Taking Away Intellectual Property Protection For Those With Market Power

from the interesting-ideas dept

Over at Silicon.com, someone has come up with an interesting suggestion for adjusting intellectual property laws for software - saying that if you own more than 50% of the market, you should be forced to give away your product - and its source code - for free. The writer then makes some very good points about why forcing companies to give away their software isn't unfair - and how they should still be able to make plenty of money with such market power, even if the offering was free. I agree that companies can still make money offering software for free, but I don't think the overall suggestion is that good. If a company wants to charge for software, that's their business. Furthermore, any such "forced freeness" would lead to unintended consequences as companies and users tried to game the system. The big question, of course, is how would the markets be defined? Software companies will suddenly start redefining their markets to make them as broad as possible, to give them smaller market share numbers for the purposes of such a rule. Already, we see the opposite happening for PR purposes. Just how many software companies are the "leader" in their market - after redefining that market to make sure they're basically the only player?

6 Comments | Leave a Comment..


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  1.  

    Bad Idea

    identicon
    BoilerBob, Jan 6th, 2004 @ 6:33am

    It seems to me that what this argument is saying is pretty much what Microsoft is doing. They give away IE to destroy Netscape, they give away Media Player to destroy RealPlayer. I don't see this as a way to balance the playing field.

    reply to this | link to this | view in thread ]

  2.  

    Re: Bad Idea

    identicon
    Anonymous Coward, Jan 6th, 2004 @ 8:05am


    No, Microsoft is giving away an application, not the code or the publishing/copyrights rights.
    In fact, YOU can't distribute IE without an EULA.

    Get's more interesting if you apply the concept to the under-lying code/rights, especially when applied to market dominating operating systems.

    Hmmm? Open source Windoze. Blessing or curse.

    reply to this | link to this | view in thread ]

  3.  

    no more new ideas

    identicon
    aNonMooseCowherd, Jan 6th, 2004 @ 8:36am

    Taken literally, this idea would completely stifle any *real* innovation, because every truly new product would, by definition (of "new"), immediately have 100% of its market.

    reply to this | link to this | view in thread ]

  4.  

    Re: no more new ideas

    identicon
    Anonymous Coward, Jan 6th, 2004 @ 8:57am


    I hope that's facetious scarcasm, and I know for sure you're not a lawyer.





    reply to this | link to this | view in thread ]

  5.  

    Re: no more new ideas

    identicon
    Anonymous Coward, Jan 6th, 2004 @ 9:03am

    read "Atlas Shrugged"....

    reply to this | link to this | view in thread ]

  6.  

    Re: Bad Idea

    identicon
    Anonymous Coward, Jan 6th, 2004 @ 5:33pm

    reply to this | link to this | view in thread ]


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