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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