Subject: [TS] Re: best usage vs. ownership
From: Michael Simcich (msimcich@accesstools.com)
Date: Wed Mar 15 2000 - 21:21:44 EST
Andrius -
The fact is that all of this is wearying for everyone that has an interest
in the realm. Possibly excepting TheBrain LLC, who almost has to have
intended to stress any other existing or future developers of like-kind
software. If they didn't intend to interfere with the development of other
multilinking-dynamic-mindmap-etc interfaces they'd have never written the
following:
"(The patents) issuance creates a significant barrier to entry for companies
considering developing similar technology and solidifies TheBrain.com's
position as the leading provider of visual information environments."
The only two kinds of barriers that I can imagine they were hoping would be
created would be (1) fear engendered by the threat of a patent infringement
lawsuit, or (2) an actual patent infringement lawsuit. This is poisoning the
well, the well of thought organization.
As far as I can tell, all of those who've read the patent think it covers
just about everything but the kitchen sink, and that there is prior art
sufficient to have the patent rejected in a court of law. But as I'm sure
TheBrain LLC is aware, the litigation involved to get it overturned would
likely be extremely expensive. I'd guess that this could mean that a well
backed company might be bold enough to "fly in the face" of the patent, and
hope that the patent is tossed out if The Brain LLC sues. But I also think
that it means that an open source or thinly capitalized effort could not
risk such a confrontation. The upshot is that TheBrain LLC's patent could
kill off or alter the course of a vital and developing area of software
development by small scale inventors and experimentors. This must be exactly
what the patent filers wished for. What a pitiful and destructive mentality.
This is why I've tried to bring attention to the issue; I think it could be
a "silent killer".
I am quite dissapointed if Minciu Sodas as a group will not register a
strong complaint with TheBrain LLC. This could be done privately, if they
are willing to publicly state that the patent will never be used to shut
down other efforts, and publicly if they are not willing to do so. Even if
it costs the lab the support of TheBrain LLC. For whatever they've
contributed, it appears that TheBrain LLC now represents a threat to free
thinking and expression in this important area.
Incidentally, I'm not working on a software project which could be even
remotely construed as being "brain-like". I had a need for something like it
as an interface aid for a large web-based project. I envisioned such
"brain-like" software, and had discovered several of the other similiar
packages that exist out there. I was glad to find TheBrain, and possibly
unlike some others, found the firm responsable was moving it along. However
I'm very unhappy with the prospect of a dynamic multi-linked interface
monopoly. I am responsable for several others' purchases of TheBrain, but I
and those who heard of it from me, all of whom are developers, will never
recommend the product to anyone else, or use it for any of our projects.
Before, I had every reason to wish for the continued sucess of Natrificial;
now I have every reason to hope for it's failure.
Michael Simcich
AccessTools
-----Original Message-----
From: Andrius Kulikauskas [mailto:ms@ms.lt]
Sent: Tuesday, March 14, 2000 10:47 PM
To: Michael Simcich; thoughtstream@egroups.com
Subject: Re: best usage vs. ownership
Hi Michael,
Thanks for your letter.
You've stirred up a lot of excitement, which I admire. The subject
you raise is good to be aware of, and you're welcome to raise it at our
discussion group minciu_sodas_en@egroups.com which is free for all to
join.
I haven't seen the patent that you refer to. It would be good if you
could send it to me, or point me to it.
We're a forum for getting things done that advance caring about
thinking. It's so hard to get things done. TheBrain has done, and is
doing, so much. I'm willing to help others - like Thoughtstream - get
things done. I don't have any energy to get in the way of very busy
people doing their work, especially people working with us.
The US judicial system has an idea I like a lot. They don't judge
hypotheticals, only real cases. There can be lots of problems with the
laws, but the courts don't care until there is a real life case that
involves them. It turns out that most problems with laws aren't
problems as far as real life is concerned.
What is the positive thing that we are striving for? If you like, we
can discuss this through minciu_sodas-en@egroups.com It's not practical
for me to write one-on-one correspondence because my job is to help
people network. But I can foster discussion, and as time allows, reply,
through our discussion group. Of course, you have other groups, no
shortage of them.
What I can offer is that through our laboratory your passion and idea
may evolve into an endeavor related to caring about thinking that others
might want to join. I am sure that it would be much bigger than just
TheBrain or even the patent system. We do have an objective "Access to
Creativity" for people who want to think thoughts other than their own.
Personally, I don't think that "ownership" is a useful concept. I
don't think morally we have any absolute right over anything, nor do we
have the right to any priveliges. Instead, morally there is "best
usage". That means that I myself may use my clothes, or my car (if I
had one), only so long as I put them to best usage. If someone can put
them to better usage, they should. It turns out, though, that nobody
around wants my used clothes. It turns out, that there's a lot of
people who should have more money - and more responsibility for it -
then me because they're better at spending it and I've got other things
to worry about. I think that if we focused on "best usage" instead of
"ownership", then the world would probably only change 5% on the
surface, but 95% in terms of how we relate to each other.
That would be a great objective. Your passion comes from a moral
issue. I simply hope that skirmishing over legal issues does not get
disconnected from the deep moral issues, which involve all of us. It's
a moral issue, for example, what is the best usage for our time. It's
immoral to do just whatever we want with it.
I send a copy to thoughtstream@egroups.com, and thanks for
approaching me and informing me.
Andrius Kulikauskas
Director
Minciu Sodas Laboratory
www.ms.lt
ms@ms.lt
Michael Simcich wrote:
>
> It's of primary concern to me that TheBrain LLC not be permitted to step
on
> other similiar manifestations of relating nodes of information. I know
that
> The Brain is some of your main sponsors. In spite of this, I think it
would
> be appropriate for the lab members to issue a public statement about the
> patent(s) expressing the group's stance. In your letter to the eGroup,
which
> I thank you for forwarding to me, you say that you assume that the patent
> was taken meerly in order to protect theBrain's work. If by this you mean
> that they may have taken the patent in order to prevent some other firm
from
> aquiring such a patent and forcing TheBrain to pay royalties or something
> similiar, I think you are mistaken. There press release tells us very
> clearly that they intend to use the patent to dominate the space: "Its
> issuance creates a significant barrier to entry for companies considering
> developing similar technology and solidifies TheBrain.com's position as
the
> leading provider of visual
> information environments."
>
> I know you and the other members have absolutely no interest in muddling
> with this type of issue; really none of us do. But it's becoming apparent
to
> many of us that things are changing in our thought-world as it becomes
more
> central to the general populace and to corporate interests. We have to
make
> it clear to "land grabbers" that entire domains of intellectual property
> should not become anyone's sole posession. You and the other members of
the
> lab are in a special position here as you are both highly involved in the
> sphere of interest and are sponsored by TheBrain. Please use your position
> to get TheBrain LLC to release these patents to the public domain.
>
> Michael Simcich
> AccessTools
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