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by giulivo 4883 days ago
In another post, I'm also trying to compare the similarities of the two.

The problem I see is that they both, especially when used 'improperly', prevent people from innovate.

To me it looks like software improves also by recycling and improving existing concepts so, when it comes to software, patent owners eventually manage to raise some money, but that's all.

They cause much greater damage to the rest of us by stopping other people from reusing the concept.

The thing is that from my perspective, the same happens with most of the grants given to copyrights holders.

Again, when speaking about software, to give a copyright holder the right to be credited for the work is perfectly fine, but what about the right to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it?

How different is that from a patent?

2 comments

I don't disagree, but I'm ok with taking this one step at a time, and I feel patents, being monopolies on general ideas, not specific realizations of such, are the more obviously worse of the two.

My main point is that some aspects of your argument, say:

> every idea you have was already had by someone else, or someone is having it right now

Hold much stronger specifically regarding patents. Because patents don't govern over unique instances of the same idea, but only specific realizations, and work on such an idea.

Also, the problem with copyrights disappearing regarding software, is that it may not help innovation much. Without copyright we still don't get source, and things that were protected by copyright are just now protected by secrecy. I imagine a lot of proprietary software would just continue the push into software as a service, with large blocks of important code never leaving the walls of the data center.
And also keep in mind, if you are a GPL supporter, without copyright suddenly the license looses it's teeth. And can now be included in proprietary products.

It may not be ultimately bad. But I feel it's a fair bit less obvious than patents.