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Date:      Wed, 10 Oct 2001 23:36:57 -0700
From:      Terry Lambert <tlambert2@mindspring.com>
To:        cjclark@alum.mit.edu
Cc:        Salvo Bartolotta <bartequi@neomedia.it>, Ted Mittelstaedt <tedm@toybox.placo.com>, "P. U. (Uli) Kruppa" <root@pukruppa.de>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Use of the UNIX Trademark
Message-ID:  <3BC53E09.21D410C0@mindspring.com>
References:  <000601c15084$87edd360$1401a8c0@tedm.placo.com> <1002663600.3bc36eb096ee5@webmail.neomedia.it> <20011009231343.C387@blossom.cjclark.org> <1002731960.3bc479b899603@webmail.neomedia.it> <20011010140126.M387@blossom.cjclark.org>

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"Crist J. Clark" wrote:

[ ... ]

> We tend to think of science being a field where everyone
> is just looking for a chance to share all of their thoughts with
> everyone else. That's the ideal. This is not how it always worked nor
> how it has ever worked. Great mathematicians (e.g. Newton) closely
> guarded their discoveries and methods from the rest of the world until
> _they_ were ready to release it. You couldn't use Newton's discoveries
> for quite a while after he discovered them since he didn't let them
> out right away. Knowing Newton's personality, he might have applied
> for patents if could have.

[ ... ]

It's rather widely accepted folklore these days that Feynman
solved some of his problems using Clifford Algebras, and left
them out of documentation as "trivial intermediate steps" in
order to intimidate his competitors.  With Clifford Algebras,
it's actually very easy to solve a set of Feynman-Dyson diagrams
(note how we now leave Freeman Dyson off the credits these days,
and simply call them "Feynman diagrams"), whereas the math is
very hard to do the traditional way -- even though you eventually
get the answer, and Feynman gets a mystical reputation for both
uncanny correctness, and the ability to do complex math in much
less time than anyone else.

Patents and copyrights were invented to encourage authors and
inventors to disclose their work, rather than keeping it to
themselves.  The U.S. Constitution states "...secure for a
limited time..." -- the emphasis here on "limited".

Intellectual property isn't real property... I keep hoping that
some court somewhere (at an apellate level, where binding case
law is made) will treat it as real property.  Not because I
think IP law needs to be made stronger, but because then I can
engage in adverse use, and, not being stopped from such use,
establish a prescriptive lien, where I now have rights to use
the "property".  Just like if I park my car in front of your
house for 5 years, and then you decide to buy an RV and tell
me to not park there any more so you can park your RV: the
fact that you didn't stop me for the 5 years previous means
that I have established an interest in that parking spot.

I would dearly love to see "squatter's rights" applied to DeCSS
or some similar intellectual "property"...

-- Terry

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