I guess that my concern is that a warranted dislike for frivolous patents
has become a disconcerting religious fervor against patents, generally.
That's sad, because most don't seem to realize the benefit that they have
had on society -- or refuse to realize it.

Too many cast patents as being against 'freedom'.  Freedom of what?  No
freedom to research or build has been restricted -- only freedom to profit
for a time as payment for disclosure.  With a patent system, you retain the
freedom to enhance, give, share, and donate.  ***What you don't have is the
freedom to take.***  Since there is a tenant that you can't take what others
don't want to give, there is a movement underway to redefine what private
ownership means.  The latter is what all of the arguments seem to be about.

My point about the church was that the church wholeheartedly endorses
patents and garnering revenue from them.  One example was the solicitation
link.  Here are a few more examples:

//-----------------------

Title:     Multi-channel infrared cableless communication system 
Patent #:  4,959,828
Assignee:  Corporation of the President of the Church of Jesus Christ of
Latter-Day (Salt Lake City, UT) 

//-----------------------

Title:     Projection device and loop box
Patent #:  4,367,020
Assignee:  Corporation of the President of The Church of Jesus Christ of
Latter-Day (Salt Lake City, UT)

//--------------------

Title:     Mannequin 
Patent #:  3,973,840
Assignee:  Corporation of the President of The Church of Jesus Christ of
Latter-Day (Salt Lake City, UT)

//--------------------

The church also endorses revenue from patents through BYU.  In 2000, BYU was
in the top 10 revenue-garnering universities with regards to patents.  BYU
also ranked #1 in the number of inventions reported per $1M spent on
research.  Here is an interesting article (at archive.org):
(http://web.archive.org/web/20040626192929/http://deseretnews.com/dn/view/0,
1249,405019718,00.html)

Follow me on this one....   If patents are so bad, then why does the church,
endorse their acquisition, ownership, and use?  The President of the Corp of
the President of the Church... is the Prophet, btw...

My only conclusion is that patents must have some redeeming value.  Let's
find it.

Yes, some are misusing the patent system.  That does need to stop.  

However, let's not throw out an entire system just because some are misusing
it.  

Conferences?  I have been to several software developer, military, and
executive conferences.  In 2004, I was at the TTI Vanguard conference on
computer security.  I happened to get into a discussion with one of the
leads of the EFF (CEO?  His name slips my mind, but Seth Schoen was
speaking).  Anyway, the jist of the discussion was that his right to know
how government dollars are spent trumps the military's need for operational
secrecy.  Our dilemma was that while oversight is mandatory, secrecy is
vital.  We were on opposing sides -- can you guess which?

Anyway, the patent discussion has taken on a similar polarization.  We can't
operate (as humans) without a system of rules, but we shouldn't lock
everything away in 'vaults', either.  There needs to be a middle ground, but
we won't be able to reach it if we don't try to find it...

Steve


-----Original Message-----
From: Shane Hathaway [mailto:[EMAIL PROTECTED] 
Sent: Thursday, April 13, 2006 9:29 PM
To: [EMAIL PROTECTED]; LDS Open Source Software
Cc: 'Jay Askren'
Subject: Re: [Ldsoss] Dare I say it ... patents ...

Steven H. McCown wrote:
> I just found it interesting that with all the talk about how bad some
> perceive patents, that the church would find them palatable enough to
> solicit them.  From the page, it sounded like the church would keep them
and
> profit from them.  Someone once asked me to show them the church's
official
> position on patents.  Although some will no doubt argue to the contrary,
> that seemed like an official endorsement, to me.

The church is not and does not aspire to be an authority on patents. 
Does the patent office try to tell you what religion to join?  (No doubt 
there is some patent on how to form or join a religion.)

> Still, I don't like the full swing that some have made.  I've been told
that
> I don't have the 'moral right' to keep inventions for my own benefit and
> that they 'belong' to everyone.  I'm still puzzled as to why the majority
> gets to decide that for the individual.

Of course you have the right to profit from your own hard work--I cite 
D&C 130:19 as evidence.  However, the patent system is a poor way to 
protect software.  Copyrights are a much better match.

> In a recent interview
>
(http://www.forbes.com/2006/03/21/gnu-gplv3-linux-cz_dl_0321stallman2.html),
> Richard Stallman was asked, "Would it be ethical to steal lines of unfree
> code from companies like Microsoft and Oracle and use them to create a
> "free" version of that program?"
> 
> Here is his answer:   "It would not be unethical, but it would not really
> work, since if Oracle ever found out, it would be able to suppress the use
> of that free software. The reason for my conclusion is that making a
program
> proprietary is wrong. To liberate the code, if it is possible, would not
be
> theft, any more than freeing a slave is theft (which is what the slave
owner
> would surely call it)."

Stallman is using his own personal definition of ethics.  Few people 
agree with his definition.  He still makes good arguments, though.

> We seem to live in a world of ridiculous extremes . where are the 'happy
> mediums'?

Stallman is part of a vocal minority.  If you want a more balanced 
viewpoint, strike up conversations with co-workers, go to conferences, 
and make friends with software developers you respect.

Shane

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