The Silencing of Maya

The idea that we need patents to foster innovation is a self-serving lie. Most of human progress -- everything that got us to where we are now -- happens faster the more copying everyone does.

America industrialized faster than Great Britain thanks to widespread copying -- and this saved countless human lives by lifting millions of people out of poverty faster than otherwise possible. Today China is industrializing faster still by rampant copying, and good for them.

This story is just another great example. The patent holder is reluctant to enter the iOS market because they know it will cannibalize their existing very-expensive-device market. Too bad for them. The market should punish them for being slow to serve people in the best possible way. I don't care how much they invested in the idea. That investment has zero value to customers unless it's actually being applied to serve them on the terms they want.

Ah, thanks, I missed that bit.

I think presenting issues in this way is manipulative. Before I explain, I want to be clear that I truly do feel for this mother and her situation. I also think the patent system is irredeemably fucked to out it nicely. But if you're going to talk about real issues then you can't use stories like this to illustrate them because it's manipulative. Tugging on people's heart strings to push forward your philosophy/beliefs/ideas is a cheap ploy as old as time and it works because a story like this totally derails your ability to think rationally.

I wasn't clear on if the author of this piece was simply telling her tale of how the patent system had a profoundly negative impact on her and her family's lives or if it was meant to push ideas about patent reform or both. As far as the author goes, it doesn't matter because it's irrelevant. I feel for her no matter what her motivations were. We all do I'm sure. What is relevant is why it was posted on HN and it's not hard to guess it was to start a discussion on patent reform.

Now, I'm not stating a position for or against anything here (though I agree with the majority opinion here if you really want to know). What I am saying is that if you want to have a serious discussion about any issue you have to leave these emotional stories out of it because it's not fair and it's a cheap trick. People on both sides of any issue, yes, any issue, can come up with a heart wrenching story to get support.

If you want to discuss and debate an issue then debate it on facts and merit. If you want to empathize with people on either side of an issue then you're also free to do that too. One thing you cannot do, however, is both at the same time. Again, I have to reiterate that I'm totally on this mother's side. I have to keep repeating that because that's what these stories do! They suspend logic, get people all emotional, and the next thing you know people are reacting to things out of pure emotion without thinking no matter how logical the person they react to is being. Using emotion to put forth ideas is a manipulation that aims to hinder or completely stop any real, substantive discussion.

Apple's needlessly abusive design is the sole reason you don't have that choice. They reserved for themselves the power to obstruct the author's use of her own tools, which should be a human right second only to food and shelter.