[LINK] Is it unethical to infringe a patent?

[Craig Sanders]

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.

now, even assuming that the patent in question is actually legitimate
and valid (which is a big ask), you have to ask whether infringement
of that patent actually causes any harm to the patent holder....i.e.
whether they are in any way worse off than if the patent wasn't
infringed.

since the effect of a patent infringement on the patent holder is
exactly the same as if the patent wasn't used at all (i.e. no effect
whatsoever), there is no harm, thus it can not be unethical.

this is not to say that it is not illegal (or, more precisely, a civil
violation rather than criminal) - merely that it is not unethical.


> (b) would it be a form of stealing?

no. an idea or thought isn't and can't be property (a patent is merely
a short term and limited set of monopoly rights to a particular novel
invention, which is NOT the same as or even remotely similar to property
rights in that invention) so how can it be stolen?


craig

-- 
craig sanders <cas at taz.net.au>           (part time cyborg)