Sunday, December 14, 2008

Moglen on Patents

It's a treat to listen to Prof. Eben Moglen, this time on software patents. Last time he came to the Institute, he spoke on the GPL3. Prof. Moglen speaks without notes (I didn't notice any) or slides, but is incredibly coherent and eminently listenable. There were some wonderful jokes thrown in, though not all sunk into the audience. I bet his students at Columbia really like his lectures.

Firstly, Prof. Moglen had this to say: the end of software patents is in sight! This is incredible. It's been fifteen long years since the fight began, and finally it's getting to a stage when courts in the US might make them go away forever. No programmer is going to shed tears for them. Programs are protected by copyright well enough, and allowing patents on them leads to stuff nightmares are spawned from.

Secondly, and this was a much shorter part, was the first argument I've heard against patents in general: the current patent system rewards profitable inventions as against beneficial ones. While I did not like his system of establishing an inventions "benefit to society" -- it reeks too much of the license raj, I still think the general argument stands.

In the end, we were also shown why it is difficult to argue (but fun to watch) with a brilliant Law professor, especially one who is an expert on the subject. I did get away last time (and perhaps even won!), but an audience member was not so lucky this time.

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