mardi 21 juin 2011

What if a world WITHOUT Intellectual property ? would it be BETTER ?

What if a world WITHOUT  intellectuel property ? Would it be BETTER ?

Discussion started by Tru Dô-Khac on June 16, 2011 on INNOVAHUB Open Innovation and Crowdsourcing

Number of comments as of  June 21, 2011 : 38

(...) tdk
why would you need to publish a book ? Would a blog do ? (i have seen that you have just started one) 
(...) tdk
there might by a grey zone between black (secret/condifidentiality) and white (public domain) to explore. 

(...) tdk
should we stay in copyright, a kind of monopoly, how about a look at Creative Commons ?

You might have 10 seconds to peep at one slide of five key points (in English) of a French article titled "Entre protection et partage" [between protecting and sharing]

(...) tdk
do you include software in this numbers ? (note that under some regulation such as France software can not be patented)

How about the entertainment (movies, gaming,...)and media industry : it is just copyright.

here is the link to the original article
to give a straight answer, i am a creator struggling to raise a family with the fruit of my creations..

(...) tdk
thank you for bringing in interesting and precised information.
To patent a package that bundle sw and hw, you definitely need some expertise.

Now we have patent and copyright...and the discussion split into

What if a world WITHOUT patent ? Would it be BETTER?
What if a world WITHOUT copyright ? Would it be BETTER ? 

the business background idea of this discussion is what you say : Open Innovation (attributed as you know to Pr. Henry Chesbrough) and a pratical implementation in "copyright", creative commons.
As for patent, there are work on progress (science commons)

if i may place here an ad, it is as today a little bit far from my business : creations for business usage, []

I have to confess that the formulation of this discussion is a little bit provocative...or maybe not, who knows ?
Let's deploy it here a little bit more. 

Pleasure, self achievement or altruism are also drivers for creation/invention which sometimes can turn into innovation.
But if we say that innovation occurs when a creation/invention meets a client, then yes profit is often a motivation. 

There is no "necessity" : just envy to share, discuss and have fun
You are welcome to open a new discussion and audience would navigate from one to the other.

Maybe you could set a link to this one in the "title details" of the new one. 

you made a really good point : profit is one thing, greed another.

And this point surely goes to both the creator/inventor and the user of creation/invention.

On IP rights are unenforceable.
Let's adress the "attribution" right [giving credit to the author/creator]

Would you assess that it is not enforceable ? 

The scientific community is a good exemple to observe.
It is a global community where reputation is a key asset. It is self regulated because it is "communicative" due to the nature of its "business model": a key component of the value of an article is the bibliography.

In the business, reputation is also a key asset (some are even talking of self brand).
When it was closed, it was difficult to assess previous (disclosed) creation//invention and you could claim with good faith to be the originator.

Now with 2.0 it is not the case any more..

It a physical person "steals" a creator/inventor, he puts his self brand at risk : he lets anyone to choose between
* he is ill organized
* he is ignorant
* he is intellectually dishonest
* he is a thief
The risk are not legal anymore.

For an enterprise, the risks are higher... 

Can the principles of this mecanism be disclosed and shared ? 

Social common sense might ease new practices of IP where you think "share" instead of "protect".

When you borrow a car from someone, you say "thank you Mr. X"

Well if you receive an idea , why not say "thank you Mr. X" as well ?

In France, we call this "moral rights" (droits moraux). They include "attibution". They are imprescriptible and inalienable. (Fr : "imprescriptible et inaliénable").

Note also, you can not "own" an idea : anyone can quote you at the condition he gives you full attribution (Fr : exception au droit d'auteur).

If the idea is genuine and really novel, it should be easy to identify the author.

(just have a try with : "IT regime management", a formule to name the next generation of IT governance practices)