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Nobel Laureate Attacks Medical Intellectual Property

An anonymous reader writes "Nobel prize-winning economist Joseph Stiglitz, who was fired by the World Bank blasted drug patents in an editorial in the British Medical Journal titled 'Scrooge and intellectual property rights.' 'Knowledge is like a candle, when one candle lights another it does not diminish its light.' In medicine, patents cost lives. The US patent for turmeric didn't stimulate research, and restricted access by the Indian poor who actually discovered it hundreds of years ago. 'These rights were intended to reduce access to generic medicines and they succeeded.' Billions of people, who live on $2-3 a day, could no longer afford the drugs they needed. Drug companies spend more on advertising and marketing than on research. A few scientists beat the human genome project and patented breast cancer genes; so now the cost of testing women for breast cancer is 'enormous.'"

449 comments

  1. Patented Breast Cancer Genes? by OverlordQ · · Score: 2, Insightful

    How can you patent something that is a 'naturally' (using that term loosely) occurring genetic abnormality?

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 1, Insightful

      You can patent anything if your government is stupid enough to pass the laws.

    2. Re:Patented Breast Cancer Genes? by mattjb0010 · · Score: 3, Informative

      How can you patent something that is a 'naturally' (using that term loosely) occurring genetic abnormality?

      click

    3. Re:Patented Breast Cancer Genes? by ArcticCelt · · Score: 1

      When do people will revolt and hang those bastards?

      --

      Yahh, hiii haaaaa! -Major Kong, from Dr. Strangelove
    4. Re:Patented Breast Cancer Genes? by cnettel · · Score: 4, Informative
      It's the detection methods and the connection to breast cancer, not the nucleotide sequence itself, that's covered by the patent. Compare this with the original discovery of blood groups for transfusions, that was patentable as well. Coming up with good protocols for inducing the proper antibodies in animals (one way to do it), for example.

      In this case, the specific sequences connected to the disease was not common knowledge beforehand. In addition, you have to come up with relevant primers to amplify the relevant sequence in a specific, yet reproducible, manner to aid detection. I don't think anyone has really tried to challenge the exact scope of the patent, as it might be possible to circumvent it by changing the method or even trying to purify and detect the protein product instead. (However, that would NOT be a trivial thing to do, much harder than the current genetic test.)

    5. Re:Patented Breast Cancer Genes? by fishbowl · · Score: 2, Interesting


      >You can patent anything if your government is stupid enough to pass the laws.

      If people allow their government to do the cowardly thing and obey US laws, even though they are not actually subject to them, maybe they deserve to die.

      --
      -fb Everything not expressly forbidden is now mandatory.
    6. Re:Patented Breast Cancer Genes? by Kensai7 · · Score: 1

      Detection and treating methods can be patented. A malady and its underpinnings not. That said, patents indeed slow down low-cost access to pharmaceuticals.

      --
      "Sum Ergo Cogito"
    7. Re:Patented Breast Cancer Genes? by kunji_da_man · · Score: 2, Insightful

      probably means that the particular strand of genes that causes breast cancer was found first by the few scientists. They patent this genetic sequence as their IP. When we are looking for breast cancer abnormality and use a machine that examines gene sequences, it is basically looking for that sth these few cheap ass loserlies patented. If there aint no other gene sequence that causes breast cancer for all of life as we know it, they own practically all remaining hope for the breast cancer afflicted life on earth. Kunz

    8. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      However, that would NOT be a trivial thing to do, much harder than the current genetic test

      AND it would be patentable.

    9. Re:Patented Breast Cancer Genes? by Dunbal · · Score: 1, Interesting

      How can you patent something that is a 'naturally' (using that term loosely) occurring genetic abnormality?

            In the US, you can patent anything, apparently. Not only that, but I sure as hell am willing to bet the owner of the material that was used to "find" the genes in question or his/her family hasn't received a penny's worth of royalties...No, they got their $50 for participating in the study. Thank you, bye bye.

      --
      Seven puppies were harmed during the making of this post.
    10. Re:Patented Breast Cancer Genes? by AuMatar · · Score: 1

      I got a rope. Anyone with a pitchfork and a torch?

      --
      I still have more fans than freaks. WTF is wrong with you people?
    11. Re:Patented Breast Cancer Genes? by WilliamSChips · · Score: 4, Insightful

      You assume the United States is the only one with a stupid government.

      --
      Please, for the good of Humanity, vote Obama.
    12. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 3, Interesting
      How can you patent something that is a 'naturally' (using that term loosely) occurring genetic abnormality?

      You'll never see a patent claim written for "an anomaly." No one wants to patent a gene that causes a disease - regardless of whether the anomaly is naturally or artificially induced.

      What you will see are patent claims for new inventions that rely on the discovery of such an anomaly and its effects. Depending on what the anomaly does and how you want to treat it, here are some sample claims for such inventions:

      • "A method of treating [a particular disease], comprising: [some kind of genetic engineering method to fix the anomaly]."
      • "A method of treating [a particular disease], comprising: [some method of blocking the expression of the anomalous gene]."
      • "A composition useful for treating [a particular disease], comprising: [some kind of protein that adheres to the anomalous gene and blocks its expression]."
      • "A method of treating [a particular disease], comprising: [administering the correct protein that the anomalous gene isn't expressing]."
      • "A method of treating [a particular disease], comprising: [some method of socking up a disease-causing protein product of the anomalous gene]."
      • "A composition useful for treating [a particular disease], comrpising: [some kind of protein that socks up a disease-causing product of the anomalous gene]."
      ...etc.

      Similarly, no one can patent "turmeric." Last I checked, "turmeric" isn't novel, as any Durkee's spice catalog from the 1960's or so will indicate. But a company might discover that turmeric has a previously unknown therapeutic property, and may patent the use of turmeric for that purpose.

      Sorry, folks - the patent system is rarely as insane as extremists make it out to be.

      - David Stein

    13. Re:Patented Breast Cancer Genes? by fishbowl · · Score: 0, Flamebait


      >You assume the United States is the only one with a stupid government.

      Not at all. On the other hand, I presume that other nations have people who will stand up to tyranny -- USAn's are already defeated.

      --
      -fb Everything not expressly forbidden is now mandatory.
    14. Re:Patented Breast Cancer Genes? by mabhatter654 · · Score: 1

      it's like the silly one-click patents... they didn't patent the "gene".. just the application of sciences to display "that" gene and then act on it to cure cancer. Current state of the art shows there's only 1 way to read a specific gene and the patent would be open enough...like the one click... that it covers "all" approaches regarding genes and a specific type of cancer. More like the recent Microsoft RSS feed, they "jumped ahead" of the govt researchers to patent the method of using the information before it could be free... like MS is patenting all sorts of RSS things so that even though they didn't create it, they "own" all the uses... I think in Medicine it will simply be taken when it gets too bad... after all, everybody cries how the govt isn't spending enough on Aids, Cancer, etc.. yet the money that does get spent gets spend on R&D... the "product development" is neatly compartmentalized so the "free" research gets patented as quickly as possible.

    15. Re:Patented Breast Cancer Genes? by DigitalRaptor · · Score: 4, Interesting

      Ask Monsanto. They have patents on over 11,000 crops, only about 10% of which are genetically modified. The rest are natural varieties, just as God / Nature created them.

      Of course, that could be because everyone that had anything to do with that aspect of the government at that time was a former Monsanto or former Monsanto subsidiary executive (for instance, John Asscroft, former Attorney General).

      When you "own" the government, in time you own everything else, too.

      --
      Lose Weight and Feel Great with Isagenix
    16. Re:Patented Breast Cancer Genes? by contrapunctus · · Score: 3, Insightful

      When you ask? When money is less important than someone else's life. As individuals, we may be 'good' but collectively, voting with dollars (and expecting return on investments in our retirement accounts), we are 'evil'.

    17. Re:Patented Breast Cancer Genes? by troll+-1 · · Score: 4, Informative

      Maybe because Article I, section 8 of the Constitution allows Congress to grant exclusive rights to authors and inventors for their respective "writings and discoveries".

    18. Re:Patented Breast Cancer Genes? by Mistlefoot · · Score: 4, Insightful

      It's interesting that a hospital or Dr. can be sued for watching a patient die and not helping but Pharmaceuticals do this everyday with no repercussions.

      I wonder if this could be winnable in a US court.....probably not....

      Why isn't this murder? Watching someone die a slow painful death when you could keep them alive is certainly not something that this country claims is humane.

    19. Re:Patented Breast Cancer Genes? by WilliamSChips · · Score: 3, Insightful

      Because in the United States corporations with lobbyists get the spoils.

      --
      Please, for the good of Humanity, vote Obama.
    20. Re:Patented Breast Cancer Genes? by AuMatar · · Score: 4, Insightful

      Its one of the failutes of capitalism- the market is very good at forcing competitive markets to be efficient, but its utterly incapable of making decisions where money is not the only determiner. Thats where government is supposed to step in and fix things. Unfortunately, our current government is so corrupt that it plays ball with the corporations rather than fixes things.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    21. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0, Flamebait

      Maybe but the only real thing the US produces anymore is intellectual property. Without tough and intergrated copyright and IP laws, the US economy would tank. I'd like to think that the US is so interested in IP as an alternative to the creation and exportation of real materials and work output but the global market provides US companies with an advantage that the US consumers will never have again.

      Our kids or our grand kids will be walking to school up hill both ways just as our grandparents did. Face the truth and prepare for it or milk it out and enjoy it while it lasts.

      The story behind "The Running Man" could become a reality. I hope "Mad Max 2" does not.

    22. Re:Patented Breast Cancer Genes? by Fordiman · · Score: 4, Insightful

      Were it true that the USAn's were under tyrrany, I'd not be able to speak out against my government, nor the corporations who presently have our freedom in a stranglehold.

      But I can. And I do. And so does Mr. Stiglitz.

      And Joe Stiglitz is a brilliant man. I set up for a talk of his at the Univeristy of Pennsylvania - he was railing aginst the present design of the insurance infrastructure in the US. Meanwhile, where most intellectuals are fine with identifying problems with a system, he talked out an all-out solution.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    23. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0
      Were it true that the USAn's were under tyrrany, I'd not be able to speak out against my government, nor the corporations who presently have our freedom in a stranglehold.
      But I can. And I do. And so does Mr. Stiglitz.

      I hate to sound so pessimistic, but it's all for nothing if it falls on deaf ears. The government doesn't give a shit about us. Yeah, I can say "Fuck the government" or read the "Anarchist's Cookbook", but I can't even carry shampoo on an airplane or rip a DVD that I legally purchased. People doing life in jail get to say whatever they want, too.

    24. Re:Patented Breast Cancer Genes? by timmarhy · · Score: 1

      exactly right. business needs to stay well out of health care, because it's the ultimate conflict of interest. and don't think for a second that drug companys wouldn't opt for an expensive treatment rather then a once off cure.

      --
      If you mod me down, I will become more powerful than you can imagine....
    25. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      This monopoly was meant for a LIMITED time period. I agree with other posters that eniment domain should be used against these patent holders. Unfortunately, that will never happen because we the people are nothing but merchandise to be used by governments and their corporate sponsors.

      In order for there to be real change in governments, people need to quit voting for candidates in the major (bought and paid for) political parties. Even a whacked out kook running as a write-in candidate would probably be less corrupt than most people in congresses and legislators of today. Besides an all out fight with the guns and molotov cocktails, I do not see any other means of change barring the second coming.

    26. Re:Patented Breast Cancer Genes? by Anomolous+Cowturd · · Score: 2, Interesting

      The US ruling classes have discovered an amazing innovation in tyranny: they can slowly and steadily keep turning the screws, and so long as the exploited classes are allowed to bitch and moan about it, they will believe themselves to be free and happy and never get beyond just bitching and moaning.

