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- Path: sparky!uunet!munnari.oz.au!manuel.anu.edu.au!huxley!tal691
- From: tal691@huxley.anu.edu.au (Tonio Loewald)
- Newsgroups: comp.sys.mac.programmer
- Subject: Re: Why the Piracy? Here's why...
- Date: 26 Jan 93 11:37:07 GMT
- Organization: Australian National University
- Lines: 105
- Message-ID: <tal691.728048227@huxley>
- References: <21634.2B6293D5@zeus.ieee.org>
- NNTP-Posting-Host: 150.203.2.12
-
- eric.larson@f620.n2605.z1.ieee.org (eric larson) writes:
-
-
- > # Microsoft -- IMHO -- has never innovated, only copied, ripped off,
- > # and so on. Our IP laws are paying people for doing bad things.
-
- >The problem is that you can't buy a C compiler for the Mac or MS-DOS from
- >AT&T. Whose mistake is that? Certainly not Microsoft's. Should we punish
- >Microsoft for filling a real need?
-
- Microsoft never released a C compiler for the Mac either, for that
- matter. (Phew!)
-
- > # I wouldn't be surprised if this causes as much harm, in the long
- > # term, as laws which benefit companies who move factories out of
- > # the country and engage in leveraged takeovers and rationalizations,
- > # all of which are slowly grinding the US economy into the dust.
-
- >One of the real problems the US has is that companies are inefficient in
- >bringing 'breakthrough' technologies to the marketplace. You DO NOT improve
- >this by making IP law protection for commercial technologies weaker, and
-
- I agree. Good point. Absolutely true. But you might consider the possibility
- of making IP laws _different_.
-
- I have no perfect solution in mind, but I doubt that you'd find many
- microeconomists with genuine affection for things as they stand. (Who
- knows, since research grants seem to buy pretty strange "honest"
- opinions, you might...)
-
- >strengthen IP protection for basic R&D - this LESSENS the incentive to
- >commercialize a technology. The real benefit to an economy is from the
- >commercial enterprise - that is the manufacturing effort. The royalties on an
-
- That remains to be seen, as the cat said who voided into the sugarbowl.
- Software, effectively, isn't manufactured, and that's the problem. If
- software were manufactured, our IP laws, which are designed to protect
- the inventors of automatic apple-peelers, would largely work. No-one
- much cared if someone saw a patented apple-peeler selling at the general
- store but made one for him or her self, They only worried if he made
- them for his or her friends, and to sell. If he or she did this, she or
- he would have to pay a royalty. The problem is that anyone can make
- a software package for him/her-self, precisely because it isn't
- manufactured. Horse and buggy laws...
-
- >idea amount to a small percentage of the actual economic activity of the
- >manufacturing process.
-
- Unfortunately, _ideas_ are the one thing for which no protection seems
- to exist. You can benefit from an idea if you keep it secret and implement
- it (or evangelise it successfully to venture capitalists) but the people
- with the _ideas_ seldom make the money. The people who put lots of money
- into good ideas do make lots of money. Some people generate good ideas on
- a salary -- then it's open season as to who makes money off the ideas.
-
- If you implement an idea, you can patent your implementation -- maybe.
- If you sing your idea or write it down, you can copyright it. Obviously,
- there are practical problems involved in registering ideas.
-
- One of the reasons that the IP laws aren't failing quite as miserably
- w.r.t. software
- as the music and book and video laws (which we all probably break from
- time to time -- anyone care to disavow photocopying?) is the continuing
- progress of computer hardware and so on. If this stuff ever plateaus,
- or if writers ever decide that word-processing doesn't _need_ to get
- any better, we could be in for some interesting market behaviour.
-
- This has already happened to a very limited extent, in the form of
- ultra cheap software. Only the lack of standards, lack of user
- education, and so forth, prevent the effects from being broader. If
- I buy CheapWrite (tm) I can't open Word files. Thus, it seems I
- _need_ Word. That's what the nice salesman says... Assuming someone
- so much as _told_ me that CheapWrite (tm) exists.
-
- There are so many cases of intellectual property laws producing silly
- effects that _any_ person should be able to reflect upon dozens of
- them. From the selling of the rights to "the inside stories" by the
- wives of serial killers to people being able to sell photographs they
- take of crimes or celebrities, with the people whose images are
- being bought and sold having no say in the matter. In software we have
- the slowly growing patented algorithm fiasco. We have look and feel
- lawsuits. We have _incredible_ licence agreements that would seem to
- be outright illegal but which some courts seem willing to enforce.
- We have legal fictions -- can you or can't you "own" a piece of
- software? What exactly is a "licence" issued by a company and can
- it be leased? Is it subject to sales tax or import duties? If so,
- what type?
-
- And if you think that all this is part of some Utopian "free market"
- where the righteous and clever are rewarded with just the correct
- incentives, you probably believe in trickle-down economics.
-
-
- Tonio
-
- PS. What really gets up my nose is all this moralising by people
- who (a) probably pirate music and photocopy books all the time
- and (b) probably _would_ pirate software if they weren't overpaid
- computer programmers who hope one day to benefit from inefficient
- laws that are small inconvenience to them.
- --
- Tonio Loewald | tal691@huxley.anu.edu.au
-
- "Yes!! For the hundred and fiftieth time!
- We're burning in hell!!!" (John Callahan)
-