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News From The Ivory Tower
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| From time to time, prominent scholars inhabiting the top floors of the ivory
| tower like to publish their musings about the usefulness or evilness of the
| current system of IP law. For example, even Nobel laureate Mr Eric Maskin
| (LinkedIn) was involved in developing certain theories based on mathematical
| models of economy according to which the patent system plays a rather
| detrimental role. Have a look at the formulas of the Bessen/Maskin
| mathematical model. Where is the evidence that reality in economy can be
| mapped by such models? Should such work really be taken as a basis for any
| actual political decisions? I am in doubt.
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http://www.ipjur.com/blog2/index.php?/archives/47-News-From-The-Ivory-Tower.html
Software Patents from Another Angle
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| However, if you ask why the patent system is bad for software as opposed to
| other things, she agrees you may have a point. As Kuhn also noted, software
| is subject to both copyright protection and patent protection at the same
| time. And it makes no sense to apply both schemes at once -- especially when
| they work so differently. Copyright covers expression. Patents cover
| functionality. Patents are used to exclude people from doing things.
| Copyright is more enabling.
`----
http://www.itbusinessedge.com/cm/blogs/bentley/software-patents-from-another-angle/?cs=31096
SFLC Says Software Patents Impede Technology
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| The writers then go on to argue that software is not patentable subject
| matter because "it does nothing more than execute mathematical algorithms."
| And the Supreme Court has held that algorithms, abstract concepts and the
| like, on their own, are not patentable. (There is more to the argument, of
| course, but that's the main point.)
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http://www.itbusinessedge.com/cm/blogs/bentley/sflc-says-software-patents-impede-technology/?cs=31075
Related:
Economist Critic of Software Patents gets Nobel Prize
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| The FFII congratulates Eric S. Maskin, an economist who has long criticised
| the patenting of software, for receiving the 2007 Nobel Prize for Economics.
| Prof. Maskin and two colleagues receive the Prize for research into the
| optimal design of economic mechanisms. By applying his theory to the IT
| sector, Maskin demonstrated "that in such a dynamic industry, patent
| protection may reduce overall innovation and welfare."
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http://press.ffii.org/Press_releases/Economist_Critic_of_Software_Patents_gets_Nobel_Prize
Intellectual Property Regime Stifles Science and Innovation, Nobel Laureates
Say
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| Patent monopolies are believed to drive innovation but they actually impede
| the pace of science and innovation, Stiglitz said. The current “patent
| thicket,” in which anyone who writes a successful software programme is sued
| for alleged patent infringement, highlights the current IP system’s failure
| to encourage innovation, he said.
|
| Another problem is that the social returns from innovation do not accord with
| the private returns associated with the patent system, Stiglitz said. The
| marginal benefit from innovation is that an idea may become available sooner
| than it might have. But the person who secures the patent on it wins a
| long-term monopoly, creating a gap between private and social returns.
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http://www.ip-watch.org/weblog/index.php?p=1129
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