Sunday, December 05, 2004

Software patents, the WMD of IP?

Donna Wentworth, at Copyfight, points to some interesting perspectives on software patents.

Professor Karl-Friedrich Lenz also has some advice for advocates opposed to intellectual property expansion, regarding being on the losing side in respect of the usual public rhethoric:

"Those working for the inflation of intellectual monopoly rights are using colorful rhetoric means. For example words as "pirate", "stealing", "Boston strangler", "dagger in the heart of the DMCA" etc.

So how can the other side fight back? I have a few suggestions.

1. "Enemy of Freedom"

Intellectual monopoly (IM) rights like patents, copyrights, trademarks all give the owner an exclusive right to use. This means everyone else's freedom is reduced. This in turn means that those working for stronger IM are opposed to everyone else's freedom, so they are enemies of freedom.

2. "Great Mastermind of Greed"

The point of this rhetoric figure is the alliteration. This might be used as a honorary title for those individuals who are working most efficiently for the enemies of freedom. Maybe someone could sponsor a yearly "mastermind award".

Why greed? Well, of course, people who create great ideas should be rewarded. Authors, musicians, inventors should get paid. But in unlimited quantity? And with most of the profit directed to publishers? The word "greed" may be defined as "excessive or reprehensible acquisitiveness". While the opinions about "reprehensible" might differ, there sure is much excessive acquisition based on IM rights.

3. "Slave Trader"

This is the counterpunch to "pirate". "Piracy" in the original meaning of the word is "an act of robbery on the high seas". This is a serious and violent crime. Copyright or patent violations are illegal, but they are obviously much less serious than real piracy. There is a difference between a kid trading illegal files and a bank robber. So this rhetorical figure serves the purpose to fool the listener..."

and so on. Worth a read.

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