Domain: quebecoislibre.org
Stories and comments across the archive that link to quebecoislibre.org.
Comments · 17
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Re:Small government?
The point he made is that you could, if you want to live in Somalia, for example, which is apparently a libertarian paradise.
- Is Somalia A Libertarian Paradise?
- Solamia "was an experiment in anarchy, not libertarianism. Libertarianism is dependant on a small government providing for the protection of rights and enforcement of contracts."
- "Somalia as libertarian paradise? "That response would, of course, be the one John Locke offered four centuries ago:"
liberty is to be free from restraint and violence from others, which cannot be where there is no law; and is not, as we are told, “a liberty for every man to do what he lists.” For who could be free, when every other man’s humour might domineer over him? But a liberty to dispose and order freely as he lists his person, actions, possessions, and his whole property within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.
Selective cognition is selective.
It most certainly is.
Falcon
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Re:Slashkos
Only if the public option allows that:
http://content.nejm.org/cgi/content/full/354/16/1661
http://www.quebecoislibre.org/04/040915-7.htm -
Re:If fire insurance were like medical insurance.
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Re:what phones use this?I just had an idea. It sounds great, which probably means it's awful. Ideas are dirt cheap. No wait, I take that back. People pay good money for dirt, in the right place, like a landfill. Patent inventions are so miniscule these days that they really shouldn't be active more than a couple of years anyway, but this allows the "little man" the flexibility he needs to compete with the big companies. That's the easiest way to "fix" most of what's wrong with the patent system, yes. However, it also takes away the incentive to patent stuff in the first place. If you are going to pay upwards of a million Euros (average real cost of a patent in the EU, including attorney fees, future litigation and so on) for a patent, you really want it to last. That's why applicants have come up with so many creative ways to extend their patents. Also, make patents non-transferable. You can't suddenly say "I didn't invent that, he did, go pay him." You can license your patent to someone (exclusively if you feel the need to do so) and let him do something with it, but the ability to innovate should not be taken away. A better way might be to introduce compulsary licensing. It has problems and loopholes of it's own, though. It depends a bit on what problem you are trying to solve.
Personally, I see so little gain from the system and so many costs - both open and hidden ones - that we might as well scrap the whole idea.
Again, this is a pretty good starting point: http://www.quebecoislibre.org/000902-3.htm
Coupled with statistics on what kind of patents are being granted these days, it just doesn't look like they work like intended. The lone inventor is a myth, big corporations use patent licenses to create cartels (there's a book called Information Feudalism by professors Peter Drahos and John Braithwaite, I highly recommend it - they interviewed about 50 people involved in the making of TRIPs) and inventors like James Watt and Håkan Lans go nuts trying to protect their patents instead of actually innovating. -
Re:what phones use this?Of course I don't propose to solve all the problems with the current system. That will most likely be the work of a large group of people specializing in that particular field. Well, so far they have just managed to make it worse. After all, this group of people would be the very same patent attorneys whose jobs depend on making more and more things patentable.
"In 1982, Congress created a special Court of Appeals for the Federal Circuit (CAFC) for all patent cases. The CAFC capped off this trend toward broader patent protection by ruling in 1998 that methods of doing business are patentable.
Patent claims for computer software and methods of doing business inundated the USPTO, and there were few records of prior inventions in these two areas against which to check new claims for novelty. Specious patents were awarded in droves. Far from retreating, the USPTO saw a bureaucratic upside to this surge in patent applications.
The USPTO realized that the fees from granting and maintaining patents created that rarest of American institutions--a government profit center. In fact, the USPTO started openly advocating that its performance be measured by the amount that it contributed to the public coffers."
http://members.forbes.com/asap/2002/0624/044_2.htm l a means to provide for a limited monopoly will overall lead to greater innovation. Really? Do you actually have any studies to support that claim?
"Actually, the authors of many empirical studies point out that patents do not play anything like a dominant role among the various mechanisms by which returns from innovation are captured. Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection. In the end, in virtually all branches of industry, the absence of patent protection would have had little or no impact on the innovative efforts of a majority of firms (Mazzoleni and Nelson, 1998; Cohen et al., 2000)."
http://www.quebecoislibre.org/000902-3.htm You listed 4 companies, 3 of which are production companies working in fields that will have little to no patents. Say again? First off, they were quite a bit more research-heavy when founded and many decades afterwards. In spite of this, Novartis is a leading drug manufacturer, spending over 5.3 billion dollars in 2006 on R&D and the Philips group spent 1.6 billion Euros. Either can hardly be described as only being "manufacturing" companies, both today hold thousands of patents. I'd love to see some links to those patent lawyer studies. http://slashdot.org/comments.pl?sid=237799&cid=194 36519 -
Re:what phones use this?
OK, so that wasn't really fair.
