Someone Has a Man with a Red Flag Moment

This is so misguided:

Digital personal property (DPP) is an attempt to make consumers treat digital media like physical objects. For instance, you might loan your car to a friend, a family member, or a neighbor. You might do so on many different occasions and for different lengths of time. But you are unlikely to leave the car out front of your house with the keys in it and a sign on it saying, "Take me!" If you did, you might never see the vehicle again.

But that's the whole point about digital content: you *can* leave it out in front of your virtual house, and allow people to take it, because you *still* have a copy. It's non-rivalrous - that's it's amazing, wonderful, nature. Trying to make it rivalrous is like putting a mad with a red flag in front of a motor car because it goes too fast: it's *meant* to go fast.

And to those who riposte: What about the creators?, it's the usual answer. Being able to give away copies of your work freely is an opportunity, not a threat: it's called marketing, and it's cost has just gone down to nothing.

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Thingiverse: SourceForge for Objects

I wrote below about the distinction between digital and analogue objects, but that was just a crude statement of the situation, which is in a state of flux. The distinction between digital and analogue is blurring thanks to rapid prototyping machines that can take digital representations of objects and turn them into physical things.

Once that happens, it becomes possible to apply all the usual open source methodology to analogue stuff - sharing designs, improving on them etc. One thing you need to do this is a repository of open designs; enter the wonderfully-named Thingiverse:

Thingiverse is a place for you to share your digital designs with the world. We believe that just as computing shifted away from the mainframe into the personal computer that you use today, digital fabrication will share the same path. Infact, it is already happening: laser cutters, cnc machines, 3D printers, and even automated paper cutters are all getting cheaper by the day. These machines are useful for a huge variety of things, but you need to supply them with a digital design in order to get anything useful out of them. We're hoping that together we can create a community of people who create and share designs freely, so that all can benefit from them.

Creative Commons has some useful further info:

Thingiverse is an “object sharing” site that enables anyone to upload the schematics, designs, and images for their projects. Users can then download and reuse the work in their projects using their own laser cutters, 3D printers, and analog tools. Think of it as a Flickr for the Maker set.

Besides implementing our licenses, Bre and Zach [Thingiverse's creators] have also gone the distance and allowed users to license works under the GNU GPL, LGPL, and BSD licenses, as well as allowing them to release works into the public domain.

Hardware is Like Software? - Ban Hardware Patents

I won't bother demolishing this sad little piece on why software patents are so delicious and yummy, because Mike Masnick has already done that with his customary flair.

But I would like to pick on something purports to be an argument in the former:

One needs to understand that there is fundamentally no difference between software and hardware; each is frequently expressed in terms of the other, interchangeably describing the same thing. For example, many microprocessors are conceptualized as software through the use of hardware description languages (HDL) such as Bluespec System Verilog and VHDL. The resulting HDL software code is downloaded to special microprocessors known as FPGAs (field programmable gate arrays), which can mimic a prospective chip's design and functions for testing. Eventually, the HDL code may be physically etched into silicon. Voilà! The software becomes hardware.

Well, that's jolly interesting, isn't it? Because it means that such hardware is in fact simply an instantiation of algorithms - hard-wired, to be sure, but no different from chiselling those algorithms in granite, say. And as even the most hardened patent fan concedes, pure knowledge such as mathematics is not patentable.

So the logical conclusion of this is not that software is patentable, but that such hardware *shouldn't* be. I'd go further: I suspect that anything formed by instantiating digial information in an analogue form - but which is not essentially analogue - should not be patentable. The only things that might be patentable are purely analogue objects - what most people would recognise as patentable things.

There is an added benefit to taking this approach, since it is also solves all those conundrums about whether virtual objects - in Second Life, for example - should be patentable. Clearly, they should not, because they are simply representations of digital entities. But if you wanted to make an analogue version - and not just a hard-wiring - you could reasonable seek a patent if it fulfilled the usual conditions.