      The whole reason you're free to speak out against your government and corporations it that your whining doesn't matter to anyone but you.

      When the Chinese rulers eventually cotton on, the yanks will have one less thing to be smug about.

      --
      Software patents delenda est.
    27. Re:Patented Breast Cancer Genes? by SpacePunk · · Score: 1

      Look at it this way. They have a patent on the breast cander gene. They own that gene, and it is now their product. They own a product which is detrimental to humans, causes death, and causes pain and suffering. They are libel for the damage their product causes.

      Sue them into the poor house.

    28. Re:Patented Breast Cancer Genes? by tgibbs · · Score: 1
      Ask Monsanto. They have patents on over 11,000 crops, only about 10% of which are genetically modified. The rest are natural varieties, just as God / Nature created them.


      Are any major crops really "just as God/Nature created them?" Almost all are genetically modified, either by modern methods of molecular genetics, or by older methods of selective breeding.
    29. Re:Patented Breast Cancer Genes? by DigitalRaptor · · Score: 2, Insightful

      OK, OK. Let me put it another way.

      90% of the plants they have patented they have no more (or less) rights to than you or I and they have done nothing to improve or modify them.

      --
      Lose Weight and Feel Great with Isagenix
    30. Re:Patented Breast Cancer Genes? by tubapro12 · · Score: 1

      "Be thankful we're not getting all the government we're paying for."

    31. Re:Patented Breast Cancer Genes? by inca34 · · Score: 5, Insightful

      I choose to disagree with this until someone gives me some numbers on this that support the contrary. It seems like FUD designed to tie us to the notion of IP. I don't buy it because if we take the RIAA, for example, and hold them up to this lens of "needing" them so that the music industry will continue to be profitable and produce music, we ought to all see rather clearly that this is not the case. The only thing the RIAA does for the music industry is put distributors on a pedestal for distributing media that they don't even generate. That's exactly contrary to the original reason for IP, or rather, patents and copyright.

      If we look back in time to the printing press we see that copyrights were granted to protect content producers from content distributors. This was done so as to not discourage content producers because their work could be ripped off so easily. If we look at how the IP laws are abused these days we can see that, more often than not, the distributors are using the IP laws to inappropriately create monopolistic distribution channels. Which is just a complicated way of saying they get to control the entire supply, thus artificially inflating demand (prices) beyond what it ought to be.

      On another note, TFA proposes an alternative to the patent system for drug research: the prize system. Off-hand, this seems feasible and proper given our role in the global society. It also seems similar to the original intent of the patent/copyright IP systems, where creators of IP are rewarded and distributors just distribute.

    32. Re:Patented Breast Cancer Genes? by inca34 · · Score: 1

      You obviously didn't RTFA. Though your pseudo-summary of it indicates that you may have looked at it, I think you missed a few parts like... the entire idea behind the article. Which is: since funding for drug research comes from an artificially created monopolistic supply via IP laws, there is no incentive for the market to adapt to the needs of the poor. I think it's obvious why markets don't provide for the poor, therefore it is an excellent place for the government to do The Right Thing (tm) and provide market incentives (prizes, in this case) so that big business will help Little Timmy.

      Or are you going to believe Scrooge's lobbyists and keep peddling the filth of misinformation and condemn Little Timmy to suffering with his curable disease because it helps somebody's profit margin? If anyone can honestly say yes to that, or effectively say yes by denying that there is a problem at all, I have one thing to say and it is this: Happy Holidays! I hope you never see rough times with medical insurance, health, etc. such that you cannot afford the treatment you or a loved one may require.

    33. Re:Patented Breast Cancer Genes? by DamnStupidElf · · Score: 2, Interesting

      In this case, the specific sequences connected to the disease was not common knowledge beforehand. In addition, you have to come up with relevant primers to amplify the relevant sequence in a specific, yet reproducible, manner to aid detection. I don't think anyone has really tried to challenge the exact scope of the patent, as it might be possible to circumvent it by changing the method or even trying to purify and detect the protein product instead. (However, that would NOT be a trivial thing to do, much harder than the current genetic test.)

      The most important question is whether it would be worth it for any company, even a large one, to take the risk of patent litigation or infringement in order to find out. Most likely the actual test is very cheap and therefore wouldn't yield a large return on investment. It's safer for all the other companies to pay the patent extortion and pass the cost on to all of us. Even if you don't get this test, your health insurance rates are higher to pay for other people's tests.

    34. Re:Patented Breast Cancer Genes? by ricree · · Score: 1

      Patents expire after 20 years. You might disagree with that particular timeframe, but it is undeniable that the monopoly IS only granted for a limited time.

    35. Re:Patented Breast Cancer Genes? by TapeCutter · · Score: 1

      "Meanwhile, where most intellectuals are fine with identifying problems with a system, he talked out an all-out solution."

      A bit OT but it's a shame many acedemics and scientists have been relagated to "providing policy-makers with facts".

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    36. Re:Patented Breast Cancer Genes? by Jah-Wren+Ryel · · Score: 1

      Maybe because Article I, section 8 of the Constitution allows Congress to grant exclusive rights to authors and inventors for their respective "writings and discoveries".

      You mean the Constitution that doesn't say diddly squat about inventions?
      I guess all those patents issued for inventions are invalid then, huh?

      --
      When information is power, privacy is freedom.
    37. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      Because pharmaceutical companies don't sign Hippocratic oathes. What a world that would be if they did, though...

    38. Re:Patented Breast Cancer Genes? by b.burl · · Score: 1

      ah, but it is profitable and thats what this all boils down to.

    39. Re:Patented Breast Cancer Genes? by sam0vi · · Score: 1

      What about early works? All those woman that had breast cancer before the patent should sue for slice of the pie (unless they are dead). I hate bullies

      --
      When my Karma level reaches 0 I feel in piece with the Universe
    40. Re:Patented Breast Cancer Genes? by skahshah · · Score: 1

      It certainly is not. But in that field, as in many others, it is the leader.

    41. Re:Patented Breast Cancer Genes? by skahshah · · Score: 1

      Perfect analysis. Totally accurate. I wish I could mod you up.

    42. Re:Patented Breast Cancer Genes? by plebeian · · Score: 1

      With enough rational arguments that current patent law is harming invention you could make the case that patent law as it stands in unconstitutional. As the constitution states clearly that the congress has the right "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" If the Law as it stands does not promote the Progress of Science or other "usefull arts" It is unconstitutional. The problem as I see it is this statement runs in the face of the currently popular concept of Intellectual Property rights. I for one believe(as Benjamin Franklin did)that knowledge belongs to all, and to encourage the spread of knowledge true inventors should have a way to profit from sharing their knowledge. Current law has just been corrupted by large corporations trying to make more profit(e.g If it was not for Disney copy write law would still have a reasonable period of protection). In this day of instant communication and overnight delivery worldwide if you can't make enough money off of an invention in the first 15 years to make it worth inventing then maybe it was not worth inventing. What can I say, I am a bit naive, I believe in humanity as a whole.

      --
      "I myself am made entirely of flaws, stitched together with good intentions."
    43. Re:Patented Breast Cancer Genes? by Kattspya · · Score: 1

      How can you use a monopoly issued by the state to argue against capitalism with a straight face?

    44. Re:Patented Breast Cancer Genes? by Znork · · Score: 1

      "they can slowly and steadily keep turning the screws"

      Of course, this particular method is heavily dependent on, and interlinked with, the existence of a first-past-post two party system where you can consistently offer two worse alternatives.

      Multi-party proportional representative systems are far less susceptible to this particular kind of corruption; there are simply far more parties to take over and/or manipulate, if a particular party becomes apparently corrupt its voters are free to defect to a non-corrupt party with similar policies, offering the voters actual choices and enabling the bitchers and moaners a chance to bitch and moan in a way that may actually matter.

      A two party system is just one party away from a dictatorship.

    45. Re:Patented Breast Cancer Genes? by Pecisk · · Score: 1

      There is too many more effective ways to silence any opposition like harassment, character smear champagne, bad PR, destroying of reputation, etc.

      You would like to ask why this is works? Because most people are ignorant and what's even more important, frightened. Most people don't have time or strength to fight all that bullshit, because they expect to live their lives and government to be servant to it's people, not other way around. And if abuse of power happens, maybe someone shouts something, but that's all. Rest of us just cave in.

      You know how it is when someone, to which POV you oppose with your arguments, calls you "enemy of the state".

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    46. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      In some states in the US there are good samaritan laws. I wonder if any of these would apply for those lawsuits you are asking about.

    47. Re:Patented Breast Cancer Genes? by yoder · · Score: 1

      "Maybe but the only real thing the US produces anymore is intellectual property. Without tough and intergrated copyright and IP laws, the US economy would tank. I'd like to think that the US is so interested in IP as an alternative to the creation and exportation of real materials and work output but the global market provides US companies with an advantage that the US consumers will never have again."

      Don't know why this was modded down, but it is absolutely true. The US economy is built on services now. Auto parts are made elsewhere and assembled here. Electronics manufacturers can't outsource to Asia quickly enough. People who actually make things for a living are the exception, not the rule.

      If it only exists on paper, the US is king. Otherwise the US doesn't want to get involved.

      --
      "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
    48. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      True, but corporations were never conferred the status of "citizen" under the privileges and immunities clause of the 14th amendment.

    49. Re:Patented Breast Cancer Genes? by Fordiman · · Score: 1

      Uh, they dropped the liquid thing, and you've been able to legally rip DVDs for years. I have no idea what you're talking about.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    50. Re:Patented Breast Cancer Genes? by good+soldier+svejk · · Score: 1
      It can't come from the free choice of individuals, because he's just got done saying that leaving it up to the free choice of the market ends up being Evil
      Since when are government granted monopolies "the free choice of the market?"
      --
      It is cowardly, and a betrayal of whatever it means to be a Jew, to act as a white man

      -James Baldwin
    51. Re:Patented Breast Cancer Genes? by hesiod · · Score: 1

      > artificially inflating demand

      I know very little about economics, so I'm sorry if this is a stupid question. How do you artificially inflate demand? You can artificially limit supply, sure, but isn't "demand" basically how many people want a certain thing? Isn't artificial demand inflation... advertising?

    52. Re:Patented Breast Cancer Genes? by gotak · · Score: 1

      You can't really inflate demand in the way he talked about. What he means is since they are the only ones doing the distributing they can inflate the prices. That's price fixing now inflating demand the demand's the same.

    53. Re:Patented Breast Cancer Genes? by berzerke · · Score: 1

      ...Unfortunately, our current government is so corrupt that it plays ball with the corporations rather than fixes things.



      Well, maybe if more people started voting out the incumbents, this would change. A large turnover in Congress would be a good first step in fixing these things.

    54. Re:Patented Breast Cancer Genes? by UnixRawks · · Score: 0

      So is the ACLU now a corporation? NARAL? GLAAD?

      --
      I
    55. Re:Patented Breast Cancer Genes? by inca34 · · Score: 1

      Yeah, sorry about that. It was late and apparently I can't proof read when that happens. =)

      When I said "artificially inflating demand", I meant "artificially inflating [prices by purposefully limiting supply]." I suppose artificially inflating demand would be a lot like advertising, where the suppliers construct the market they sell to. That's an interesting thought that reminds me of a book called The Conquest of Cool. I have yet to finish the book, but it comes to mind when I think about producers influencing consumers. In any case, thanks for the clarifying question and happy holidays!

    56. Re:Patented Breast Cancer Genes? by LunaticTippy · · Score: 1

      You are totally wrong. You can only bring 3oz containers of liquid on planes. All snow globes are prohibited. Check here

      In the US, the DMCA prohibits circumventing copy protection. DVDs are copy protected. The software to rip copy protected DVDs is illegal to sell in the US.

      --
      Man, you really need that seminar!
    57. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      Perhaps by arguing that the grant of that monopoly is a reflection of corruption, or haven't you noticed that this entire story is a rant against patents in the medical field?

