[LINK] Is it unethical to infringe a patent?

[Craig Sanders]

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.


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.


craig

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