relevant, if old article :
http://www.writingonyourpalm.net/column020422.htm
[The Congress shall have power] "To promote the progress of science and
useful arts, by securing for limited times
to authors and inventors the exclusive right
to their respective writings and
discoveries;"
-- Article I, Section 8, Clause 8 of the
United States Constitution
"Intellectual property law assures
authors the right to their original
expression, but encourages others to build
freely on the ideas that underlie it. This
result is neither unfair nor unfortunate: It
is the means by which intellectual property
law advances the progress of science and
art. We give authors certain exclusive
rights, but in exchange we get a richer
public domain... Nothing today, likely
nothing since we tamed fire, is genuinely
new: Culture, like science and technology,
grows by accretion, each new creator
building on the works of those who came
before. Overprotection stifles the very
creative forces it's supposed to nurture."
-- Judge Alex Kozinski, United States
Ninth Circuit Court of Appeals
"There is nothing new under the sun."
-- Ecclesiastes 1
His honor Kozinski "gets it".