    58. Re:Patented Breast Cancer Genes? by sgt_doom · · Score: 1
      And Joe Stiglitz is a brilliant man.

      You sure about that? Personally, I've always considered Stiglitz to be an idiot, and a mathematically-challenged one at that! But, if he's suddenly developing ethics at this late stage, then I, for one, salute him. Better late than never.

      But an economist with a Nobel Prize isn't necessarilyy and indicator of "genius" - and being affiliated with the World Bank is a definite indicator of a sellout jackass. Just research who the past presidents and chief economists were at that institution. More likely those positions are simply political payoffs for a nefarious job-well-done.....(And if you don't believe this country - the USA - is simply one step away from a tyranny, you are woefully ignorant and haven't been paying any attention - once Habeas Corpus and Posse Commitatus have been erased - which the legislation was recently passed to eradicate them - then we do indeed have the makings for a tyranny.)

    59. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      So the results of selective breeding should be patentable?

    60. Re:Patented Breast Cancer Genes? by Anonymous Coward · · Score: 0

      However, you need to keep in mind that for non-US companies to get approval to do business in the US, they have to play by the US rules- or agencies like the FDA can say, "no, you can't sell that here because you don't follow our rules."

      They follow the rules or they get blocked out of the US market, which is a HUGE chunk of money to give up.

      mgcady
      a) used to work in tech support on a contract to a pharmacutial company
      b) would be signed in except her current company has webmail clients blocked

    61. Re:Patented Breast Cancer Genes? by Quadraginta · · Score: 1

      Of course I read it. I just don't agree with your summary of what it means.

      And which is more "artificial," pray, a market in which patents exist or one in which the decisions about which drugs to manufacture and what their price will be is set by government? You've got the post-modernist crypto-socialist talk of "incentives", but you overlook the fact that every historical example in which government sets the policies for an industry always shows a drastic and often fatal destruction of the incentives people have for doing good work. You don't need logic to see this, just a good history book. Check out the history of Soviet science, or British health-care in the 1970s, or Canadian health-care today, et cetera and so forth ad nauseum. There's a damn good reason the best drug research is done in the country that has strong intellectual property protection and a relatively free market in health-care: the United States. It's not just a coincidence. It's not because of our wonderful education system (other countries have better educational systems, if it comes to that). You arrogant social engineers overlook that connection at your (and our) peril.

      Of course you think it's "obvious" how to do the right thing. Everyone does. Everyone has great ideas on how to solve the world's problems if he were king. You do, I do, Joseph Stalin and Pol Pot and Idi Amin did, and so does every crazy down in the asylum. There's no shortage of "obvious" ideas and persuasive logic about what the right thing is. What's a lot rarer is a willingness to allow historical fact to challenge what seems "obvious" to you. And, as I said, it would be monumental folly to overlook the fact that strong patent protection and a free market have always been associated with a vigorous culture of technological innovation. Is that just coincidence? Maybe, but considering what you're tinkering with, you'd better be damn sure it is before you go messing with it.

      I hope you never see rough times with medical insurance, health, etc. such that you cannot afford the treatment you or a loved one may require.

      If the average person can't afford the medical treatment he needs, there is no social system whatsoever that will change that. How could it? Social systems only redistribute wealth, they can't create it. If there isn't ennough money in the system to buy everyone the health care he wants, then no amount of tinkering or redistribution or magic "prize funds" will create it. In which case, the humane and reasonable purpose of a social system should be to distribute the limited amount of health care the average person can afford in the way that maximizes the overall good. And they obvious way to do that is to give it to those who want it most -- who are willing to spend the most for it. Which is what we have.

      On the other hand, if the average person can afford all the health care he wants, then what's the point of playing accounting tricks with how he pays for it? You pay the government $x in taxes so that the government can then turn around and spend $x for your health care? And this makes sense.....why? Why not pay for your health care yourself, directly? At least then it will be you and not some government bureaucrat or insurance company employee who decides where that money gets spent.

      I think all this talk of "prize funds" and related garbage is just the old socialist disease come back again in new clothes. It's the same old Stalinist story, let's control everything for the good of all, and stuff will work out wonderful, you'll see -- it's all in Karl's book, you know. Very persuasive logic, he has. I guess this dressing up of worn-out socialist canards in the new language of "prize funds" is an attempt to fool people who've been burned by socialist follies over and over again in the 20th century that this isn't really socialism. And, as usual, professors and students -- those dreamers most lacking in practical real-life experience -- are in the vanguard. Bah.

    62. Re:Patented Breast Cancer Genes? by junglee_iitk · · Score: 1
      Similarly, no one can patent "turmeric." Last I checked, "turmeric" isn't novel, as any Durkee's spice catalog from the 1960's or so will indicate. But a company might discover that turmeric has a previously unknown therapeutic property, and may patent the use of turmeric for that purpose.


      I was with you until that point. Turmeric has been used for treatment for ages in India, for a variety of diseases. It is an important ingredient in Ayurveda, for example.

      It is a common misconception that all the advances in science has occurred after the introduction of capitalism. We should really get rid of this. Capitalism is only a system which is relatively new but extraordinarily globally effective due to advances in easy communication over large distances.

      Turmeric is a classic case of patenting without proper researching. The reality is, when some one find a patentable idea, they want to maximize the money they can get from it, and so they make it broader or narrower than it actually is.
    63. Re:Patented Breast Cancer Genes? by Quadraginta · · Score: 1

      Christ, that's simplistic to the point of idiocy. Look, a contract between a builder and a property owner is a "government granted monopoly" in your terms. Once the contract is signed, the property owner can't change his mind and buy his house from any other builder. Heavens, the builder has a monopoly! Eek! Where's the property owner's choice?

      Well, duh, he had the choice before he signed the contract. He could interview various builders and decide to whom he wanted to commit.

      Now let's look at those eeeeeevil medicine patents. Where is society's choice? Why, in the same place. Society has the choice about whether to buy, say, Johnson and Johnson's baby powder, providing wealth to J and J that they'll use in their research division to try to create new drugs. And once the drug is created, society has the choice of whether or not to buy it. After all, they got along for umpty thousand years before the drug existed -- clearly they can continue getting along without it, if they choose.

      But people do not choose to do so. Instead, if it's a great drug, they buy it, and, yup, the drug maker reaps bazillions. And government makes sure that for a period of time (typically 5-7 years from when the drug hits the market), only one company can sell it, and so, yup, they can sell it for as much money as people will pay free of competitive pressures. The belief -- and history bears this out -- is that allowing people to reap for a time the full reward of their creativity encourages people to exert their creativity.

      I'd also just like to point out the massive logical inconsistency between thinking the "government created monopoly" that is a system of patents is Bad, but an even more coercive government created monopoly that is government funding and direction of drug research is Good.

    64. Re:Patented Breast Cancer Genes? by fishbowl · · Score: 1


      "Were it true that the USAn's were under tyrrany, I'd not be able to speak out against my government"

      Tyranny is all-or-nothing? You either have no rights or you live in a free utopian ideal?

      Tyranny is a process, and we are allowing it to take place.

      --
      -fb Everything not expressly forbidden is now mandatory.
    65. Re:Patented Breast Cancer Genes? by good+soldier+svejk · · Score: 1
      Christ, that's simplistic to the point of idiocy. Look, a contract between a builder and a property owner is a "government granted monopoly" in your terms. Once the contract is signed, the property owner can't change his mind and buy his house from any other builder. Heavens, the builder has a monopoly! Eek! Where's the property owner's choice?
      Wow. Clearly you have never taken any economics. Contracts have nothing to do with market structure, monopolistic, competitive or otherwise. A market is a mechanism for distributing information and setting prices between buyers and sellers so they can voluntarily exchange goods and services. A contract is a legally binding exchange of promises or agreement between those parties. No relationship.

      Now let's look at those eeeeeevil medicine patents. Where is society's choice? Why, in the same place. Society has the choice about whether to buy, say, Johnson and Johnson's baby powder, providing wealth to J and J that they'll use in their research division to try to create new drugs. And once the drug is created, society has the choice of whether or not to buy it. After all, they got along for umpty thousand years before the drug existed -- clearly they can continue getting along without it, if they choose.
      Umhh... no. In a competitive market the consumer has the ability to buy the same commodity or service from multiple vendors. Having the choice of buying from one vendor or going without is by definition monopoly. When the drug patent runs out and other vendors enter the market it becomes competitive. One consequence of this is more efficient pricing.

      I'd also just like to point out the massive logical inconsistency between thinking the "government created monopoly" that is a system of patents is Bad, but an even more coercive government created monopoly that is government funding and direction of drug research is Good.
      In the first place I said nothing of the sort. I merely pointed out that your jingoistic cry of "free markets" as a defense of the patent system, which is by design monopolistic, was laughably erroneous. It is now obvious that you have no idea what a market is. Furthermore government funding of research is not inherently monopolistic. But since you mentioned it, there is nothing logically inconsistent in your straw man. There is such a thing as a natural monopoly and many argue that they function better with government complicity and tight regulation. That does not mean that government granted monopolies are productive in all, or even most markets.
      --
      It is cowardly, and a betrayal of whatever it means to be a Jew, to act as a white man

      -James Baldwin
    66. Re:Patented Breast Cancer Genes? by jandrese · · Score: 1

      You may not have been paying attention, but that's exactly what happened in the last election (at least to the degree that an off-year election can cause massive change).

      It remains to be seen if it will actually change anything (my money says: not much).

      --

      I read the internet for the articles.
    67. Re:Patented Breast Cancer Genes? by jandrese · · Score: 1

      Did your parents and grandparents selectively breed (focusing on specific traits) for generations to produce you? Selective breeding is a specific procedure and the results are not necessarily something that "god intended". That said, I think it's a stretch to get a patent on a crop that you merely bred to improve some characteristic of, but if you want to have major agri-businesses like Monsanto and ADM, they need some way to protect their investments. Selective breeding is expensive and time consuming. With no protections for them, it is entirely likely that the market sector wouldn't exist at all and we wouldn't have the seeds that farmers are willing to pay extra money for. Agri-business works, even if it seems (and is) greatly unethical with the way it handles patents. There is an advancement of the state of the art that we would not get with just individual farmers trying to do small scale breeding on their own.

      --

      I read the internet for the articles.
    68. Re:Patented Breast Cancer Genes? by DigitalRaptor · · Score: 2, Insightful

      You still misunderstand. The vast majority of crop patents held by Monsanto are on crops that they didn't breed, modify, grow, change, etc.

      They patented them because they could and because no one had.

      The responsibility for this (horrendous act, in my opinion) it two-fold:

      1. Monsanto for trying to steal and control that which rightly belongs to all.

      2. The governments (U.S. and Canada, at least, probably more) for having such a stupid system of patents in the first place.

      --
      Lose Weight and Feel Great with Isagenix
    69. Re:Patented Breast Cancer Genes? by fngl51 · · Score: 1

      Because pharmaceutical companies don't sign Hippocratic oathes. What a world that would be if they did, though...
      Perhaps not, but if you ever look at the cost of medical care in teh US, pharmaceuticals represent a portion that is typically less than 10%. The majority of costs are associated with the non-pharmaceutical component of health care. Along the same vein, drive around any region of the US and look where the physicians and hospital administrators live. Also, take a look at average income. The annual income of a gastroenterologist (eg. scoping for dollars) is 3-5 time that of most scientists working in big pharma and 5-10 times that of scientists working in biotech.
    70. Re:Patented Breast Cancer Genes? by fngl51 · · Score: 1

      exactly right. business needs to stay well out of health care, because it's the ultimate conflict of interest. and don't think for a second that drug companys wouldn't opt for an expensive treatment rather then a once off cure. Just remember, it wasn't the pharmaceutical company that prescribed the drug- it was a physician. Do you know what his/her motives in selecting a particular drug were? Do you know what relationships your physician has with the representatives from each and every pharmaceutical company, every pharmacy? In the US, physicians in private practice are also the owner/operators of small businesses and face all the same pressures that any other business owner does (payroll, fringe benefits for employees, insurance, utilities, debt servicing, etc.). If your logic follows, they also have conflicts of intrerest. Likewise, so do insurance carriers. Their corporate motivation is to hold down costs and to deny treatments that are off schedule, or off formulary. Of course, the list can go on. There are lots of players who have "conflicts of interest" based on you logic.
    71. Re:Patented Breast Cancer Genes? by inca34 · · Score: 1

      Of course I read it. I just don't agree with your summary of what it means.

