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by onan_barbarian 5458 days ago
Suppose I am a first mover, considering making the very first heart monitor, ever. Suppose that doing the research for this is going to cost me a huge pile of money. Suppose further that I know that all of the innovation in my product will be cloned by a competitor 6 months after I ship, who after I have established a design, market and framework for this wonderful innovation, will give away the product for free.

That's got to be good for society, right? I'm sure I'll just go do all that research anyway, because I'm a nice guy. And I certainly won't go off and patent the holy living shit out of each and every aspect of the monitor or anything nasty like that, because that would be bad, and we've already established that cloning products has to be an unalloyed benefit for innovation. Because it's, like, free or open or something.

2 comments

This is the typical argument favouring patents and more broadly, intellectual property. I'm personally against all form of patentw, and for some severe restriction of copyright and trademarking. You could have a look at the book "against intellectual property" (right wing view :), or "against intellectual monopoly" (different, less liberterian view) they're quite partial but have some compelling arguments.

http://mises.org/books/against.pdf

http://levine.sscnet.ucla.edu/general/intellectual/against.h...

You're preaching to the choir. I'm not making that argument. I'm making the argument that always opening your source up removes a fairly thick line of defense against straightforward reverse engineering, and makes software patents seem more necessary.

There's always the prospect of reverse engineering, but it's a lot harder to do and there are situations where it seems rather unlikely. In enterprise software, particularly, it seems considerably less likely that a big company will perpetrate hard-core reverse engineering naughtiness when bound by a thicket of NDAs and contracts - why risk it? A quick browse through the opened source code is a rather different beast.

Also however cutting edge your research would be , it is would be most likely built upon on some of the research that is already done in the field. Any clone implementation (free or non-free) make use of the knowledge already is available in the public domain and improve in the direction your product is built on. More novel , innovative is your approach it would be as much harder for any alternative ways (free or non free) to catch up.