:-)
Here's the executive summary: http://www.quebecoislibre.org/000902-3.htm
Some more references:
http://wiki.ffii.org/Martin041109En
http://www.mises.org/journals/jls/15_2/15_2_1.pdf
http://www.iht.com/articles/2006/05/21/business/wh o.php
http://www.guardian.co.uk/globalisation/story/0,73 69,665969,00.html
http://www.dklevine.com/general/intellectual/again st.htm
http://www.thenation.com/doc/20020805/newman200207 25
http://www.economist.com/printedition/displaystory .cfm?story_id=5014990
"Within the past five or six years, economists in particular have started to question the USPTO's practices, finding little correlation, if any, between patent proliferation and invention. Economists have identified many situations in which patents actually retard the introduction of new products. "
http://members.forbes.com/asap/2002/0624/044.html -
Re:One lawyer for sure out of job, more might follThe 90's called - they want their lameass-internet-stock-bubble-VC-speak back. 2005 called - they want their stale jokes back.
Actually, the authors of many empirical studies point out that patents do not play anything like a dominant role among the various mechanisms by which returns from innovation are captured. Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection. In the end, in virtually all branches of industry, the absence of patent protection would have had little or no impact on the innovative efforts of a majority of firms (Mazzoleni and Nelson, 1998; Cohen et al., 2000).
http://www.quebecoislibre.org/000902-3.htm -
Re:Patent economics 101
sure that they would be able to recover thoses costs by haveing the right to control how and by whom it is produced
This is a fallacy. Revenue is not magically generated by having control over production, nor is control over production a guarantee of profit.
Explain to me how even the current patent system hurts the inventor.
In many ways, but mainly because the patent system has become a game for the Big Guys who can afford the law suits or defend themselves by using their own patents. Small inventors with one or two patents don't stand a chance. This article is but one example of this scenario. The way the multi-nationals use cross-licensing as a legal way of creating cartels is also pretty sickening (I recommend the excellent book Information Feudalism by Peter Drahos and John Braithwaite for more on that).
For a more general discussion around the patent system and some of it's problems, I direct you to a few references on the topic:
http://wiki.ffii.org/Martin041109En
http://www.quebecoislibre.org/000902-3.htm
http://www.guardian.co.uk/globalisation/story/0,73 69,665969,00.html
http://www.thenation.com/doc/20020805/newman200207 25
http://www.iht.com/articles/2006/05/21/business/wh o.php
http://www.dklevine.com/general/intellectual/again st.htm
http://www.cepr.net/publications/intellectual_prop erty_2004_09.htm -
Re:Abolish patents?You guys don't seem to have the ability to think one step further.
So why stop with one step? Take two. Read up on Big Pharma's annual reports and pay close attention to the R&D costs column. Most of them have a number there corresponding to around 15% of their total costs. Now check how much R&D is paid for by the federal government and how much of Big Pharma's sales is paid for by federal money (ie your tax money).
Here, I'll help you get started:
The basic numbers are very striking. If drug prices in the United States were to fall by 70 percent in the absence of patent protection, it would amount to savings of more than $140 billion a year, given 2005 spending levels. This is almost six times as much as the industry claims it is currently spending on research. Since half of this money may go to research copycat drugs of little social value, the savings from eliminating drug patents in the United States may be more than 10 times as large as the spending necessary to replace the useful research performed by the pharmaceutical industry.
Dean Bakerbecause they are guaranteed to not make a return on their investment.
You keep repeating that, as if repeating it makes it true. It does not. Again, check the facts and the numbers. That patents could in some magical way provide inventors with a income guarantee is a myth, not to mention that the proposition that patents somehow could be the only way to reap profits from an invention is a complete and total fabrication. It simply is not true. Patents are one of the most ineffective wealth distributors ever created, unless you're a patent lawyer or a patent troll. Please, don't be a troll.
Actually, the authors of many empirical studies point out that patents do not play anything like a dominant role among the various mechanisms by which returns from innovation are captured. Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection. In the end, in virtually all branches of industry, the absence of patent protection would have had little or no impact on the innovative efforts of a majority of firms (Mazzoleni and Nelson, 1998; Cohen et al., 2000).
Pierre Desrochers -
Re:Abolish patents?Im glad arguments like this didnt win out 10 years ago, or I'd be sat at a 386 PC right now.
Meanwhile, in the real world, IBM's patents LOST to Compaq's copying, which spurred the computer revolution as we know it. If IBM had been successful in "protecting their IP", you would probably be sitting at a 486 right now. Running OS/2.
Patents do not drive profits. Innovation does. Innovation does not depend on patents, they depend on being first-to-market. Patents slow down that process. These processes are in fact very well studied. R&D does NOT substantially rely on patent protection.