      Um... what? We need to agree on what Joe Stiglitz is saying before we can possibly debate the merits of his ideas. He says the markets are not free and they don't well represent the poor. And I think it's pretty clear that it doesn't represent the poor because markets tend to revolve around money, and money is what we vote with, right? So poor people by definition are not represented well in free market capitalism because they don't have money. And no, that's not always their fault.

      And which is more "artificial," pray, a market in which patents exist or one in which the decisions about which drugs to manufacture and what their price will be is set by government? You've got the post-modernist crypto-socialist talk of "incentives", but you overlook the fact that every historical example in which government sets the policies for an industry always shows a drastic and often fatal destruction of the incentives people have for doing good work. You don't need logic to see this, just a good history book. Check out the history of Soviet science, or British health-care in the 1970s, or Canadian health-care today, et cetera and so forth ad nauseum. There's a damn good reason the best drug research is done in the country that has strong intellectual property protection and a relatively free market in health-care: the United States. It's not just a coincidence. It's not because of our wonderful education system (other countries have better educational systems, if it comes to that). You arrogant social engineers overlook that connection at your (and our) peril.

      You've missed the entire point of everything and fixated on a single word of mine out of context. I was simply restating what Joe Stiglitz is trying to say to make sure we're on the same page in terms of understanding what he said. *blink* And he's right, there is a problem. Poor people cannot afford medicine because it's not a free market. You may disagree with his approach, which is fine, but I think the problem is self evident.
      I and Joe Stiglitz have never said anything about the government setting drug prices or telling drug companies which drugs to manufacture. Your entire argument is constructed from your misunderstanding of myself and TFA. It is my understanding that patents would still exist in Joe Stiglitz's solution, just that the incentive to do the research will no longer prohibit poor people from benefiting from it because the profits are no longer derived from exclusivity but from productivity.
      The rest of your argument about every historical example always showing something is inherently wrong due to the fact that nothing in history is consistent between the decades let alone sweeping generalizations like every whatever always does this. All that argument does is confuse the issue because A) there's a lot of history books, B) none of them say exactly the same thing, and C) nobody really knows every historical example of anything therefore such statements are unprovable and as meaningless as anecdotes unless you accompany them with thorough analysis. It's often easier to just stick to the situation at hand and start the logical analysis from the beginning so you at least know you're addressing the issue, whereas history is prone to misinterpretation.

      Of course you think it's "obvious" how to do the right thing. Everyone does. Everyone has great ideas on how to solve the world's problems if he were king. You do, I do, Joseph Stalin and Pol Pot and Idi Amin did, and so does every crazy down in the asylum. There's no shortage of "obvious" ideas and persuasive logic about what the right thing is. What's a lot rarer is a willingness to allow historical fact to challenge what seems "obvious" to you. And, as I said, it would be monumental folly to overlook the fact that strong patent protection and a free m

    72. Re:Patented Breast Cancer Genes? by tashammer · · Score: 0

      It is ludicrous to say and act as if any naturally occurring substances are patentable as though the gene etc was created by the patentee. The most that could be said to be patentable is the process that allowed the discovery. Even uses cannot be said to be patentable as the gene or naturally occurring substance may already have been performing that activity or activities. Hmmm, this means that if i go and patent my own genetic issues then i will be able to impose a levy upon anyone else who has the problems, gather fees from researchers etc. Right, then i will go and patent blue eyes, nostrils etc. i am going to be very very rich NOT. Talk about shades of the sand pit; it's mine, i want it, gimme, wahhhhh, thump.

    73. Re:Patented Breast Cancer Genes? by Quadraginta · · Score: 1

      Wow. Clearly you have never taken any economics.

      Well, this is either a sophomoric insult ("anybody who doesn't agree with me must be ignorant") or you're taking a wild guess that happens to be wrong (as it happens I took both micro and macro from Shlomo Maitel at MIT's Sloan School in the early 80s). Either way, going ad hominem in line 1 is not a promising way to begin an argument. I mean, unless you're arguing with someone like your girlfriend who gives a shit whether you like and respect her or not.

      A market is...[textbook regurgitation]...A contract is...[more of the same]. No relationship.

      Missing the forest for the trees, I think. My point is that if your primary working definition of "government-enforced monopoly" is just that it's a situation where government enforces restrictions on a buyer's options with respect to from whom he buys, why then even a legal contract becomes a "government-enforced monopoly." You need a much more complex definition of monopoly to say anything sensible about it. Such a definition must accomodate the enormous differences between, say, Merck's patent on Gardasil and Standard Oil in the 1920s. Neither the original article nor the post above gave any evidence of such understanding.

      Furthermore, there is a deep conceptual parallel between government enforcement of a contract and a patent. In both cases government reduces the risk taken by producers when they invest capital in some production or service by restricting the rights of everyone else to just take what they want after someone else has gone to the risk and trouble of developing a product or implementing service. And in both cases it's done for the same general reason: by reducing the risk in investment or complex contracts you encourage them, and the social payoff in terms of innovation, stability and production is well worth the niggling cost in terms of mildly restricting the rights of consumers. You're free to disagree with this -- but then you join the long line of 1930s-era Marxist economists who have been proved so spectacularly wrong by events in the 20th century.

      In a competitive market the consumer has the ability to buy the same commodity or service from multiple vendors.

      Instantly? If there's only one supermarket in my town, do they have a "monopoly" on cabbage because I need to drive 60 miles to buy from someone else? How about 100 miles? What if I have to order it online and wait two weeks? Does Apple have a "monopoly" on iPods? Or is the fact that iRiver sells similar but not identical products mean they don't? Et cetera. All these issues have parallels in the drug market because, for example, a patent doesn't grant an indefinite right to control sale of a drug -- and rarely lasts longer than 5-7 years from when a drug gets to market -- and because a patent can only be applied to one specific molecule, so competing drug companies can and often do make tiny chemical changes to a successful drug molecules in order to evade patent restrictions.

      That is, I think you're wildly oversimplifying a very complex issue -- consumer choice in the drug marketplace -- to jam it into a pejorative term the rubes will understand and dislike ("monopoly"). This is either ignorant, or, if we assume you know what you're talking about, like the Professor, dishonest.

      You're also being deceptive about the purpose of a patent. A patent is not designed to keep good ideas out of the hands of everyone except their discoverers. Quite the contrary. A patent is designed to promote the movement of good ideas out of the hands of those who have them. In the absence of patents, you see, Merck would simply keep secret indefinitely the chemical formula of their superduper cancer-killer drug. The public would never be able to buy from someone else, because someone else would have to duplicate the entire chain of research (and have the same luck) as Merck. Won't happen.

      Instead, the idea is that Merck is to

    74. Re:Patented Breast Cancer Genes? by Quadraginta · · Score: 1

      Ach, geez, don't be so terse...

      Anyway, in the first place, you're totally wrong about the poor "obviously" not being well-represented in the market, because you've confused a poor person with all poor people. A priori one would expect poor people to be quite well represented in the market, because however miniscule one poor person's spending is, the spending of millions of them is quite substantial.

      Don't believe me? Ask yourself why there are such things as check-cashing services, or bail bondsmen, or second-hand clothing stores, and so forth and so on. There are plenty of services for the poor, and that's because they do, as a class, wield significant spending force.

      In any event, if you think about it a bit, I'm sure you'll realize that market influence as a function of income is a function that probably first rises with income (as income grows faster than the number with that income shrinks), and then falls (as the number with that income shrinks faster than income grows). Where exactly it peaks is hard to say. Given that income distribution is highly pyramidal -- the mean greatly exceeds the median -- I'd guess it probably peaks at a fairly low income, something like lower middle-class, and that's why there are more Burger Kings than cordon bleu five-star restaraunts, a bigger demand for mortgage officers than private investment counselors, and a more robust market in small cars than eighty-foot yachts.

      Poor people cannot afford medicine because it's not a free market.

      No, they can't afford medicine because they're poor. That is, because they can't pay the people who can invent medicine enough to cover the costs of inventing it. You're thinking of the market in medicine as if the key step in its production -- the step that sucks up 90% or more of the cost of production, which is the invention of the stuff -- can be treatred like some kind of magic manna that falls from the sky, as if new medicines grow on trees and they just need to be harvested and distributed. You're looking only at the costs of production once the stuff is invented, tested, proven safe, et cetera, and say, why, that's a lot cheaper than the price charged. But that's like saying that the cost to own a house is actually pretty low -- much lower than what people are charging -- if you just consider the cost of moving in, and forget entirely about the cost to acquire the land and build the thing in the first place.

      Good economics always considers the entire cost of production, and medicine shares with software that strange property that the cost of production is fantastically front-loaded; that it costs a fortune to make the first item, but then peanuts to make the second through bazillionth. But when you focus on the cost of the second through bazillionth, you run the risk of forgetting that without the first, there will be no second et cetera.

      profits are no longer derived from exclusivity but from productivity.

      Dude...no drug is profitable unless it is highly effective and highly desired by the market. There are plenty of molecules that are patented and for which the patent is worthless -- because the drug is uninteresting, dangerous, or ineffective. It's not the patent that makes the drug valuable -- it's the fact that it's a good drug. So it is, indeed, the productivity of your pharmaceutical R&D that makes for fat profits, and not your ability to patent. You can patent any molecule. I can patent some glop I mix up in the garage. But it won't be worth a damn thing unless it's some very interesting, very effective glop.

      A) there's a lot of history books, B) none of them say exactly the same thing, and C) nobody really knows every historical example of anything therefore such statements are unprovable and as meaningless as anecdotes unless you accompany them with thorough analysis.

      Geez, sucked down a lot of post-modern relativist garbage in school, did we? Find me a

    75. Re:Patented Breast Cancer Genes? by good+soldier+svejk · · Score: 1
      Well, this is either a sophomoric insult ("anybody who doesn't agree with me must be ignorant") or you're taking a wild guess that happens to be wrong (as it happens I took both micro and macro from Shlomo Maitel at MIT's Sloan School in the early 80s). Either way, going ad hominem in line 1 is not a promising way to begin an argument. I mean, unless you're arguing with someone like your girlfriend who gives a shit whether you like and respect her or not.
      Interesting advice coming from someone who started his reply, "Christ, that's simplistic to the point of idiocy." At any rate, neither your insult nor my observation about your economic understanding is ad hominem fallacy because they don't for the basis of an argument against the opponent's conclusion.

      Maybe you should have studied with Michael Piore instead Maitel. Piore is excellent and underrated, which is perhaps why he teaches in the Political Science department at MIT instead of remediating Sloan's second rate product.

      Missing the forest for the trees, I think. My point is that if your primary working definition of "government-enforced monopoly" is just that it's a situation where government enforces restrictions on a buyer's options with respect to from whom he buys, why then even a legal contract becomes a "government-enforced monopoly."

      No, it is you who is missing the big picture. Contract law does not create monopolies any more than ringing up your purchase at the register does. Contracts are merely part of the process of exchange. The fact that they are legally enforceable does not make them monopolistic. The market which led to the contract may or may not be monopolistic and that monopoly may have derived from several causes. Also, I said government granted monopoly, not "enforced" as you disingenuously misquoted. Those are completely different things. Even if we assumed your premise of contracts being monopolistic were valid (which it isn't), they would only be enforced, not granted by the government.

