A Replacement Term for 'Intellectual Property'?
femto asks: "Every time I read the words 'intellectual property', I get peeved off. It is an oxymoron. A term loaded with invalid assumptions. To even use such words is an admission that intellect can be owned and controlled like a car, clothing or other thing made of atoms. Can anyone propose a replacement for the words 'Intellectual Property'? Something that implies intellect cannot be owned. Something that implies [what Jefferson once said]: 'He who lites his taper at mine, receives light without darkening me.' Once we have this term, we need to get it accepted. Use it in publications. Cite these publications to get it in dictionaries. Get the term into everyday conversation and writing. So far, the best I have come up with is 'Intellectual Controls'. Can Slashdot come up with something better?"
I assume you've seend .html
http://www.gnu.org/philosophy/words-to-avoi
Personally, I find it easiest to call a spade a spade - if you're talking about patents, call them patents, copyrights copyrights etc. The default nature of information and ideas is free - look at the past 4000 years or so of science. The idea of saying "so and so is mine" or "only I'm allowed to do this" with respect to ideas is pretty new, to the best of my knowledge.
I think it's very relevant because usage makes the language. I don't like this either, but it's a fact. I've observed the following instances of people fighting against this.
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ESR's attempts to reclaim the word "hacker" when (to the non computing public) it clearly includes "crackers." This is probably mostly do to the fact that they are the only ones doing anything that would appear interesting on a silver screen. Can you imagine a movie about kernel module development? I'll take Battlefiled Earth thank you. But I digress.
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Liberals true to the ideals set forth early in US history are quite different from Socialists, and in conversation they will point this out and attempt to reclaim the term, unsuccessfully for the most part.
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Bugs, to most people, seems to include any non-aquatic invertebrates that crawl. If you use the term around entomologists, you'll get a speech to the effect that "True bugs belong to the order Hemiptera" and they go on about leathery based hemelytra in much the same helpful and nourishing fashion as CdotZinger above.
The ugly fact these three observations have in common is that common usage adds meanings to words. In some cases these connotations are objectionable, and it doesn't seem at all unreasonable to look for new terms that lack the objectionable connotations.I consider patents, trademarks, copyrights and trade secrets to be what I'm referring to when I say "IP." As such it's a very convenient term to use in conversation.
SCO and other large companies before them have attempted to add an additional, non-legal, but purportedly moral connotation to this term. They have been selling the public on the idea that they do in fact own "ideas." That this ownership is called "IP" and that it is their legal right. They are specifically selling the concept that if they do something first in their software, that every future piece of software that serves the same function is in part their "intellectual property." A term they use very much in the sense of "owned ideas" and not at all in the sense of "products primarily of the labor of the mind."
Even though he elsewhere acknowledges that the parts of Linux that were allegedly copied can be replaced, (thus eliminating the application of Copyright's derived works section), Blake Stowell (SCO spokesman) still maintains: "Linux could still be used; it just wouldn't be free," Stowell said. "These people are upset because they've been enjoying a free ride for some time. They're upset their free ride will potentially be gone."
So exactly what gives him the right to tax our cup of tea?
He doesn't have a patent on SMP. He won't have even have the desperately weak copyright claim 24 hours after the "offending code" gets published. He doesn't own the Trademark, and it's clearly not a Trade Secret.
He is convinced that we who use Linux owe him money based on this nebulous 5th category based on the principal of "idea ownership."
I think femto is very right to want his/her conversations to lack endorsement of this stupidity, and I wish him/her good luck in coming up with a good replacement. Till then when people refer to IP, I will gently and without a hint of corrective authority ask them to clarify which aspect of IP they are referring to, and we'll talk about it "long hand" until such time as someone answers femto's question with a catchy, Jefferson compatible, substitute.
The assumption of unowned Intellectual Property is called (brace yourself): an idea. When it is associated with a person it is my idea or Jim's idea. If its useful then its a useful idea. OK, go ahead and start work on getting this magical wonder word introduced into the dictionary. I'll talk all the lawyers into changing all the IP law.
Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF