[IP] Why IP owners should worry]]]

[David Farber <dave@farber.net>]

-------- Original Message --------
Subject: 	Re: [IP] Why IP owners should worry]]
Date: 	Thu, 24 Nov 2005 13:44:27 -0500
From: 	Miles Fidelman <mfidelman@meetinghouse.net>
To: 	dave@farber.net
CC: 	ip@v2.listbox.com
References: 	<43860607.9040408@farber.net>



Every time IP discussions come up, I find it incredibly useful to go to 
the source:

-----
Constitution of the United States, Article I, Section 8 - Powers of Congress

The Congress shall have power
....
8. 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
-----

Not withstanding some (IMHO) bad legislation and case law, and somewhat 
different international policies, the ultimate test for US IP policy 
remains: does the policy "promote the progress of science and useful arts?"

Seems to me that open standards pass the test, proprietary standards, 
for the most part, don't.  Same again for open software (the reductio ad 
absurdum case: picture armies of software engineers having to get patent 
and/or copyright clearance for each and every line of code).

Miles


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