Brevets / Logiciels


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Fiche de lecture by N. Stephan Kinsella

page 9
IP rights are rights to intangible thingsto ideas, as expressed (copyrights), or as embodied in a practical implementation (patents).

page 10
Copyrights protect only the form or expression of ideas, not the underlying ideas themselves.

page 25
Both the inventor and the theoretical scientist engage in creative mental effort to produce useful, new ideas. Yet one is rewarded, and the other is not. In one recent case, the inventor of a new way to calculate a number representing the shortest path between two pointsan extremely useful techniquewas not given patent protection because this was merely a mathematical algorithm. But it is arbitrary and unfair to reward more practical inventors and entertainment providers, such as the engineer and songwriter, and to leave more theoretical science and math researchers and philosophers unrewarded. The distinction is inherently vague, arbitrary, and unjust.

page 31
Thus, property rights must have objective, discernible borders, and must be allocated in accordance with the first-occupier homesteading rule. Moreover, property rights can apply only to scarce resources. The problem with IP rights is that the ideal objects protected by IP rights are not scarce; and, further, that such property
rights are not, and cannot be, allocated in accordance with the firstoccupier homesteading rule, as will be seen below.

page 32
As Thomas Jeffersonhimself an inventor, as well as the first Patent Examiner in the U.S.wrote, He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Since use of anothers idea does not deprive
him of its use, no conflict over its use is possible; ideas, therefore, are not candidates for property rights. Even Rand acknowledged that intellectual property cannot be consumed.
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