[LINK] Is it unethical to infringe a patent?

[Deus Ex Machina]

Craig Sanders [cas at taz.net.au] wrote:
> On Thu, Aug 17, 2006 at 06:13:57PM +1000, Deus Ex Machina wrote:
> > Craig Sanders [cas at taz.net.au] wrote:
> > > On Thu, Aug 17, 2006 at 12:06:56PM +1000, Brendan Scott wrote:
> > > > Just an open question really.  Assuming that patents are a form of
> > > > property:
> > > >
> > > > (a) would it be unethical to infringe a patent? (eg: exercise a patent
> > > > without the permission of the patent holder)
> > > 
> > > No. for an action to be unethical, it has to actually do some harm to
> > > someone.
> > 
> > taking someones rightful income is harm.
> 
> infringing a patent is not taking someone's income (rightful or not).
> 
> if you try to establish harm from patent infringement, the ABSOLUTE BEST
> you can do is *theorise* about potential income from what *might* have
> been a licensing fee/royalty for the use of the patent.....but it is not
> in the least bit reasonable to assume that there would definitely have
> been a sale. the infringer may find an alternative method, or may have
> chosen to do something else entirely, or nothing at all.

yes but you are deriving a benefit, ie receiving value for which the
owner is not receiving equivalent value. a patent gives the owner
exclusive rights to all derived value.

a patent is not just legal ownership it is economic ownership.

the fact is, that by using the patent means you did derive some value and
therefore the owner of the patent was entitled to equivalent value from
you, and thus had their economic rights harmed. wether you would have or
not purchased a right to the patent is not relavent anymore because
you have already derived a benefit, which by law you cant do without
permission.


> if there is any theft going on in the patent world, it is entirely
> on the part of the thieving scumbags who are attempting to convert
> short-term limited monopoly rights into actual property. that conversion
> is theft.

from whom? there cant be theft without an owner.

Vic