      You go on ad nauseam arguing against a lot things I never said. You claim I came out against patents, which I didn't. You claim I think all markets are naturally perfectly competitive and informed (with your supermarket question), which I don't. All I said was that for you to say drug patents allow the free market to set prices and distribute resources is contrary to the facts. In the US patents purposely exist to limit competition so innovators will reap increased front end economic benefit. It is explicit in our constitution. They do this by granting a temporary monopoly. They also, as you say, ensure that the invention will not be held proprietary in perpetuity in cases where that is possible (although that is not ensconsed in our constitution). I never said otherwise. That they are not always perfectly successful at these purposes does not change the mechanism or intention. Likewise, the fact that there are many types of markets with varying degrees of competition and information is not relevant to this basic and true observation. Finally, I never said government granted monoploies were inherently bad. In fact, I said quite the opposite, that they are often necessary. You are arguing almost entirely with a straw man. All I said was that government granted monopolies were not competitive, which is by definition correct.
      --
      It is cowardly, and a betrayal of whatever it means to be a Jew, to act as a white man

      -James Baldwin
    76. Re:Patented Breast Cancer Genes? by tgibbs · · Score: 1
      You still misunderstand. The vast majority of crop patents held by Monsanto are on crops that they didn't breed, modify, grow, change, etc.

      They patented them because they could and because no one had.


      Can you be more specific? What pre-existing crop variety has been patented by Monsanto without any form of modification by genetic engineering, selective breeding, or hybridization? A link would be helpful.
    77. Re:Patented Breast Cancer Genes? by LunaticTippy · · Score: 1
      I got a takedown notice from the MPAA for having a frickin link to decss. You can put your head in the sand if you want, but I don't see the benefit. The DMCA is the law, and it is a harsh law. Sure, you can buy rippers but if they're smart they aren't based in or visit or keep funds in the US. If ripping movies is so easy and legal, why do we have heroes like DVD Jon? Why can't I rip blu-ray or HD-DVD? Why can't I buy a standalone dvd duplicator?

      Here is a typical disclaimer:
      LEGALITY NOTE: While it is well within your Fair Use rights in most countries to re-encode a DVD that you have purchased into another format for your own personal viewing, please be aware that it is illegal in the United States to break the encryption on a DVD even for the purpose of exercising your Fair Use rights. Since nearly all commercial DVDs are encrypted, it may not be legal for you to follow this guide if you are living in the U.S.A. Those who live in countries with more civil liberties and personal freedoms than the United States need not worry about this restriction. Also, we should disclaim something about this tutorial being for educational use only and that you shouldn't pirate movies that you haven't purchased no matter which country you live in. You have been disclaimed.
      Anyway, I proudly pirate movies with ease. That doesn't make it legal. Not even for the movies I own and pirate to avoid user action blocks etc.

      I don't check luggage. I bring a small pouch with necessities whenever I travel by air. Checking luggage means I have to go to a different line, get to the airport 30 mins to 1 hour earlier, and wait sometimes for hours or days to get my stuff, which is broken and stolen. If it shows up at all. I got over bringing checked luggage before the current false-security-at-any-price mentality. I doubt things have improved.

      Oh, and your links are broken. It really spoilt your subtle sarcasm.
      --
      Man, you really need that seminar!
    78. Re:Patented Breast Cancer Genes? by DigitalRaptor · · Score: 1

      The documentary "The Future of Food" is a great place to start.

      Here are the first and second ten minutes of it on YouTube. Others are there as well, but these deal specifically with Monsanto and patents (but the whole one and a half hour documentary deals with it as well).

      There is plenty other information on the net about Monsanto and their practices.

      After seeing the Future of Food and reading up on Monsanto, I no longer buy any of their products or those of their subsidiaries if I can avoid it. They are cornering the market so much in food, seeds, and pesticides that it's hard to avoid. So now I'm trying to avoid pesticides altogether.

      --
      Lose Weight and Feel Great with Isagenix
    79. Re:Patented Breast Cancer Genes? by inca34 · · Score: 1

      Because the US economy is not so simple as to be described by the catch-all "services" department. Otherwise, please give us a percentage of the US economy that relies on these IP laws.

    80. Re:Patented Breast Cancer Genes? by WilliamSChips · · Score: 1

      The ACLU...one of the last few bastions of freedom in this world...

      --
      Please, for the good of Humanity, vote Obama.
    81. Re:Patented Breast Cancer Genes? by tgibbs · · Score: 1
      The documentary "The Future of Food" is a great place to start.


      So if you've researched the issue, why are you seemingly unable to answer my rather simple question:

      What pre-existing crop variety has been patented by Monsanto without any form of modification by genetic engineering, selective breeding, or hybridization?

      There is plenty other information on the net about Monsanto and their practices.


      This link certainly doesn't support your claims. It describes how Monsanto lost a European patent when it was unable to demonstrate that the baking qualities of a wheat variety were the result of their genetic modification. This hardly supports your claim that the patent office is allowing Monsanto to patent pre-existing plant varieties simply because nobody else had done so.

    82. Re:Patented Breast Cancer Genes? by DigitalRaptor · · Score: 1

      I said I had read up on Monsanto, I didn't say I had read every single one of their patents or was a Monsanto expert.

      If you have a specific question, you look it up. I'm not your secretary or librarian. After watching the documentary I looked into what I was interested in. You are welcome to do the same.

      This link certainly doesn't support your claims.

      The link provided certainly provided information about Monsanto and their practices. The fact that Monsanto had tried to pull the wool over the EU's eyes is a good indication about how they do business. The fact that they lost in the EU says nothing about whether similar attempts were successful in the U.S.

      After watching the documentary and reading up on Monsanto further, I am satisfied that they have not only attempted similar tactics and far worse in the U.S. and Canada, but that they have been very successful in doing so.

      This isn't Monsanto 101 at Slashdot University. If you want to dig deeper feel free.

      --
      Lose Weight and Feel Great with Isagenix
    83. Re:Patented Breast Cancer Genes? by painlord2k · · Score: 0

      Subsiding a good, with public money, will artificially inflate the demand. And it will shift the burden of the cost from the consumers of the good to the taxpayers. In Italy, for example, when the drugs were given free of charge (with only the prescriptions of the SSN doctor) the drugs prescribed and selled were much more than now. Many people, mainly elders, lobbied their doctor for prescriptions they don't need, and after they stashed the drugs without using them. When copayment was introduced, the volume of selled drugs fall falled sharply.

    84. Re:Patented Breast Cancer Genes? by painlord2k · · Score: 0

      Bring it down, Separation wall are bad! /Moonbat mode off

    85. Re:Patented Breast Cancer Genes? by painlord2k · · Score: 0

      So, if we destroy this bastion, will freedom be free. Bastions are bad, "bring down the wall"!!!

    86. Re:Patented Breast Cancer Genes? by WilliamSChips · · Score: 1

      painlord2k doesn't know what a metaphorical bastion is.

      --
      Please, for the good of Humanity, vote Obama.
    87. Re:Patented Breast Cancer Genes? by tgibbs · · Score: 1
      I said I had read up on Monsanto, I didn't say I had read every single one of their patents or was a Monsanto expert.

      If you have a specific question, you look it up. I'm not your secretary or librarian. After watching the documentary I looked into what I was interested in. You are welcome to do the same.


      I merely asked you for just one single example to support your own claim that

      The vast majority of crop patents held by Monsanto are on crops that they didn't breed, modify, grow, change, etc.

      They patented them because they could and because no one had.


      One would think that if this is true for the "vast majority" of crop patents held by Monsanto fit this description, that you would be able to come up with just one example in no time. You are the one who made the claim, so it is your obligation to support it. Frankly, it sounds like bull to me, and the little bit of reading that I've done supports that impression. I'm not going to bother doing extensive research to disprove obvious nonsense if you are too lazy to support your own claims.
  2. Yeah, but... by Anonymous Coward · · Score: 3, Insightful

    ...the guy who originally lit the candle didn't spend millions of dollars figuring out how to light it. I'm all for equal access, but if you're going to spend all this money doing something then it's only fair to be given the chance to reap the rewards.

    1. Re:Yeah, but... by Anonymous Coward · · Score: 0

      What about all of the medical research that is backed by public loans and grants?

    2. Re:Yeah, but... by Anonymous Coward · · Score: 0

      Isn't that pretty much all medical research?

    3. Re:Yeah, but... by Yahweh+Doesn't+Exist · · Score: 4, Insightful

      >the guy who originally lit the candle didn't spend millions of dollars figuring out how to light it

      yeah and the guy who came up with the medical patent didn't learn everything he knew from other people, then get a shitload of government funding to do his research. oh wait, yes he did.

    4. Re:Yeah, but... by UbuntuDupe · · Score: 4, Insightful

      So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?

      (Note: that was a reduction to absurdity, not an endorsement of either patents in general, or the patents described. Simmer down.)

      I haven't read the article, but if the excepted parts are to be taken seriously -- and I think they are -- the entire argument is rather sophomoric. Pointing to an example of prohibiting Indians to use a traditional remedy because of patents would be a textbook example of an invalid patent (on grounds of prior art). That would show the problems with "a stupid application of medical patents" not that "medical patents as such, take lives".

      The other "point" is about drug companies spending more on marketing than research, but what exactly is this supposed to prove (and people do bring it up a lot)? Is the point that if you don't follow some liberal's wet dream about how you're supposed to spend your money, your patent is somehow less worthy?

      Yeah, let's start enforcing laws based on our sympathies with the litigants -- banana republic in no time!

      Or, presumably, this fact is brought up to somehow imply that a drug company could costlessly redirect money from marketing to research? That won't work either. If the drug became instant knowledge to everyone who might want it, drug companies wouldn't market so much to begin with. In reality, you have to overcome some very steep prejudices of a very protected class of doctors to get them to do it a better way. This means marketing.

      STANDARD DISCLAIMER: unlike many people, I freely admit that I simply don't know whether patents are good or bad. However, I do know that we'll never know the answer if people keep muddying up the debate with these misleading claims.

    5. Re:Yeah, but... by Anonymous Coward · · Score: 0

      >>So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?

      YES!

      Next question please.

    6. Re:Yeah, but... by textstring · · Score: 3, Informative

      Now I know all that text is daunting but if you'd have read towards the end of the article he actually offers an alternative/supplemental way of rewarding innovation - prize funds. Whether these would attract the huge pharmaceutical firms is unknown. However, I imagine they would attract smaller independent research groups in the way the Xprize (and others) have done. If there are $200,000 prizes for getting linux to work on an xbox, i t seems only reasonable that there should be huge cash prizes for developing treatments/cures/alternative drug therapies, and certainly these things would improve the quality of life for far more people than some nerds in their mothers basements (no offense, I'm of the garage variety).

    7. Re:Yeah, but... by megaditto · · Score: 1

      The problem with prizes is that they generally do not provide nearly enough funds to finance steady progress. As a pointer to how much money is actually required, NIH budget last year was around USD 27 Billion. And that's just from one source, for one year, in one country!

      As opposed to hacking Xboxes, most of real research cannot be done without major steady investment. Doing that in one's basement or during time off works for some things but not others.

      Also consider that most researchers cannot pay the millions in costs out of pocket in the hopes of winning a prize down the road.

      --
      Obama likes poor people so much, he wants to make more of them.
    8. Re:Yeah, but... by bzipitidoo · · Score: 1

      So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?

