[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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