On Mon, 2012-06-18 at 21:31 -0700, Cédric Beust ♔ wrote:
[…]
> I certainly didn't hand wave it off, I presented evidence that the current
> system is certainly creating a healthy amount of innovation as well. If you
> want to prove your point, you need to build a case explaining why your
> ideas will not make these positive effects disappear as well.

I am not sure you have proven the connection between patents and
innovation.  I can prove that televisions cause heart attacks: this is
undeniably statistically provable – as long as you ignore hidden
variables. I believe that your evidence fails to show that patents cause
innovation since there is no direct cause and effect relationship and so
any correlation is a hidden variable at work.

There are cases where patents have been useful, though I have yet to
experience such a success with software separate from hardware, and
cases where patents have failed to support innovative ideas.  Both are
plainly there in the records of the courts for all to see. Moreover
there are failure cases where there is no documentation just personal
anecdotal evidence, and so no proof other than personal testimony.

I often rail against (software) patents. The original system was to
provide power to the monarch's friends – stitch up. OK, at least for a
while, the system did get turned into one to enable small guy
innovation. Now though it is a Big Guy game, where the small guy has no
useful role. Patent as tool for scuppering competition is very different
form patent as tool for enabling exploitation of innovation. The patent
system no longer really has any focus on lone inventor. That was a
property of the system in the 17th, 18th and 19th centuries. Since the
20th century the system has just become a business tool for big
business.

> It's not as simple as it looks, and it's sad that the anti-patent
> discussion has turned into more of a circle jerk than a discussion based on
> civilized discourse.

I think this is discourteous, to say the least.

-- 
Russel.
=============================================================================
Dr Russel Winder      t: +44 20 7585 2200   voip: sip:[email protected]
41 Buckmaster Road    m: +44 7770 465 077   xmpp: [email protected]
London SW11 1EN, UK   w: www.russel.org.uk  skype: russel_winder

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