Over at Livejournal, I keep a link to
Paul Phillips so I can read his comments and reader comments when I get bored. Usually, I don't post much myself and it's really just brain candy, but something got stuck in my craw. First I read
this post and then went down a little and asked a question, since Mr. Phillips tends to believe IP should be voided. His argument is
here and he has hosted some talks on it
here and
here. I'm sure there some other brilliant minds of the internet conversing on it, but this is what got me started and I'm going to examine my current thoughts and ideas before I go off and read any more opinions.
My current thought is that it seems necessary to be able to protect your ideas in order to continue to work on them. Since we live in a capitalist society, one must make a living somehow. There are undoubtedly many people in the world with great ideas that will publish them and share without a reward, but there are also a lot of people who cant' pursue their inventions without some sort of monetary reward.
That being said, my initial belief was that patent and copyright law is there to help the invdividual protect their inventions just long enough to turn this necessary profit, and to protect them from investing a lot of resources into something, and then having it used by a giant corporation or the like. As I said, I have not gone and done the research on this yet, that's just where my feelings start from. At the moment I believe this is the 'spirit' of the origins of patent law, although certainly not the current 'letter' of the law.
Mr. Phillips just happened to post another interesting entry about Nikola Tesla, which I did read after I started this article and gave me some more food for though. Tesla had a number of patents, but did not collect royalties and was subjected to great pains attempting to secure funding due to his mismanagement of his money. Oddly enough, he became beholden to the whims of financiers to work on his projects, when patent law would have provided him the means to avoid them. This seems on the surface to be exactly the argument for patent law, and the intended example of how they would be beneficial to invention, instead of the opposite.
However, this also leads to an interesting thought, because Tesla's patents were much more complex than what we typically here about today. Tesla was basically patenting methods for radio broadcast and what have you. I haven't read all his patents, quite possibly he had some minor ones that covered trivial items. In at least a few instances, though, he had some very brilliant ideas developed from time and money-consuming research.
Compare this to Jeff Bezos' and the patent for 'one-click' shopping. 'one-click' doesn't pass the common sense test, it's a trivial idea. However, it apparently passes the letter of the law (at least so far).
Tesla envisioned providing wireless power to remote places anywhere on earth. Poor countries and people would have had access to this power fairly easily. There's a lot politics and economis involved in that equation, but arguably Tesla would have powered the entire world. I don't think 'one-click' has any such aspirations.
Unfortunately, this is where patents start to fail. How can you decide if an idea, no matter how trivial, can really qualify for a patent? After that, when you start patenting basic things needed by just about everyone you start to choke inovation. Who, for instance, wants to pay Amazon to avoid having 'double-click' or 'triple-click' shopping?
Now the interesting thing is copyright. Copyright has a more extensive life than patents, and has gone way beyond the lifespan of the creator simply to create the commercial properties of Disney and the like.
Seems a mess. Mr. Phillips answer is to do away with all Intellecual Property Rights, but if that's the case, I suspect we will develop another problem, much like the Masons of previous times, everyone wanting to profit from their ideas will share them with no one. Possibly this would be a minor, or almost non-existant issue, but I'm not convinced the innnovation would run as free as would be hoped.
Music, I don't care so much about. There are problems with music both ways. If you wrote a song 40 years ago and it becomes the new hit theme song for Cheesy Poofs, maybe they need to pay you royalties. On the converse side, why do I have to pay royalties to Disney for something created decades ago by a guy who is dead? I just try not to buy too much music (actually I just rarely listen to music, almost all of which I have on cd, thanks for making me sour, RIAA!).
Anyways, the interesting case is not music, but things like software. Sure, you can remix a song and sell it for a while, but software you can build huge programs on top of. That's where the innovation choke becomes a real problem. I'll have to think about that some more.