The drifted SCO thread has opened a new arena. "IS there a place for a de facto IP freedom realm"

[Jack]

> these things.  In order to get a patent, the thing
> you're trying to patent
> has to actually work.
That's not actually entirely true, but should be. I
could create a method for creating an automated
whack-a-mole gizmoatomizer, and create outlandish
claims for it, that can't be proven with current
technology, but if someone comes along and actually
creates one, well I already own the patent. That is
the major flaw in patent law, if you come up with this
fantastic novel idea that it isn't possible to make
work now, but could work or you can convince the
patent office it could conceivably work, given the
proper technology you get the patent. If I had a
million $ to blow, I'd probably write a program to
create patent applications and flood the patent
process with them, then give all the patents aways as
public domain. Want to bet how fast the patent law
would get fixed if I did that?

That said, y'all are miscontruing what copyright law
is all about, and BTW RIAA et al are trying SOOOO hard
to change. Copyright law is "designed" to give an
author certain "rights" to works they create, ie that
means that without copyright law authors have no
established rights to works they create. Authors do
not have absolute right to their works. Let's say you
write a SCI-FI dramatic novel. I can take your entire
novel 
and create a comedic SCI-FI novel that is a complete
mirror of your novel, and you can't stop me or make me
pay you anything. It's fair use. Example Star Wars ->
Space Balls. Now I don't know if, the makers of Space
Balls paid anything to do that work, but the point is
they didn't "have to". Generally though most in the
industry try to get permission and wind up paying hush
money to avoid battles like that. Courts have
consistently supported this, although there is a
recent case in NY that went counter to this, and will
be overturned on appeal. So the caveat that you never
know what the result of a court might decide in any
given case is true. However, given that, the more
precedent you have on your side, the better your
chance to win ultimately is. If you have the bucks to
and determination to see it through.