Actually, the authors of many empirical studies point out that patents do not play anything like a dominant role among the various mechanisms by which returns from innovation are captured. Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection. In the end, in virtually all branches of industry, the absence of patent protection would have had little or no impact on the innovative efforts of a majority of firms (Mazzoleni and Nelson, 1998; Cohen et al., 2000).
Pierre Desrochers, Johns Hopkins University -
Re:Abolish patents?Why borrow/invest $100,000 if it's going to be lost, taken over by "all humanity"?
Because patents DO NOT guarantee him a profit in any way, shape or form. To imply otherwise is just perpetuating a myth.
Actually, the authors of many empirical studies point out that patents do not play anything like a dominant role among the various mechanisms by which returns from innovation are captured. Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection. In the end, in virtually all branches of industry, the absence of patent protection would have had little or no impact on the innovative efforts of a majority of firms (Mazzoleni and Nelson, 1998; Cohen et al., 2000).
Pierre Desrochers, Johns Hopkins University -
Re:Abolish patents?Not an unlimited chance, you understand, but a chance.
But he would still have that chance. He can still have Honda sign a NDA, he can still outsource manufacturing, he can still sell the idea to someone who'll take it further... None of those options actually depend on patents. People still invented and got rich off their inventions before patents were invented and people still get rich off non-patented inventions today.
Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection.
Pierre Desrochers, Johns Hopkins UniversityBut, remember that "humanity" did not develop the engine
As many psychologists and historians of technology have shown, innovation does not proceed through major breakthroughs by specific individuals, but rather through the collaboration of different people who, through small and cumulative improvements, yield novel and useful artifacts over time (Basalla, 1988). All of patent law, on the other hand, is based on the assumption that an invention is a discrete and novel entity that can be assigned to the individual who is determined by the courts to be its legitimate creator. The associations of an invention with other existing or past artifacts are therefore obscured. Despite its philosophical foundation, however, the patent system cannot entirely obscure the true nature of technological change. As I have already mentioned, virtually every new patent infringes in some way on other patents. Furthermore, most patented innovation are typically very minor improvements.
Pierre Desrochers, Johns Hopkins UniversityYes, there should be provisions in patent law that say, "if you choose to do nothing with this invention you forfeit your patent rights", but this example does not invalidate patents as a whole.
And how would you enforce that provision? No, that example alone does not invalidate the patent system, but that in combination with all the others, do. Like the one where two companies invent the same thing at the same time, but only one can be awarded a patent, effectively "stealing" the work of the other. And yes, this is actually a pretty common occurance since most inventions seem to come about when they are "ready", ie when the inventors get the necessary creative sparks from the rest of the world. Or like the examples of the patent trolls, the hoarders and the minefield layers...
There are very real situations when a patent system is beneficial
Name three.
pinko ideas
Let's see here; I want a free market for ideas and knowledge, while you want the government to control it and you call ME a pinko? That's pretty rich.
to prevent undercutting and market espionage
Aha! But patents do NOT prevent any of those. There are separate laws against them which have nothing whatsoever to do with patents.
I suggest you read up on the mounting criticism against the whole notion of locking up ideas. You can start with that old pinko Thomas Jefferson:
It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it.
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Re:Abolish patents?Not an unlimited chance, you understand, but a chance.
But he would still have that chance. He can still have Honda sign a NDA, he can still outsource manufacturing, he can still sell the idea to someone who'll take it further... None of those options actually depend on patents. People still invented and got rich off their inventions before patents were invented and people still get rich off non-patented inventions today.
Indeed, for most firms trade secrets, know-how, lead time to markets, continuing technological innovation, licensing, name recognition, service capabilities and the use of complementary marketing and manufacturing capabilities are often deemed more effective than patent protection.
Pierre Desrochers, Johns Hopkins UniversityBut, remember that "humanity" did not develop the engine
As many psychologists and historians of technology have shown, innovation does not proceed through major breakthroughs by specific individuals, but rather through the collaboration of different people who, through small and cumulative improvements, yield novel and useful artifacts over time (Basalla, 1988). All of patent law, on the other hand, is based on the assumption that an invention is a discrete and novel entity that can be assigned to the individual who is determined by the courts to be its legitimate creator. The associations of an invention with other existing or past artifacts are therefore obscured. Despite its philosophical foundation, however, the patent system cannot entirely obscure the true nature of technological change. As I have already mentioned, virtually every new patent infringes in some way on other patents. Furthermore, most patented innovation are typically very minor improvements.
Pierre Desrochers, Johns Hopkins UniversityYes, there should be provisions in patent law that say, "if you choose to do nothing with this invention you forfeit your patent rights", but this example does not invalidate patents as a whole.
