The Dangerous Trend Of Thinking That Ideas Can Be Owned, Sold Or Stolen
techdirt.com
techdirt.com
However, sometimes people do what I would consider stealing of ideas. For example, you and a friend start creating mockups and going through the interactions and then he decides to take that and go his own way. Then again, I guess the author would probably classify that as design and implementation rather than idea.
Truly, what is patentable should be very small. Discoveries, ideas and business models are not the implementation of an invention. Likewise, it must be an implementation. For example (since the History channel always seems to have stuff about this), if you come up with a way that a gun pushes the next bullet into the chamber and pulls back the hammer, fine. If you say, I want to patent a gun that automatically gets the gun ready for the next bullet, not fine. In the first, you've done a specific thing - there might be more than one way to do it and you've developed a specific fashion. In the second, you're just saying that it could be done through some method you haven't implemented anything.
I find this strongly depends. I agree with the article, but this sentence seems to generalize it a bit too much. As a developer, I'm bottlenecked by ideas, not by coding. And I don't mean "make a site kinda like eBay" ideas, but ideas like:
"How do I optimally distribute quality across a video frame to best approximate the human visual system?"
"How do I measure video quality in a manner that takes into account the human brain's dislike for certain types of artifacts?"
"How do I reorder the operations in this 2D frequency transform to avoid having to transpose the data?"
The answers to these are certainly "ideas"--but they're ideas that are far harder to come up with than their implementations. While "make a site like eBay" takes a few minutes to come up with and a few months of development to implement, something like the above might take an hour or even as little as 15 minutes to implement, but the ideas are few and far between.
Here's the anecdote for the third of the above:
Developer1: I found a way to make this frequency transform a whole lot faster, but I'm not allowed to say yet because my university won't let me.
Developer2: Wait, that can be done faster? I didn't think it could be done much faster. If it can, it must mean there's a faster way to...
30 minutes pass
Developer2: Here's a patch, it makes the transform 60% faster.
No speed advancement had been made in that extremely important and often-called function for over 6 months--and it took only about 30 minutes to make it that much better merely from knowledge of the fact that it could be done better.
http://www.cs.utexas.edu/users/moore/best-ideas/string-searc...
The details of Boyer-Moore seem obvious to me, in that you bump into them in trying to get it working, even if you don't foresee them. They are like workshop improvements. Did you manage to implement a version of it, as a kid? Or is this another instance of showing that actually doing it is what counts?
An idea itself is of little value. If it were, the really hard stuff, like math itself, would be patentable.
Binary search, among the very basic algorithms, is toward the other extreme. An incorrect version of the algorithm was published something like 20 years before a bug-free version was published.
Love this quote: Anyone who thinks they have a unique idea that they want to "own" and milk for money can do so-but first they have to track down and appropriately compensate all the people who made possible the compilers, algorithms, programming courses, books, hardware, and so forth that put them in a position to have their brainstorm.
The same concept applies to all other forms of "Intellectual Propery" - which, in my opinion, is why Intellectual Property is a contradiction in terms. There is no "property" in the intellectual realms, only a temporary exclusive licence in some cases (like some artistic creations and patentable inventions). To call it "property" is a misnomer with terrible consequences.
The result of this dangerous trend that the RIAA/MPAA and other content publishers have been pushing is that people now feel that because they've created something they have some ownership rights over it, and they feel hurt when someone "steals" it from them.
Actually, one of the greatest gifts of the universe is the fact that ideas are free and intangible, that they can spread with no resource cost, rapidly, until they are supplanted by better ideas. We should welcome this fantastic circumstance and make use of it instead of trying to arbitrarily make it look like physical property.
Well... yes and no. I absolutely love free software, and if I were really wealthy, would work on nothing else. However, the idea behind creating property where none really exists is this:
http://en.wikipedia.org/wiki/Public_good#Introducing_an_excl...
With the possibility being that, without any of the mechanisms mentioned, "intellectual property" kinds of things might be underprovisioned. I.e., why sink 5 years of research into a new widget design if you can't even recoup those research costs because someone else just copies your design.
That's the theory, anyway. In practice, it's a big, hairy, complex discussion that revolves around various compromises, and in terms of policy, in places like the US, it probably leans too far in favor of IP producers, or at least those with deep pockets.
IP should be done away with legally wherever possible. When in doubt eliminate it. Where it is absolutely necessary, when things just don't get done & no positive equilibrium forms, introduce it. Not as a 'right' any more then a government contract is a right. Just a rule of the game that allows medicine to be developed or technology to improve.
I can't possibly see how disappearing music IP would hurt society in aggregate. I dare say music would still be made. The dynamic of the industry would be completely different. Maybe there would be a 10% loss of revenue industry wide. maybe 25% or 50% or even 90%. That still probably leaves a bigger industry then sculpting or comic theatre. Music is very popular. It will not disappear tomorrow.
Even in medicine I think it is possible there would be some gains. After all, it's a huge market & will remain so. I'm not sure that public funding for research wouldn't be just as good as private patent-chasing funding it would need to replace. There is a lot of inefficiency in the system now anyway.
New antibiotics (probably the most important single class of medicine) are not profitable to develop. A patient take 1 course & then goes home. If you price them high, then doctors will prescribe a different antibiotic. But a new antibiotic will save lives as it will probably work in some end cases where existing ones don't. It's also a bit of insurance against future resistant strains. But the economy for developing antidepressants, cosmetics or some other long term treatment drugs with potentially fewer cheap substitutes is much stronger.
This is really pushing it. I don't know to analyse all the economic outcomes. But I know I see no strong moral reason for IP laws other then those that generate the most well being for society.
*In reality transitioning would be hugely difficult. I'm not saying throw it out & start from scratch. I'm saying reconsider.
A bit alarmist, as patents are time-limited (20 years), and much of our software technology is older than that. For example, everything in the Dragon compiler book (1986). Of course, that wasn't true when Abrash wrote the above (1996).
I know it isn't a one to one example, but I wonder why it is acceptable to quote and cite with no need for permission in literature, but when it comes to code people "own" their ideas?
But ideas themselves don't fall under copyright; unfortunately, some countries allow the patenting of software algorithms, which do cover the idea to some extent.
EE: easy idea, easy implementation (Plenty Of Fish)
HE: hard idea, easy implementation (arithmetic coding)
EH: easy idea, hard implementation (eBay)
HH: hard idea, hard implementation (Powerset)