      There's an implicit assumption here that each advance comes about primarily through the efforts of solitary geniuses, working away in isolation and maybe driving themselves crazy. We have quotes about "standing on the shoulders of giants", and "there is no I in team", but that doesn't stop people from figuring who's the best. This is reinforced by naming theorems, methods, and so on after one or two people, such as Darwinism, and stories such as Frankenstein. I have heard that Asian societies especially are much less individualistic, and we of the West are a bit blind to this aspect of our own societies. And I think this individualism in extreme, where patent systems have pushed it, is detrimental to science. Patents, which always have a few or just one person fingered as the inventor, encourage scooping and secrecy. It's like the way the old D&D rules work-- the character who gets the kill shot gets the experience, and it doesn't matter if others did 99% of the fighting. For DMs who ran their campaigns according to those rules, it was entirely in character for the thief to lurk on the edge of a fight, waiting in safety while the fighter and rest of the party took their licks wearing down the monster, then jump in and finish the fight with one mighty backstab, and take all the credit.

      We're all forced to play the game, if we want to get anywhere. We all have to be the backstabbing thief, have to keep secrets, keep those competitive advantages. That's what patents have done. We don't have to like it, and many of us researchers and inventors do try to give out credit, as with the customary list of references and citations at the end of every research paper. But surely there are better ways. Change the rules. Play a different game.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    9. Re:Yeah, but... by fucksl4shd0t · · Score: 1

      Not only that, but prize funds taken to extreme would create a shortsighted research industry (assuming they created any kind of industry). Want to pursue that wonderful idea that might make a drug that can cure the common cold? Sorry, but there's no prize money in it, nobody will fund the research, and we all have to suffer.

      A scientist needs to be able to go where the data points, not where the money points. Prize funds don't cure that problem, they'd only exacerbate it (when taken to extremes. Prize funds used to supplement existing systems can be very effective in achieving short-term milestones on longer-term goals).

      --
      Like what I said? You might like my music
    10. Re:Yeah, but... by Athenais · · Score: 1

      So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?
      (Note: that was a reduction to absurdity, not an endorsement of either patents in general, or the patents described. Simmer down.)

      Why not? If you create a copyrightable work as an agent of the government, be it a farm report, a chart of drought conditions, or whatever, it is (with some exceptions like secrets) released into the public domain because it was created with public monies. Should we not apply that standard to patents? If a drug company creates a new drug with public funding, it should be released to the public domain because it was paid for by the public. Drug companies that want to have their state-granted monopoly can spend their own money.

      Reduction to absurdity only works if you end up with something absurd. ;)

    11. Re:Yeah, but... by curious.corn · · Score: 1

      So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?

      If it's government funded the people have already paid for your time, privided you of the means to pay the mortgage, engege in social activities and exercise a respectable social status. The products, knowledge and advacements of science developed during the time you are eployed by a corporation are the property of said entity, so it's simply applying the same logic to a transaction between you and The People. The one that pays is the ultimate owner, in this case The People should acquire the Public Property of what they payd for; Corps claim ownership of anything anytime, why is it that when The People are part of the sentence does it instantly become "liberal commie drivel"?

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    12. Re:Yeah, but... by MrNaz · · Score: 1
      I haven't read the article
      'nuff said.
      --
      I hate printers.
    13. Re:Yeah, but... by MrNaz · · Score: 1
      there is no I in team
      Yea, but there's an "M" and an "E"!
      --
      I hate printers.
    14. Re:Yeah, but... by aminorex · · Score: 1

      It is not expropriation for the fruits of public investment to be returned to the investors (the public).
      It is a private expropriation of public property for an individual who was paid from public funds to
      to use barratry to deter competitors from exploiting the public knowledge gained from that work.

      The effect of advertisments for drugs is overwhelmingly to create pressure on physicians from their
      clients to prescribe lifestyle drugs. It is absurd to image physicians as hostile to improvements
      in treatment options, and thus requiring a benevolent nanny in the form of a pharmaceutical
      corporation to guide them into making good choices.

      --
      -I like my women like I like my tea: green-
    15. Re:Yeah, but... by Single+GNU+Theory · · Score: 1

      Yea, but there's an "M" and an "E"!

      My favorite take on it is, "There is no 'I' in 'team', but there is an 'eat me' if you can re-use the 'e'."

      --
      Little Debian: America's #1 Snack Distro!
    16. Re:Yeah, but... by UbuntuDupe · · Score: 1

      That's false. Professors working on a government salary write textbooks on university time and get to keep the copyright. Obviously, it's not always released into the public domain.

      (I mean, not that we'd want to derive an "ought" from an "is", but whatever.)

    17. Re:Yeah, but... by UbuntuDupe · · Score: 1

      Well, they changed the law a while ago (Bayh-Dole Act) so that researchers would have more stake in the success of the work. Yes, you "pay twice", but you also (in theory) get better results. That is why the law was changed, not out of a desire to shortchange anyone.

      But even so, how far do you want to take this? The "people" also pay for roads, for primary/secondary education, subsidize higher education, provide police protection to researchers, etc. I guess that means we all collectively own the work of anyone. Damn them for not giving back!

    18. Re:Yeah, but... by jafac · · Score: 1

      unlike many people, I freely admit that I simply don't know whether patents are good or bad.

      I tend to think that they are good. But like any tool, they can be misused. Right now, they're being misused. They're like candy that a congressman tosses to his pharmaceutical lobbyist, who returns the favor by giving the congressman campaign donations, and giving his friends and cronies cushy jobs and speaking engagements and whatnot.

      I don't know if it's mathematically possible to come up with any set of lobbying rules that won't result in a set of easily exploitable loopholes. Especially when the rulemakers are the ones who stand to benefit from exploiting the loopholes (which is why we're supposed to have 3 independent branches of government). Somehow, the way patents are granted, extended, and defined, got broken, or maybe their implementation in the Constitution is flawed from the getgo.

      But like any engineering effort - there are trade offs. Make patents too restrictive, and you stifle competition. Make patents too loose, and you stifle innovation. There's a happy middle-ground, obviously. And we're far from it, because the system has a built-in feedback loop between those who have the power to modulate patents' restrictiveness, and the industries who benefit from that restrictiveness. I don't know if adding some kind of judicial or executive oversight to the process would help. Or maybe just sitting back and letting the system strangle itself (as it ultimately will) is the answer.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    19. Re:Yeah, but... by Anonymous Coward · · Score: 0

      They do give back. It's called taxes and, if you haven't noticed, they are not a trivial portion of your salary.

    20. Re:Yeah, but... by MrNaz · · Score: 1

      Doesn't sound as pithy when being yelled back at your neanderthal hockey coach after being reprimanded for trying to be a hero and not passing the ball. Oh wait, this is /. the closest anyone here gets to a "coach" is sitting on a "couch". :P

      --
      I hate printers.
    21. Re:Yeah, but... by sjames · · Score: 1

      So it's okay to expropriate the work of anyone, as long as he learned from others and was funded by the government?

      Notably, most of the time, work you do which is funded by others is called a "work for hire" and becomes the property of whoever funded you. In the case of federal funded research, that someone is the American people. So, it would certainly not be expropriation to expect a better deal than "as high as the market will bear".

  3. Become a planet! by Anonymous Coward · · Score: 0

    Self-sufficient planets like Unicron need not patents! They speak binary!

    Learn lojban. ko cilre

  4. I hate being a spelling Nazi, but.. by Anonymous Coward · · Score: 0

    It is spelled laureate. With an e.

  5. The more things change ... by Trailwalker · · Score: 3, Informative

    Things haven't changed all that much since the days of theChamberlen family.

    1. Re:The more things change ... by Anonymous Coward · · Score: 0

      Wow. They were really assholes.

      Think of all the women and children that died from complications during childbirth over the hundred years they kept that a secret. What fuckers.

      If there is a Hell, hopefully there is a special torment reserved for selfish, evil bastards like them.

  6. Re:So now you know by Anonymous Coward · · Score: 0

    Some neo-neanderthal will be along to call you a "puke liberal" any second now and explain how all the data that indicates the massive imbalance of wealth distribution is flawed, wrong, and doesn't matter anyway.

  7. se mabla cmaci by Anonymous Coward · · Score: 0

    Way to pull that number from your butt. Actually, I heard the top 64 people worldwide have 69% of the wealth.

  8. The argument for patents.... by TheGreatHegemon · · Score: 2, Interesting

    While I am no expert, nor am I really FOR these kinds of patents there is a valid reasoning TO have them. Primarily, it is reasoned that patents, including intellectual, drive innovation as people can actually make a profit on their discoveries as opposed to just being copy-catted. Of course, in practice, it doesn't quite work that way.

    1. Re:The argument for patents.... by Dunbal · · Score: 1

      actually make a profit on their discoveries as opposed to just being copy-catted

            They get "copy-catted" ANYWAY. Change an OH here, add a double bond there, and voila - same or better pharmacodynamics, and I can patent my own penis enlarging medication...

      --
      Seven puppies were harmed during the making of this post.
    2. Re:The argument for patents.... by mabhatter654 · · Score: 1

      the problem is that much of the research is at least co-funded by big govt grants or professors and students from public university... all the taxpayers help with the discoveries... it would seem unfair that only one company would get the profits.

    3. Re:The argument for patents.... by ZachPruckowski · · Score: 2, Interesting
      The problem is that 20 years, or 17 years, or even 10 years, is simply too long in the modern scientific world. It may have taken 20 years back in the 1950s or the 1970s for these sorts of things to (A) turn a profit while (B) not stagnating the scientific community, but that balance does not work well today. A more reasonable compromise might be one of the following:
      • A shorter term for the patent (5-8 years maybe?)
      • A statutory license, as we have with "cover songs". You get $X whenever someone uses your test, and that number is set by law (and set at a rather low level)
      • Abandon patents altogether, and the government pays you a set amount of money (either set by law, or by medical committee) as a reward for coming up with these sorts of tests.
    4. Re:The argument for patents.... by tgibbs · · Score: 1
      While I am no expert, nor am I really FOR these kinds of patents there is a valid reasoning TO have them. Primarily, it is reasoned that patents, including intellectual, drive innovation as people can actually make a profit on their discoveries as opposed to just being copy-catted.


      Actually, the rationale for patent is to encourage inventors to make their inventions and discoveries public and to allow them to pass into the public domain after a period of time, rather than being held indefinitely as trade secrets. For example, pharmaceutical companies typically do not publish their basic research until they have patented the drugs that have come out of that research. But that basic research, once published, may serve as the basis for other discoveries. Without patents, the smart move would be to withhold those results indefinitely.

    5. Re:The argument for patents.... by tgibbs · · Score: 1
      The problem is that 20 years, or 17 years, or even 10 years, is simply too long in the modern scientific world. It may have taken 20 years back in the 1950s or the 1970s for these sorts of things to (A) turn a profit while (B) not stagnating the scientific community, but that balance does not work well today.


      In the pharmaceutical industry, it very commonly takes 10 years to bring a drug from the point of patentability to the point at which it can be marketed, at which time the patent has only a few years left, so the notion that patent periods are too long is incorrect. This has led to an excessive focus on drugs that can be brought to market rapidly after patent--i.e. minor variations on existing drugs or reformulations.
  9. eminent domain by Speare · · Score: 5, Insightful

    If there's one area where I think Eminent Domain applies, it is to this sort of "property." If the pharmaceutacals "own" a cancer drug, an AIDS drug, a heart valve palsy drug, then fucking TAKE it from them and give it to the world. If they have to be compensated under eminent domain laws, then give them a twenty year extension on their stupid penis pills, their fat-buster pills, or their toenail fungus cures. If they can do it with your house to make a bypass, then they should be able to do it with something that will really benefit society.

    --
    [ .sig file not found ]
    1. Re:eminent domain by Anonymous Coward · · Score: 0

      I work for a pharma co. It is definitely a business, not a charity to heal the world. If you don't like our new cancer drugs, don't take them - take the ones that are now off-patent and available as generics. If you want to have free drugs, fund them yourselves.