And how would you enforce that provision? No, that example alone does not invalidate the patent system, but that in combination with all the others, do. Like the one where two companies invent the same thing at the same time, but only one can be awarded a patent, effectively "stealing" the work of the other. And yes, this is actually a pretty common occurance since most inventions seem to come about when they are "ready", ie when the inventors get the necessary creative sparks from the rest of the world. Or like the examples of the patent trolls, the hoarders and the minefield layers...
There are very real situations when a patent system is beneficial
Name three.
pinko ideas
Let's see here; I want a free market for ideas and knowledge, while you want the government to control it and you call ME a pinko? That's pretty rich.
to prevent undercutting and market espionage
Aha! But patents do NOT prevent any of those. There are separate laws against them which have nothing whatsoever to do with patents.
I suggest you read up on the mounting criticism against the whole notion of locking up ideas. You can start with that old pinko Thomas Jefferson:
It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it.
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Re:Religion will continue to lose...
Science will never present us with a peer-reviewed study proving once and for all that you should be good to your fellow man
Interesting claim! I have two ideas that may spark some discussion.
Economics is a form of science, and one interesting branch of economic study is the study of cooperation. Some economists study this through statistics and computer modeling (http://www.brook.edu/es/dynamics/models/pd.htm). Some economists and psychologists study this through models of happiness (http://www.quebecoislibre.org/05/050415-16.htm). Some study this through research into primate behavior (http://www.primates.com/monkeys/fairness.html). The general consensus is that, although a free economic system requires there to be some level of competition, cooperation and mutual assistance are innately bred into us by natural selection, since it helps us achieve things we could not achieve alone.
Philosophy, the study of thought that gave rise to modern scientific theory (http://www.constitution.org/bacon/nov_org.htm), has always been capable of tackling these moral issues. Some of the the best writing on the topic of justice includes John Rawls "Justice as Fairness" (http://www.amazon.com/exec/obidos/tg/detail/-/06
7 4005112/002-0144128-7693626?v=glance), in which he argues that the best possible society is one in which we are all treated fairly. He has a pretty clever way of defining fairness, too. If you dislike Rawls, there are tons of other philosophers to choose from who have created logical arguments for treating men justly - Socrates and Locke are two others you may wish to read, or Hospers if you're into the libertarian thing (although his vision of fairness can occasionally sound a little like the mindless pursuit of wealth).Science is a process that we can use to evaluate ideas through objective criteria. It makes no difference whether those ideas are biological, astronomical, legal, or moral. As long as we have an objective, measurable goal, we can use the scientific method to try to better understand which ideas work and which ideas don't.
To respond to your rhetorical questions, yes, economics does show us that there is a lot to be gained by eliminating hunger. Philosophy and ethical theory does indeed show us that we can achieve more if we pursue our interests living within a just and fair social framework.
What does make me very sad is when people say that you cannot be a good, moral person if you don't believe in God. Neither one causes the other.
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Re:communism
Only the largest most highly profitable Oil and Defense Companies should should get Billions of $ in government handouts, like the Bush energy "plan".
What do they say, "In the US, it is communism for the rich and [I can't remember the rest]..."
http://www.quebecoislibre.org/05/050415-16.htm -
Caveat emptor
While it's surely a good thing that people will soon have the option of receiving foreign (i.e. States) programming, we need to look at the big picture.
What a lot of people don't realize is the gradual demise of free speach in Canada.
Want to be fined for calling someone a queer? Maybe you deserve a bloody lip, but does 1000$ from your pocket sound better? An excellent summary of what's going on can be found on the Volokh Conspiracy (I stumbled upon it by chance): http://volokh.com/archives/archive_2004_10_07.shtm l#1097586698
Moreover, the recent controversy surrounding the refusal of the federal communication commission (CRTC) to renew the licence of a Québec-based private radio station on the grounds that its content was inacceptable. This link, in French, provides a good résumé: http://www.quebecoislibre.org/04/040915-15.htm (Other articles include a history of the Canadian government censorship of private broadcasters.) If the libertarian blog "Le Québécois Libre" isn't to your taste, you can surely find the story on the CBC's or Radio Canada's web site.
Canada is a great place. Québec even better. :-D But free speech is rapidly becoming more and more restricted. I believe that despite what's going on in the States, they have more liberties in this regard and quite frankly, I'm jealous! -
Intellectual BankingApart from the (numerous) technical problems, I have a philosophical problem with this company. As has been pointed out, their "product" appears to be vaporware. A quick read of their FAQ ("How can a licensee profit?") reveals the truth: This company has simply cottoned on to an idea they believe will become significant in the future. They are, essentially, claiming "first dibs" on some intellectual territory, and hope to sit back and reap the license fees.
So no, I wouldn't expect to see any tubes erected by ET3. Now or ever. This is just another example of the deep flaws in the patent system.