brian.shapiro wrote:
you're just hounding me into a discussion on this.
No I am not. You responded to me not the other way around, and if you aren't prepared to make an argument, what is the object of posting your view? I stated a number of ideas to rebut SCMcDonnell and I expect that when I am in turn rebutted that the person doing so will bother to even make an argument. I, in fact, do not go as far as to say that the points I am making are inarguable, which SCMcDonnell has but has not received any of your attention at all. Mine are simply something I think are true for the reasons I described.
brian.shapiro wrote:
using the free market as a model of innovation in society is a construct. the market, its said, adapts to the needs of society, and limitations on the market constrict the ability to adapt. but institutions that constrict the market can be just as much considered as players on the market as anything else. schrumpeter obviously understood this when he talks about the fall of corporatism. but its a construct to talk about all of these as the product of a market in the first place, since this type of economic talk is just surrogating the process of the market for the process of historical development. in truth, what the historical process is about is the negotiation of different interests in society, between the private and the public, between the corporate and the individual, etc. i dont believe in creative destruction as the most important historical force, but is complementary to the mediation of different interests. the US government itself was created based on the idea that there were different forces and interests in society that needed to be mediated, and tried to reconcile different forms of government (monarchy, aristocracy, democracy)
Ah but the keyword is "free".
Free market capitalism is what created the commons upon which those corporate "players" had the opportunity to become so wealthy. Freedom that they are truncating by making it the interest of the Government to mediate in their favor rather then in the favor of the individual citizen. Creative destruction potential is the "construct" that autonomously guards against any particular person or corporate entity from monopolizing a market while not preventing success in the same market.
brian.shapiro wrote:
my position on copyright and patent law particularly, is that the law should be greatly loosened, because currently there has been too much distortion of the idea of fair use, where its now corporations defining what rights the public has, and not the public defining what rights they have.
Agreed.
brian.shapiro wrote:
i think problems associated with free open source software can make things worse through fragmenting platforms and reducing incentives to integrating platforms. the most important part of the OS is that its an integrated environment. the biggest achievement of the "microsoft monopoly" has been the force behind the development of an integrated platform, the fruits of which have fallen to a lot of third party and open source developers, and which has driven the market.
That is complete rubbish. No one enjoys more interoperability then free software platforms. Proprietary platforms are the
only platforms that discourage interoperability because neither the user nor the developer are technically able to read the proprietary method with which to build an interface. In spite of this many Windows binaries are executable on free software platforms. What you are talking about is the uniformity of formats and protocols. If you have the source you can write (or have written for you) software that interoperates with the format or protocol. The primary reason for fragmentation has been proprietary exclusion and patent aggression. If that "monopolistic" achievement were put in the dumpster where it belongs, formats and protocols would coagulate either to the point that everyone's stuff would read, write and execute everyone else's or everyone would use what works best universally rather then what is permitted to work on Bill Gate's boxes.
brian.shapiro wrote:
i don't believe in abolishing a lot of patent rights that would disallow this, like what some free software followers believe in.
Patents have two purposes. To give incentive to talented foreigners to move here and to provide for the diffusion of knowledge and the useful arts by also giving the incentive for the inventor to publicly document their work for everyone's benefit, and after their term of exclusive use, everyone's profit as well.
brian.shapiro wrote:
i do believe that once corporations achieve a certain market dominance the public has an interest in regulation. i believe in making software corporations in developed markets accountable to standards bodies.
All software can be
measured by an agreed upon standard, which is what I believe IEEE's posix standard was documented to achieve. The problem with your predication is that the approach you suggest still does not put the power in the public commons, rather it gives it to a third party authority of questionable trust, thus increasing the complexity of the political structure and increasing the probability of corruption and the oppression of the citizen.
We the people, are most often the best regulatory body. The simplest way to achieve corporate regulation is to require the publication of source, similarly to the reason that ingredients of food must be documented for the safety of the public. Thereby no third party regulation is required to mediate, corporations will stand or fall exclusively on the quality of their software and their ability to maintain and service their customers, and no organization or person shall have control over the technology of any other organization, person, or government.