    2. Re:eminent domain by sam_handelman · · Score: 4, Informative

      The parent is thinking along the correct lines but is missing something very fundamental. "Intellectual property" IS NOT PROPERTY. The fourth amendment does not apply! Since a patent is merely a privelege granted by the government, the government can simply give a more restricted privelege.

        That said, there's no need to take away their patents, by eminent domain or otherwise - you can force Compulsory Licensing on them. There's ample precedent for this. The present system of compulsory licensing is simply inadequate to bring, for example, AIDS cocktails into the affordable range for poor Africans, so it needs to be strengthened.

        Obviously, strengthening compulsory licensing of patents would cut into the profits of the pharmaceutical companies (duh), so they're going to fight it tooth and nail; but it's the simplest most conservative solution to the underlying problem.

        I, myself, think that a better solution would be to stop offering patents on drugs at all (as it is basically an immoral practice, as TFA points out) and to provide, not "prizes", but "grants" that move beyond basic biology research (presently funded by grants) and into drug discovery. Elementary math indicates that the cost savings would be huge.

        The government bureaucracy might grow somewhat, although doing a good job of awarding patents (which they don't do) probably wouldn't be that much less bureaucracy than doing a good job of administering drug discovery grants - but the equally distasteful private bureaucracies that currently parasitize themselves off of government graft would atrophy - which any real libertarian (as opposed to someone who claims a libertarian ideology in order to justify their slavish support for the uber-rich) would have to support.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    3. Re:eminent domain by Jeff+DeMaagd · · Score: 2, Insightful

      Last I heard (IIRC, NPR's Science Friday), there are more "enhancement" pills and the like being researched than there are medicines being researched that the developing world needs, such as anti-malaria pills. Developing and testing those medicines cost money, and the only way to cost-justify developing medicines is to develop medicines for people that can pay for it.

    4. Re:eminent domain by troll+-1 · · Score: 3, Interesting

      Unfortunately it's pretty difficult to argue for patent reform right now. Because of technology and drugs, life expectancy has never been higher. If any changes are going to be made, congress will have to make those changes. And the drug companies are likely to argue the reason there have ever been so many life-saving drugs is because the patent system works. And congress is not likely to 'fix' something it doesn't perceive as majorly 'broken'.

      Throw into the mix all the money the drug companies have given to politicians to help maintain the status quo and you begin to see how difficult it is to make changes.

    5. Re:eminent domain by sam_handelman · · Score: 1

      Gah.

        *Fifth* amendment. A little too much of the vino with Christmas dinner.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    6. Re:eminent domain by QuantumFTL · · Score: 2, Insightful

      Right, because the knowledge that any "really important" cure will be immediately appropriated by the government will have no negative effects on companies spending time and money to develop those kinds of cures in the future.

    7. Re:eminent domain by ubuwalker31 · · Score: 2, Insightful

      Compensation for a taking under the 5th Amendment must be "just compensation". That is usually the fair market value of the property. Forgetting the cost of litigating this issue with a drug company, *shudder*, do you have any idea how much money drug companies make from a drug??? Something like 40 Billion dollars a year. Is our government going to put up, lets say 5 Billion dollars for a drug? So that the rest of the world can 'free ride' on the US taxpayer? Should other countries have to pony up a few million too? I say yes, yes, and yes. I think that the morally correct thing to do is to keep people from dying from preventable diseases.

    8. Re:eminent domain by Explodicle · · Score: 1
      Is our government going to put up, lets say 5 Billion dollars for a drug?
      That's ridiculous! We could get, like, three weeks in Iraq with that kind of money!
    9. Re:eminent domain by Chandon+Seldon · · Score: 1

      You've been confused by the flawed "intellectual property" terminology. The problem is that by treating medical techniques as property, people are killed. The solution isn't to continue to stretch the already-broken property metaphor (i.e. "eminent domain"), the solution is to stop trying to treat ideas as property.

      Very simply, allowing pharmaceutical patents in poor countries is murder.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    10. Re:eminent domain by Chandon+Seldon · · Score: 3, Insightful

      Patents are not property, and should not be considered as such.

      The correct solution here is to change the patent law to make it no longer cover drugs. That will solve the problem very simply.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    11. Re:eminent domain by Anonymous Coward · · Score: 0

      All well and good; but why take away the patents? The two methods of stimulating drug development -- profits driven by limited monopolies granted by the government, and direct cash grants provided by the government -- are hardly mutually exclusive. If it is truly cheaper to offer grants, why not just start offering the grants? If it works, great. If not, we still have the for-profit pharmaceutical industry.

      I say this all rhetorically. The fact is that anything that lowers the profits of the pharmaceutical companies will lower the output of new drugs. That much is plain. Pharmaceutical research is a respected field of work, and so many will enter it without monetary goals. But others won't. Some folks with similar skill sets might prefer to learn particle physics. But that field is largely academic, and not many will become rich from it.

      Some of those who would otherwise learn particle physics, or whatever else, will enter the field of medicine in order to make money. They'll be lured by high salaries, stock options and other corporate perks. As you decrease the profits of pharmaceutical companies, you also decrease the number of people they can employ, the amount they can pay them, and the value of those employees' ownership in their companies. The result is a net decrease in the number of talented researchers in that field.

      Our resources are limited. Free markets deal with those inherent limitations by collectively deciding what they value most. That value is reflected in the price paid.

      The health care industry is somewhat unique in that it's very difficult for consumers to get good information about the products and services they're buying. Frequently, if I go to the doctor, I don't know the relative value of a particular service, I don't necessarily know (or ask) how much a drug or service costs (since my health insurance pays most of it), and I don't even know how much my health insurance costs (since my employer pays all of it; most employers do not disclose the cost of the coverage they provide).

      Still, the doctors and health insurance companies do know the value of the products and services, and my employer knows the cost of my health care coverage. Because of those imbalances, it's an imperfect system, and too-frequently abused. But it's still better than the alternative.

    12. Re:eminent domain by dragonturtle69 · · Score: 1

      I actually like this idea. The only problem is that the companies involved might decide that a area of research is likely to fall under eminent domain, and then avoid that area entirely. Fear of litigation supposedly already threatens "innovation" http://www.sickoflawsuits.org/content/problem/friv olous.cfm

      Maybe the solution is to prevent drug companies from being publicly traded, or some other way to make their board less likely to view things with earnings per share in mind.

      --
      "What luck for the rulers that men do not think." - Adolph Hitler
    13. Re:eminent domain by cpt+kangarooski · · Score: 1

      Well, that would be tremendously expensive, since the government would have to pay the fair market value, and so the company that originally had the patent would get awarded many millions of dollars or more, depending on that the patent in question was worth. And since there are usually a number of applicable patents, which may be held by different entities, the costs rapidly mount. I don't think it's an effective way of doing things.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:eminent domain by tarogue · · Score: 1

      Not "appropriated", but purchased by the gov't (the people) for fair market value. Just like when they take land for emminent domain, they have to compensate the owner fair market value, though they oftenm offer much more.

      --
      Life sucks, but death doesn't put out at all. -- Thomas J. Kopp
    15. Re:eminent domain by melikamp · · Score: 1

      Because of technology and drugs, life expectancy has never been higher.

      No. It's because we are rich, stinking rich, stupid, filthy rich. One would think that people in Asia, South America and Africa can just take our research and make generic drugs for themselves, but no, their life expectancy is like that of mosquitoes during the winter. Go figure.

    16. Re:eminent domain by fimbulvetr · · Score: 1

      Malaria is an extraordinarily highly evolved disease. It's been around so long that it's becoming generally accepted that sickcell anemia is a symptom of the immune system attempting to evolve against it. There are sleeping bags/nets for malaria, but those won't stop the disease, only put a finger in the dam. I highly doubt a pill is going to come along anytime soon. The disease does most of its maturing within the misquito and by the time it reaches the person, it's pretty much too late in a very short while. I do sometimes agree with people that pharma likes to sell treatments and not cures, but you have to be realistic about malaria, aids and cancer. These diseases have survived a substantial amount of evolution, and we're no where near as effective as darwinism.

      In fact, cancer is an entirely different subject. It's not a disease per se, it's a meta-disease. No 1 pill is going to cure it, unless it also simultaneously repairs/replaces genes.

    17. Re:eminent domain by Vicissidude · · Score: 2

      The problem is that the public have directly funded both the drug companies and the research universities. In return, the drug companies charge Americans higher prices for drugs than they charge in other countries. We get currently get screwed both ways.

    18. Re:eminent domain by westlake · · Score: 1
      If the pharmaceutacals "own" a cancer drug, an AIDS drug, a heart valve palsy drug, then fucking TAKE it from them and give it to the world. If they have to be compensated under eminent domain laws, then give them a twenty year extension on their stupid penis pills, their fat-buster pills, or their toenail fungus cures.

      then the pharmaceutical house --- which is not a business, after all, and not a charity --- will put all its resources into projects which do make money:

      sexual enhancements, diet drugs, and over the counter cures for athlete's foot

      or it will relocate in a country where cutting-edge research, billion-dollar investments in industry and the employment of thousands and tens of thousands of skilled workers is not considered a bad thing.

      congratulations.

      you have just out-sourced the american pharmaceutical industry. set the clock back 100 years.

      you are god's gift to the anti-free trade, economic nationalists in both the Republican and Democratic parties.

      where will you strike next?

    19. Re:eminent domain by tgibbs · · Score: 1
      If there's one area where I think Eminent Domain applies, it is to this sort of "property." If the pharmaceutacals "own" a cancer drug, an AIDS drug, a heart valve palsy drug, then fucking TAKE it from them and give it to the world.


      And do you really think that pharmaceutical companies are going to invest in development of drugs for cancer, AIDS, or heart valve palsy if there is a serious risk that it will just be taken from them without reasonable compensation? It would make more sense to invest in developing new "penis pills"
    20. Re:eminent domain by fafalone · · Score: 2, Insightful

      So what incentive would a pharmaceutical company have to spend hundreds of millions designing, researching, and testing dozens of candidate drugs until they find the useful one; then some other company can just copy their formula, sell it for half right after its released, ensuring a massive loss of money to the company that did all the work. It costs money to make new drugs, ALOT of money, if companies can't make that money back they're simply not going to make the drugs. What other methods do you propose to pay for R&D? It would mean a significant tax increase if you think the government should pay for it.

    21. Re:eminent domain by Chandon+Seldon · · Score: 1

      You ask, basically, "Without patents, who will fund new drug research?"
      That's a really interesting question, and I wish I had a good clean answer for you. First - and most importantly - I highly doubt that the pharmaceutical companies would outright stop their research efforts. A company needs new products, and the first-to-market advantage is non-trivial.

      It would mean a significant tax increase if you think the government should pay for it.

      That's a possible solution, and it might even be a good one. It's definitely not the only possible solution.

      My first question is: Who's really paying for useful drug research today? Is it really the pharmaceutical companies encouraged by patents, or is it other groups for other reasons?

      My next question is: How much money do we save if all current drugs can be produced as royalty-free generics?

      I seriously don't think that there's any real risk of drug research stopping. People are too attached to "making the world a better place" - the work will get funded by private grants if necessary.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    22. Re:eminent domain by ShakaUVM · · Score: 1

      You ask, basically, "Without patents, who will fund new drug research?"
      That's a really interesting question, and I wish I had a good clean answer for you.


      I'll give you a good, clean, answer. It's not the government. It's the drug companies. While it is certainly true they do spend more on marketing than on R&D, they do spend an incredible amount on R&D, and the amount per drug is rising sharply. You see, new drugs must not only be safe(r), they must be better than old drugs.

      The system as it works now has issues, but at least it works. Patents for drugs are drastically shorter than patents for things like telephones: you get something like only 10 years of patent protection, with extension up to 14 years. Drug companies have to recoup all of their R&D costs for the drug, plus the R&D cost for all their failed drugs, in that 10-14 year window. Plus, you know, make a profit. But then 10-14 years later, any company can come and duplicate their drug (without doing any R&D work at all) and provide a low cost, safe and effective drug for the general public. During the high price phase of the drug, before the generics come out, various ameliorative programs are available for people who can't afford the drug, and don't have any alternatives.

