Unfortunately, Kirby totally overlooks the important distinction between
using material in the public domain (eg old folk tunes) and proprietary private property,
as well as not attending to the well developed law of derivative copyright works and
obviousness and related issues in patent law.
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Daniel,
From my perspective, you miss the broader point. Would society have been better served if Xerox had patented the Mouse? At the time I certainly wanted Apple to prevail against MS. However, I don't think we would have the marvelous technology we have today if Apple would have won. I think early Steve served society better than late steve. Neither was playing stricly in the arena of public domain as you imply.