[ExI] New IP thread

[Rafal Smigrodzki]

On Mon, Jul 19, 2010 at 1:17 AM, Ryan Rawson <ryanobjc at gmail.com> wrote:
> I'm not really sure I buy the analogy in the PS - memory protections
> and private thoughts are really not the same as "IP" which is
> information people wish to make public and shared with others.

### I did not draw an analogy between memory protection and IP. You
may review that I suggested this exercise as a way of improving one's
understanding of the relationship between some engineering principles
(applicable to both operating systems and legal systems) and their
effects on efficiency. Instead of offering opinions about analogies to
IP, I invite you to answer which approach to memory protection is
efficient, as measured by the likelihood of achieving goals inherent
in the software or human entities under consideration. This exercise
is useful in beginning a deliberation which eventually may lead you a
dispassionate analysis of IP law.
--------------------------------
>
> I also think it's an supposition that strong IP leads to more
> efficient outcomes. Efficient comes in various flavors too, since an
> efficient economy might not have creative solutions and innovations -
> does the iPod belong in an efficient economy?

### The general meaning of efficiency is the degree of achievement of
goals, given available resources. Your paragraph above seems to be
bereft of meaning in our context.

------------------------------
>
> Strong IP has become a threat to those who make things happen and
> encourages IP trolls which are a pretty sick twisted outcome of the
> current system (and would be more prevalent in stronger IP regimes).
> Besides which, no new invention really comes out of thin air, and it
> can be a minefield for independent creators to be in the business of
> IP creation.  Be it copyright claims, patent threats, or just vague
> legal threats, creation ends up being a big-company thing only.
>

### You did not go through the exercise of thinking about efficiency
in simple systems. It appears you are providing verbal justifications
for an emotionally held position, invoking mythical creatures, such as
trolls. I can assure you from my own experience that mainly thanks to
IP it is possible to generate innovation in a small company. Do lay
out an analysis from deeper principles, starting with efficiency in
simple systems, while trying to lay aside your feelings.

FYI, I used to oppose IP but once I started looking at the issue as a
strictly engineering problem involving societal efficiency over long
periods of time (rather than personal annoyance at being prevented
from pirating movies), I changed my mind - and my feelings followed.

Rafal