Are there any good articles that talk about this practice? Seems like that could be interesting...
19 karma · joined December 3, 2012
Are there any good articles that talk about this practice? Seems like that could be interesting...
I'm less clear on why API's shouldn't be copyrightable. An API isn't just a few lines of code. It's often an intense creative endeavor that ultimately represents a very specific (sometimes innovative) way of looking at the world. Sometimes, those views are uniquely terrible or uniquely elegant... but what's clear is that they are not "natural" in the way that a mathematical equation or physical law may be. It's clearly an act of creation, at least in my mind.
With that in mind... What are the best reasons to deny copyrights to API authors in a legal system that allows writers (who create intense creative endeavors representative of very specific and often innovative ways of looking at the world) copyright protections?
(Mind: I'm not against reforming said legal system; however, given the status quo, I'm not convinced about the differentiation between an API and a written work as creative (and copyrightable) works.)
(Disclaimer: I'm a huge fan of open source and being as "free" as possible. I love Creative Commons and fiercely enjoy the freedoms that FOSS can provide to developers and consumers. I think that API's are something that should be open rather than closed, but I don't think that means that all API's MUST be copyleft / public domain.)
If you mean a software engineer that designs software to validate that other complex software systems function (often dealing w nontrivial engineering efforts and undecidable problems) , they probably don't freelance because we denigrate them by calling them "testers" and they'll get hired fulltime by companies that understand the value of their work.
Feathers (the author) methodologically chose to copy / inspire some of his examples from code he's worked with as a mentor / developer (some of it from his time @ Thought Works w/ Beck, et al.)
The book is similar to Fowler's Refactoring in that it provides some core thought processes / ideology and then a long list of heuristics and techniques for revising/updating legacy code. (I find his definition of "legacy code" as any software without automated testing to be challenging and insightful, especially since it indicts most code written ever. ;)
If you get the chance, you could also consider reading "Clean Code", it doesn't have /as much/ "real world" source but is still excellent.
This is a particularly superb point! I really like this argument.
This may be incorrect, at least for one category (literature). There's actually some really interesting lit that argues that lax/nonexistent copyright laws of the revolutionary period are the reason that the publishing industry ever took off in America. And these same laws, it could be argued, are how American literature got its start. (Sorry, this is skeevy, but I can't remember the title of the book that articulates this argument for the life of me... Will post it if it comes to me.)
As to your second argument: Are there other aspects of Japanese society that could influence their innovation that go beyond intellectual property? I'm not going to deny that IP protections could play a role in innovation, but I could certainly imagine two countries with identical IP regimes having RADICALLY different levels of innovation. (Education, culture, etc could all create positive impacts on innovation... and these effects may even outweigh any effect produced by an IP regime.)
Are there any metrics for innovation as a whole? This would be an interesting thing to look into...
No, that's not at all what he's saying. He's saying that intellectual property is actually an immensely broad and complicated issue. (Rather: That's what I interpreted him to be saying; I could be wrong here.)
I don't think you can really make a statement like "IP laws lead to slower development of science and industry..." because "IP laws" are such a broad category of laws. Do you mean patents? What kind of patents? (Does a 5 year patent on medicines, something proposed by the Pirate Party, count as an IP law that reduces development? Why? How does it differ from other patents that are longer / renewable?) Can I make a contract to stop someone from disclosing an idea of mine? Is that an IP law? (Probably) Is it aggregating money into the hands of the few? (More dubious claim there...)
Don't get me wrong, I tend to agree that there should be limits on the sorts of monopolies that IP laws tend to foster, and I think that the current IP regimes that are dominant are typically very damaging. But I also think there could be certain IP controls that are acceptable and positive. (Allowing for IP regimes that are basically "trade secrets only" seems a bit inadequate to me, especially since patents offer valuable protections to certain kinds of innovations.) This is a view that your wildly over-broad/under-specified interpretation of IP would not accommodate.