A discussion of hybrid open source and proprietary licensing models.

["Marshall W. Van Alstyne" <marshall AT MIT.EDU>]

Relative to Gates' missives about IP reformers, the NYT provided some 
interesting counterpoint based on IBM's move to open up several of its 
software patents to anyone doing open source development.  While such 
patents are generally awful to begin with, it's a step in the right direction.

With respect to software, we often forget -- and Gates' seems to overlook 
-- that copyright was originally only 14 years, renewable only once.  It's 
been extended not less than 4 times, and never for public benefit.  It is 
currently absurdly long at author's life + 75 years or 95 yrs in the case 
of corporations.  These lengths are well past the economically useful life 
of almost any information good and they clearly do not boost the incentives 
for creators who have passed away.

Makes one cranky just thinking about it.

see 
http://publishing.wsu.edu/publishing.wsu.edu_non_ssl/copyright/public_domain_duration/ 
for a few historical details.

MVA

At 01:03 PM 1/10/2005, Sigmascape1 AT cs.com wrote:
> I realize that there has been, and will continue to be, a lot of 
> discussion on this unfortunate story, but this is how I feel about it, and 
> why I expect no less from Mr. Gates...
>
> Microsoft does not enrich the cultural landscape with its products, and it 
> never will. Microsoft uses patents and copyrights to make money, and that 
> is certainly 100% legal. Where I have issue with Gates is his lack of 
> understanding about what 'giving back' really means. If Gates understood 
> the U.S. Constitution, he would realize that patents and copyrights are 
> not perpetual, and that at some point, he and his company will have to 
> 'give back.' By using flexible licensing, many 'give back' on a daily 
> basis. Sort of meeting copyright law and the public domain halfway.
>
> He may also be interested in why someone, anyone, would take some type of 
> artistic work he or she created (software code, possibly) and wish to 
> share it with the rest of the world. Basically, he misses the point that 
> sharing creative works spawns new creative works, and it spawns new ways 
> to make money. GNU/Linux is one of the great examples of how 'sharing' 
> actually makes it easier to create and develop new works and products. 
> Certainly the Creative Commons' licenses do this everyday, and I use them 
> everyday. I know that my photos and digital art are being sampled, and in 
> many cases, verbatim copies are being tossed around various P2P networks, 
> and that's fine with me. I made the decision to 'give back' and I hope 
> that others will as well.
>
> Microsoft could be the most disliked company in the world, I don't know. I 
> know it has to be in the top 10, and its place is well-deserved. Microsoft 
> might be able to escape this top ten list if they were willing to engage 
> the 'communists' they claim are attempting to thwart their business plans. 
> The day when Gates and the believers in giving back break bread together 
> will be a great day, and it would take MS off the top ten list.
>
> MLF
>
> >Message: 1
> >Date: Mon, 10 Jan 2005 11:10:55 -0500
> >From: Marshall Van Alstyne <marshall AT MIT.EDU>
> >Subject: [Cc-bizcom] Gates & (c) reform
> >To: cc-bizcom AT lists.ibiblio.org
> >Message-ID: <6.0.0.22.2.20050110110900.03eee508 AT po10.mit.edu>
> >Content-Type: text/plain; charset="us-ascii"; format=flowed
> >
> >The following is a short & fun article on the Creative Commons response to
> >Gates' assertions about copyright reform:
> >
> >http://www.wired.com/news/culture/0,1284,66209,00.html
> >
> >Happy new year.
> >MVA
> >
> >
> >
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