[pp.int.general] philosophy vs. action

Carlos Ayala Vargas aiarakoa at yahoo.es
Fri Jan 16 18:33:26 CET 2009


Carlos Ayala Vargas wrote:
> Reinier Bakels wrote:
>> OK ,we are getting close now. To play the devils advocate:
>> * Doesn't someone who contributes a brilliant trick for building 
>> software have the "human" right of a software patent? It is his (her) 
>> labour and creativity, anyhow ...
> Currently that someones earns a time-limited patent, yes. After few 
> years, patent theoretically expires. So what? I mean, if you don't 
> address specific topics, your /play/ seems too vague ...
Sorry, I read "building" and I thought you were talking about building 
things. No, no one has the right (human or alien) of a software patent. 
Software is an intellectual work which deserves author's rights, because 
software is in its very nature an implementation, not an idea, and 
patents cover ideas.

You can make "/double of a number/" by a+=a, by 2*a, by binarily 
shifting that number to the left, etc; what is not allowable at all is 
to patent the "/double of a number/" idea, as long as it blocks 
innovation and competency. The software developer may earn author's 
rights for his concrete implementation of the idea (e.g., how he did the 
binary shifting to the left, if hypothetically nobody was able to), 
nothing more.


                                                                                              
Carlos Ayala
                                                                                              
( Aiarakoa )

                                                                         
Partido Pirata National Board's Chairman



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