Monday, March 2, 2009

Re: [Yasmin_discussions] ARTISTS AS INVENTORS ON YASMIN --- Moderator's Introduction

Hi Robert

That's useful. I think it might be very relevant to point out that the UK
law significantly differs -
here's the difference -
** The UK Intellectual Property Office will only grant you a patent if you
can prove the following:

1. your invention must be new and must not already exist already anywhere
else in the world;
2. it must 'involve an inventive step' – similar to the first rule. The
invention must be an original way to solve a problem that wouldn't be
obvious to someone who knows about the subject;
3. it must 'be capable of industrial application' and actually have a
real, practical use;
4. and it must not be a specifically excluded subject such as a business
method or a piece of software.

When it comes to the specifically excluded subjects - there is strong
feeling here that - as with concepts - that we must retain openess and
usability for things which are common, in the public domain or generic to
the point where - like a notation - they belong to all of us or none.

The reason the GPL license works so well in the free software area is that
it actually protects this openness.

Both the GPL and Creative Commons use the law creatively - and innovatively.
They are legal innovations (not inventions)....

That's probably all I will say for a while as I get very busy next few weeks
but I wanted to make some initial points to inform this ground of
discussion. I will be reading closely.....
and will enjoy

with best
Bronac

2009/3/2 <robert.thill@gmail.com>

> Thank you, Simón.
>
> The following are some basic definitions as a kind of baseline for the
> discussion. From here, maybe we can move into the more sophisticated
> areas of the social and technological implications in art and culture,
> which you have suggested.
>
> Definitions:
>
> Here is Merriam-Webster Online Dictionary's general definition of
> "invention" (The Web site will not allow me to copy and paste the
> contents. So, you need to click on the link):
> http://www.merriam-webster.com/dictionary/invention.
>
> Since we are talking about artists as inventors, here is what is
> offered by the same source for "inventor" (it redirects one to
> "invent"): http://www.merriam-webster.com/dictionary/inventor.
>
> Here is the United States Patent and Trademark Office's definition of
> "invention" from their glossary at USPTO,
> http://www.uspto.gov/main/glossary/index.html. (It is important to
> keep in mind that the creators of these definitions have specific
> stakes in them in relation to patents and U.S. law.)
>
> Invention: "any art or process (way of doing or making things),
> machine, manufacture, design, or composition of matter, or any new and
> useful improvement thereof, or any variety of plant, which is or may
> be patentable under the patent laws of the United States."
>
> Here is the USPTO definition of "inventor" from the same glossary:
>
> Inventor: "one who contributes to the conception of an invention. The
> patent law of the United States of America requires that the applicant
> in a patent application must be the inventor."
>
> Best,
>
> Robert
>
>
> On 3/2/09, Simón Pérez <jmurieta01@gmail.com> wrote:
> > >From Chile:
> >
> > I think we need to start this discussion with te parameters and
> categories
> > of what we think is an a invention there social and technological
> > implications in art and culture.
> >
> > I try to star with this.
> >
> > Sorry my bad english
> >
> > I think in names: Lawrence Lessig and Richard Stallman
> >
> > --
> > Simón Pérez Wilson
> > Sociólogo
> > Plataforma Cultura Digital
> > Investigador CIM / Ae
> > Las.Post
> > http://www.plataformaculturadigital.cl
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