piclist 2005\08\22\203306a >
Thread: I say it is spinach . . .
picon face BY : Gerhard Fiedler email (remove spam text)

Russell McMahon wrote:

>> Secondly, property rights are only existent to the degree that there are
>> laws that give people these rights ...
> Deeeep philosophy involved in this area.

Of course... the question was about spinach and rights. :)

> Is there an innate moral right to the possession of one's own creations?

For the creation itself you probably can claim some such thing (even though
I don't think there's much innate moral in anything -- you'll probably find
that moral is always extremely dependent on a specific context).

But what we are talking about are not the creations, it's the use of
something abstract that is related to the creation. Which is not something
inherent in the creation; it is something that needs a context to be able
to be defined at all. That context is given by the society, and the
definition is given by the law.

> Are there absolutes which can be invoked in defence (or offence) of this
> assertion?

No absolutes, but some simple logic. (As long as this is the case, we're
still far away from religion and politics, I think... :)

>> How about a law that essentially says "your IP is protected by law to
>> the extent that it is published"?

> For which there is considerable precedent, as this is how patents
> work. Which raises the spectre of software patents (as opposed to
> copyright), which ... ;-)

This of course opens the question of what exactly is worthy of protection.
Copyright says it's the exact form, patent says it's the general idea.
Between (and outside of) the two there's a lot of room to play with. Which
relates to my statement above that what is protected is not something
inherent in the creation, it is something that comes with the creation when
the creation is put into a community context, and can only then be defined.

IMO the patent system is about to break down, at least when measured by the
original aspirations, and it was originally not intended to be applied to
non-material IP. But it may help devise a better system...

<156tpgwlvcm9y.4ercvuvhsnna.dlg@40tude.net> 7bit

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