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- Newsgroups: sci.crypt
- Path: sparky!uunet!telebit!phr
- From: phr@telebit.com (Paul Rubin)
- Subject: Re: Public Key Patents
- In-Reply-To: rcain@netcom.com's message of Tue, 17 Nov 1992 05:51:06 GMT
- Message-ID: <PHR.92Nov17033415@napa.telebit.com>
- Sender: news@telebit.com
- Nntp-Posting-Host: napa.telebit.com
- Organization: Telebit Corporation; Sunnyvale, CA, USA
- References: <921115143047.034931@DOCKMASTER.NCSC.MIL> <1992Nov17.055106.5154@netcom.com>
- Date: 17 Nov 92 03:34:15
- Lines: 51
-
- Not within "modern" times. Mr. Sternlight has pointed out that it
- was debated and settled publicly in the '50s. I was in high
- school then and missed the debates. I would appreciate a
- reference that sumarizes them, what parties were involved and how
- the decisions were made that detemined existing policy regarding
- public use of publicly funded invention. It may well have
- compelling logic behind it but it sure isn't obvious from here.
-
- Reference: Owning Scientific and Technical Information, edited by
- Vivian Weil and John W. Snapper, published by Rutgers University
- Press. Contains a number of articles/essays on the history and ethics
- of the patent system. Highly recommended. Brief description of the
- 1950's change: through the 19th and first half of the 20th century,
- the novelty requirement for getting a patent became more and more
- stringent. Around 1950 an invention had to have been born in a "flash
- of genius" to be patentable (I believe that doctrine came from Oliver
- Wendell Holmes). Congress then legislated the current "not obvious to
- a person of ordinary skill in the art" criterion. There is also
- pretty good article in the American Heritage magazine of Science
- and Technology from a couple years ago but I don't remember the
- specifics. (That's actually not a bad magazine by the way).
-
- Regarding your (Rcain's) discussion of university inventions, I feel
- you don't go far enough in saying the public should have rights to the
- invention if public money paid for the development. Unlike
- corporations, universities are tax exempt, which means they're
- effectively taking money from the public whether or not the invention
- was developed with grant money. In my opinion, if universities want
- to collect patent royalties from the public, they should be taxed just
- like any other for-profit corporation.
-
- Regarding RSA in particular, remember also that the motivation of
- patents is to provide an incentive to invent: the public gets the
- benefit of the invention in exchange for the inventor getting a
- limited monopoly. But RSA was invented without this incentive (we
- know this because nobody thought to apply for patents until after the
- invention was already published, which is why it is not patented in
- Europe, where applications must be filed before the invention is
- published). So in exchange for the monopoly, the public in this
- case got *nothing*.
-
- For info on why software patents in general are bad for almost everyone,
- write league@uunet.uu.net and ask for a copy of the position
- paper "Against Software Patents", or ftp it from
- prep.ai.mit.edu:/pub/lpf/patents.texinfo.
-
-
- Paul Rubin
- Member, League for Programming Freedom.
-
- Disclaimer: my opinions not Telebit's, etc.
-