A friend and I had a discussion yesterday about software patents, and he disagrees about the patent system in general. He claims that creators or software developers (with only copyrights as of the moment) should not be cashing-in on their finished original creations. Basically he disagrees with the patent system having an economical aspect, saying in the end software developers in general should just be given incentives.
I beg to disagree, because the economical side of the patent system is an adjunct of the concept of ownership. The creator as owner holds full, exclusive rights over his intellectual creation which naturally includes the right to regulate its use.
Then my friend said that the social aspect and not just the legal (or maybe he meant economical) aspect should be considered. (They always clash, don’t they? – The economic and the social.) Of course, Article 12 Section 6 of the Constitution states that the use of property bears a social function. Even the fundamental law of the land contains seemingly conflicting concepts.
But what exactly is the social aspect? Does that entail sacrifice? If so, to what extent? Sacrifice logically entails the giving up of a higher value in exchange for a lower value. Otherwise, it wouldn’t hurt. Giving value for value is not sacrifice. Theoretically there is no sacrifice in trade, or in the profit system.
I have yet to explain the social aspect.
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