OASIS Mailing List ArchivesView the OASIS mailing list archive below
or browse/search using MarkMail.


Help: OASIS Mailing Lists Help | MarkMail Help



   Re: [xml-dev] Re: Patents on XML software, file formats, schemas,vocabul

[ Lists Home | Date Index | Thread Index ]

IMHO, your link does not provide a justification for extending the 
copyright or patent law for a lifetime of humanity (100+ years or so).  

In fact, no justification I can find exists to deny, save but one, all of 
humanity, access to all of the developments that represent the evolution 
and advancement of humanity.  

People only live once, and patents particularly, deny living humanity 
the benefit of the inventions of their own society.  Further, patents 
inhibit continued competitive advancement of the society for the length of 
time that the "monopoly granted" within the issue of a patent persist. 

I believe humanity not the nation state (or its insider benefactors) is 
entitled to the fruits of the labor of all past and contemporary humanity.  
I believe that invention is a thing of society.  Most inventions are 
discoveries of the circumstances of the task, not the genius of the 
inventor.  Most other similarly educated persons in like place and 
circumstance, faced with the same need and motivation as the inventor, 
would have solved the problem the invention claims.  

The ditch digger does ditches, the inventor does inventions. Why should 
one be paid millions of times and the other but once?  Does the 
monopoly answer suggest economic and social discrimination? 

Further, education is not an invention of society, but rather, it is a 
reflector of the cumulative associations that make up our society.  The 
educated inventor is a product of his society.  Society is a product 
of its humanity.  Inventions are not properties of the inventors, or the "for 
hire" proprietor, but public property to which all of humanity has an 
immediate entitlement to claim and to use.  

The aristocrats who write the law have seen fit to capture "invented 
public property" by the method of encapsulation.  They have made the 
encapsulated product a private property and donated by rule of law, a 
public property to private use. Patents are a modernized mechanism of the 
feudal system.

This very list suggest that it takes many more than one, to create that 
which serves our society.  Which word, which sentence, which concept, 
which thought, developed on this list, on any other societal 
endeaver, belongs to the exclusive use of a private party?


On Thu, 20 Jul 2006, Richard Salz wrote:

> > Patents are monopolies.  They monopolize all of the knowledge, 
> informaton 
> > and technology in the same way that the feudal estates monopolized all 
> of 
> > the factors of production.   Patents recreate the feudal system. 
> The fundamental difference is that patents have limited lifetime, and have 
> generally (perhaps even universally?) been designed as a trade-off.  For 
> example, as one legal document puts it, the goal is "[t]o promote the 
> Progress of Science and useful Arts, by securing for limited Times to 
> Authors and Inventors the exclusive Right to their respective Writings and 
> Discoveries."
> You might find this link useful, although it's US-centric:
>   http://caselaw.lp.findlaw.com/data/constitution/article01/39.html#1
> Followups to /dev/null, as we used to say.
>         /r$
> --
> SOA Appliances
> Application Integration Middleware


News | XML in Industry | Calendar | XML Registry
Marketplace | Resources | MyXML.org | Sponsors | Privacy Statement

Copyright 2001 XML.org. This site is hosted by OASIS