Re: The paradoxical nature of freedom (was Re: Do patents really foster innovation?)

From: Mike Lorrey (mlorrey@yahoo.com)
Date: Tue Mar 11 2003 - 10:59:11 MST

  • Next message: Michael M. Butler: "Re: more about the Lysistrata Project"

    --- Samantha Atkins <samantha@objectent.com> wrote:
    > Brett Paatsch wrote:
    > > Lee Daniel Crocker writes:
    > >
    > >
    > >>First of all, let's change the rules: the burden of proof is on
    > >>those who wish to support patents, not those who wish to
    > >>remove them, because freedom should always be the default.
    > >
    > > .
    > >
    > >>Patents reduce freedom.
    > >
    > > .
    >
    >
    > Let's say it differently then. Patents reduce the ability to
    > innovate and to extend previous innovations. This is seen
    > especially clearly in the case of software patents.

    Extending previous innovations with new innovations are not restricted
    by patent law, as anyone who has done patent research can attest. In
    any patent application the applier lists prior art that the innovator
    builds on with new innovations. Furthermore, because patents protect
    innovators abilities to recoupe and earn a profit on their investment,
    they stimulate innovation. Stifling patents stifles innovation and
    therefore slows the amplification of freedom that technology creates.

    Furthermore, it is a matter of investment security. Investors want to
    invest in tangible assets. A patent is tangible, while a business plan
    to invest in an unprotected innovation is not tangible. Guess what
    attracts the investment capital? The truly innovative get it while the
    mere copycat with a slick marketing plan has to scrounge.

    Yet there is more choice than that. An investor, given the choice of
    investing in an unprotected innovation (i.e. intangible) or other more
    tangible assets in the absence of patent laws, will always choose the
    more tangible assets, like real estate, proven businesses like
    franchise chains, and proven and solid technologies that have been
    around for a long time and make money without patent protections.

    Eliminating patent protections enhances market tendencies toward
    mercantilism and oligopolies.

    =====
    Mike Lorrey
    "Live Free or Die, Death is not the Worst of Evils."
                                                         - Gen. John Stark
    "Pacifists are Objectively Pro-Fascist." - George Orwell
    "Treason doth never Prosper. What is the Reason?
    For if it Prosper, none Dare call it Treason..." - Ovid

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