all, it did
immeasurable damage to western civilization
to have unfettered access to the intellectual property of
Shakespeare, Newton, Bach, Mozart, Beethoven, and Babbage.
We ceratinly wouldn't want to make the same mistake with
Mickey Mouse and Excel.
(Said dripping with bitter sarcasm...)
?But all that *code* is? immeasurably old. Which is ok in my book (in many
instances 20+ year old code is also ok in my book). But you're not suggesting
recently developed code should fall into the same category? Thou shalt not
muzzle the oxe when it's treading out the alfalfa sprouts. Or something close.
Immeasurably?!?!?! I know I'm a bit of an old fart, but I
didn't think that the period of time since the Renaissance
could be classified as being lost in the mists of time...
What I had hoped my use of sarcasm would suggest is that
restricting the flow of information runs counter to the
progress of civilization. Had the dissemination of these
influential works been prohibited until 75 years after
the deaths of the authors, we would very likely not have
them at all. Keep in mind that Mozart was born only 41
years after the death of Bach and Beethoven was born before
Mozart died. Likewise, it was less than 75 years between
the death of Babbage and Aiken's work on the Mark I. (Even
though Aiken doesn't seem to have fully grasped Babbage's
ideas and their implications, it is clear that Babbage's
ideas were part of his inspiration in creating the Mark I.)
This is not to say that it would have been impossible
for these ideas to have survived in the face of such
restrictions. However, the restrictions almost certainly
reduce the probability of their survival.
I had also hoped that it would be clear that my use of
the term "intellectual property" was part of the sarcasm.
Until this recent abuse of the term property, it had
always been used to refer to that which derived its value
from scarcity. If I transfer possession of my property
to you, then I no longer have that property to use as
I see fit. This is not true of ideas and of knowledge.
Indeed, the value in ideas is in their influence on
other ideas, which only comes through their transmission,
not from hoarding them.
It helps to keep in mind the context in which patents
and copyrights were created. The constitutional phrasing
goes:
"To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries"
This is *not* to give governmental preference to certain
commercial enterprises over others, by virtue of their
having claimed priority to an idea. At best the crafters
of the Constitution would have laughed at such a suggestion.
At that time, it was common practice for those who created
applications of science in the useful arts to keep their
work secret to gain financial advantage over others. This
did not promote progress. It was clear that to promote
progress, these creations needed to be made public. The
limited exclusive rights were basically a bribe to get the
authors and inventors to publicly disclose their work.
It is also important to remember that when the time frames
were put into place, the period of exclusivity was quite
a small fraction of the overall life of the invention.
The time frames were certainly not directed toward giving
the authors and inventors control over the ideas until they
were immeasurably old.
Unfortunately, this topic has a history of degrading into
emotional discussions with ad hominem arguments. So in the
interest of not contributing to such a digression, I will
attempt to leave this as my last contribution to the discussion.
BLS