is preventing Y from
> happening".
>
> Y *is* happening, so the premise that X is preventing it from happening is
> obviously incorrect.
>
> --
> Cédric
>
>
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-- 
Kevin Wright

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