Subject: Re: [arch-dev] universities struggling to avoid making money
From: "Stephen J. Turnbull" <stephen@xemacs.org>
Date: Mon, 26 Aug 2002 13:25:50 +0900

>>>>> "Jim" == Jim Choate <ravage@ssz.com> writes:

    Jim> MS is realy interesed in legal theft.

Buying low (from people who don't know or can't exploit what they
have) and selling high is not necessarily theft (pace, Mr. Proudhon).[1]

Caving in to Microsoft on IP issues would not be socially beneficial,
IMO, but calling strong IP "legal theft" just alienates reasonable
people who could otherwise be your allies in the policy debate.  Not
to mention lots of _unreasonable_ people: Jim Buchanan, Ron Coase, and
Milton Friedman all backed the libraries in their lawsuit against the
copyright extension by signing the amicus brief.

    Jim> Not fair compensation for effort.

But property, in the sense of "capital," is never about compensation
for effort, fair or otherwise.  "Compensation for effort" is called
"wages."  If the only justification for compensation is effort, the
terms of patent and copyright should be 0.000, not 10 to 15, years.

IP is about compensation for the contribution made to society, as
measured by the value that society is willing to pay for it.  If that
(net expected) contribution continues, then so should the compensation.


Footnotes: 
[1]  Microsoft _also_ engages in practices that are illegal and
morally theft IMO, but that should be separated from the issue of
support for strong IP.


-- 
Institute of Policy and Planning Sciences     http://turnbull.sk.tsukuba.ac.jp
University of Tsukuba                    Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
 My nostalgia for Icon makes me forget about any of the bad things.  I don't
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