      I'm marrying a pharmacist, and one of my buddies is the head of R&D at a drug company, so I'm reasonably confident when I say that while there's a lot of issues with the current system, there's not really any system better. Something like patenting tumeric shouldn't have happened, of course, since there's 2,000 years of prior art.

    23. Re:eminent domain by paulthomas · · Score: 1

      Fair market value only exists in a market. Not in a one-way, non-voluntary transaction. Payment is made, but you say it yourself: "just like when they take..."

      To clarify: You don't want to sell me your shoe? Ok. Here's ten dollars, now give me your left shoe or I'll punch you in the face.

    24. Re:eminent domain by doktorjayd · · Score: 1

      yes.

      leave it up to public institutions ( universities, etc).

      which would benefit from greater public funding.

      to the benefit of all.

    25. Re:eminent domain by lewp · · Score: 1

      People might be sympathetic to the antagonist in your metaphor if the shoe cured cancer...

      --
      Game... blouses.
    26. Re:eminent domain by NoOneInParticular · · Score: 1

      How does restrictions on the production of goods actually help free trade? You can't have it both ways: either you are in favour of free trade and thus against government enforced monopolies (patents), or you are against free trade and think the government should regulate the market (by for instance granting monopolies to drug-inventors, but possibly also by setting prices for those monopolies). If you want to be logically consistent, you have to realize that patents and copyrights are anti free trade at heart, and you can't make an argument based on free trade to argue for these two. If you think the market cannot operate efficiently without government granted monopolies, then you obviously think free trade is an impossibility.

    27. Re:eminent domain by Anonymous Coward · · Score: 0

      Humans may be living longer, but no thanks to the American system. The U.S. ranks poorly in life expectancy, https://www.cia.gov/cia/publications/factbook/rank order/2102rank.html behind most of the industrialized world.

      The U.S. also falls well below other inductrial nations in every public health measure, according to a study by the Harvard School of Public Health which, unfortunately, I can not locate on the web. However, one important measure, infant mortality, is documented at http://dll.umaine.edu/ble/U.S.%20HCweb.pdf (PDF alert!).

      And this dismal performance comes at a per capita cost that's about double the cost in the nations that do better at keeping their people alive longer http://ucatlas.ucsc.edu/spend.php.

      It's no great leap of logic to conclude that in the U.S., the government supports corporate profits as being more valuable than human lives. (DOH!)

    28. Re:eminent domain by b.burl · · Score: 1

      Who pays for drug R&D?

      Every man woman and child that has ever paid taxes, paid for health insurance, or paid for drugs. The money for ALL of the drug companies machinations comes from society. Is it not possible to design a system of reward without the souless, profit driven corporations? Or are public universities and philanthopic orgs the the Howard Hughes Medical Institute too stupid and lazy fund and organize research initiatives?

      yeah your probably right. Without the CEO's and their 200 million dollar retirement packages (google pfizer + McKinnell) or their 20 million/year in salaries, there would be no quality research. God bless these corporations and their executives.

      as a side note, the head of the fda is right. Americans should not be able to re-import drugs from canada at a 50% savings because "...al Qaeda might attack the supply of Canadian drugs." God bless this man for saving american lives from that bearded guy living in a cave without a telephone.

    29. Re:eminent domain by ceoyoyo · · Score: 1

      Actually, most of our long life expectancy and high standard of health is due to sanitation and hygiene, not to the dramatic high tech or pharmaceutical interventions. Those tend to happen most for the old or very sick, extending their lives by a few years, which doesn't really change the life expectancy all that much.

    30. Re:eminent domain by ceoyoyo · · Score: 1

      It's actually illegal to patent medical devices in Canada. Unfortunately that doesn't have much effect since they're just patented in the US and we're under treaty obligation to honor that patent.

    31. Re:eminent domain by paulthomas · · Score: 1

      I was pointing out that appropriation by any other name is still appropriation. When a moral decision is involved it is important to call things what they are and not have pretenses about what action is being suggested.

    32. Re:eminent domain by curious.corn · · Score: 1

      Next time you apply for a grant don't forget to append this comment to the motivational letter...

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    33. Re:eminent domain by QuantumFTL · · Score: 1

      If "eminent domain" was "fair market value" then people would be happy (no, eager) to have their work appropriated. Why aren't drug companies lobbying for federal money to buy their great cures? Maybe it's because the government would never pay what he cure is actually worth to the company?

    34. Re:eminent domain by coredog64 · · Score: 1

      Throw into the mix all the money the drug companies have given to politicians to help maintain the status quo and you begin to see how difficult it is to make changes.

      You think that's bad? Check out this industry. Their totals make
      contributions from PHARMA look like fucking chump change. $93 million in 2006 compared to $15 million. $183 million in 2004 compared to $18 million.
      Hell, look at the top ten list PHARMA is #10 in 2006 and #16 in 2004.

    35. Re:eminent domain by Chandon+Seldon · · Score: 1

      The system as it works now has issues, but at least it works.

      Making a law requiring that half of all university tuitions be spent on medical research would be a system that "has issues yet still works". My threshold for things being complaint worthy is way lower than that - down near "it works, and works well".

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    36. Re:eminent domain by ShakaUVM · · Score: 1

      Who pays for drug R&D?

      Every man woman and child that has ever paid taxes, paid for health insurance, or paid for drugs.


      No. The drug companies pay for R&D. If patents were eliminated, they'd continue selling the drugs they have and pay off their R&D budget in dividends.

      A socialist or communist model of drug development doesn't work very well either. Count the number of drugs developed in Soviet Russia during the same time period as the US during the 50s-80s.

  10. absolutely by WillRobinson · · Score: 1

    Yes its pulled from there. And the value does not matter, what matters is those with the gold rules, and continue to make their own rules, to control the rest of us meager hard workers just making a living.

  11. Re:So now you know by Anonymous Coward · · Score: 0
    Some neo-neanderthal will be along to call you a "puke liberal" any second now and explain how all the data that indicates the massive imbalance of wealth distribution is flawed, wrong, and doesn't matter anyway.


    If you really were liberal-minded, you'd quickly see the logic of the "neo-neanderthal", but that will never happen because you're a mere leftist with a conservative style of thinking.

  12. Interesting comparision... by jonr · · Score: 4, Insightful

    Why not? If you can forcefully let individual "sell" his property for the greater good, why not a corporation? What is the difference between taking a property from a house- or landowner and a pharmaceutical company?

    1. Re:Interesting comparision... by Kizor · · Score: 1

      The company has the resources to make you hurt if it wants to. And governments need to be able to ignore that. Mod grandparent up already.

    2. Re:Interesting comparision... by Anonymous Coward · · Score: 2, Insightful

      What is the difference between taking a property from a house- or landowner and a pharmaceutical company?

      the pharmaceutical company gives larger bribes^H^H^H^H^H^H campaign contributions.

    3. Re:Interesting comparision... by deblau · · Score: 1
      What is the difference between taking a property from a house- or landowner and a pharmaceutical company?
      The difference is that drugs are directly related to protecting the health and safety of citizens, the sole purpose of government, while land-grabs aren't. Maybe if the Mexicans suddenly decided to invade Texas, some unfortunate ranchers might lose their land to set up a DMZ, but this would also protect the health and safety of Americans.
      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    4. Re:Interesting comparision... by Anonymous Coward · · Score: 0
      What is the difference between taking a property from a house- or landowner and a pharmaceutical company?


      Millions of suffering poor people is one difference.
  13. Alternatives to Intellectual Property by randall_burns · · Score: 4, Interesting

    The real question is what would be a better way to reward inventors than intellectual property arrangements. IP doesn't reward creation of an invention-but its restriction. It is clear that major corporate interests have abuse IP protection in various ways. The problem is that an alternative system isn't exactly obvious. The economist Henry George proposed replacing the system of patents and copyrights with a system of prize awards over 100 years ago. However, determining what inventions should be rewarded is still going to be difficult.

    1. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 2, Interesting

      The economist Henry George proposed replacing the system of patents and copyrights with a system of prize awards over 100 years ago. However, determining what inventions should be rewarded is still going to be difficult.

      Let the free market decide.

      We need a large-scale system where either a buyer or a creator could publicly propose a "prize" for any new creation of their specification. Interested buyers could put whatever it was personally worth to them into an escrow account and interested creators could bid for a contract on that escrowed money. When they come to an agreement and there is enough money in escrow, the creator gets busy creating.

      Such a system need not even be limited to finished products - it could be done iteratively. Because the end result of each "prize" is put into the public domain, each iteration need not necessarily even employ the same creators as the last one.

      The key is for the system to be large-scale. Large enough for everyone with a computer and a bank account to participate. It can bankrupt a drug company if it spends $10B on developing a drug that doesn't pan out. But when 1 billion people spend $10 each and it doesn't work out, its not much worse than skipping dinner. And you get the benefit of all that $10B worth of work now in the public domain some of it might be salvageable for some other use, instead of being locked away in some company's vault of "intellectual property" that no one looks at and no one can use.

      --
      When information is power, privacy is freedom.
    2. Re:Alternatives to Intellectual Property by Explodicle · · Score: 2, Insightful

      Your idea is similar to that of the Free software bounty. However, it may result in a "free rider problem" - if 999,999,999 people have already promised $10 for that cure, there is no incentive for that last person to pledge their share. As the pot grows, people will receive more of a benefit by paying for existing treatments for themselves than pitching in for further research.

      Not to say that this or a similar system couldn't work, but this is a serious problem that would need to be addressed.

    3. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 1

      However, it may result in a "free rider problem" - if 999,999,999 people have already promised $10 for that cure, there is no incentive for that last person to pledge their share. As the pot grows, people will receive more of a benefit by paying for existing treatments for themselves than pitching in for further research.

      You have that completely backwards. If 999,999,999 people have already put their money in, the last guy to put in $10 is effectively getting $10B return for his $10. The larger the pot, the greater the incentive, not the smaller.

      --
      When information is power, privacy is freedom.
    4. Re:Alternatives to Intellectual Property by pla · · Score: 1

      Let the free market decide.

      Except, you've expressed an idea COMPLETELY incompatible with intellectual property. You simply can't have IP in a truly free market (which we don't, and will never, have - not even close). IP can only exist either as closely-guarded "trade" secrets, or as a form of legal/fictional "property". Dealing with the former explains why we have our current system of patents in the first place, though when it actively blocks certain avenues of research, I think we can safely say it has failed.

    5. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 1

      Except, you've expressed an idea COMPLETELY incompatible with intellectual property.

      Uh yeah, that's why the subject line of your post is Alternatives to Intellectual Property.

      --
      When information is power, privacy is freedom.
    6. Re:Alternatives to Intellectual Property by aminorex · · Score: 1

      The major gap in such a program is the lack of support for research which produces profound public benefits which are unforeseen. The essence of invention being novelty, the most fundamental innovations could never get awarded, if all of the awards were, in essence, contract research RFPs.

      --
      -I like my women like I like my tea: green-
    7. Re:Alternatives to Intellectual Property by Explodicle · · Score: 1

      Let's say you are the last person to decide whether or not he wishes to contribute. You will be getting the $10B return even if you contribute nothing. The opportunity cost (which is $10) FAR outweighs the theoretical benefit (a 0.0000001% difference in the R&D budget), so an individual acting rationally in his own self interest would opt not to contribute. Your system, without modification, would result in a tragedy of the commons.

      Sorry for being elitist, but this IS Slashdot after all. Try picking up an economics textbook before you try solving the world's intellectual property problems.

    8. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 1

      Let's say you are the last person to decide whether or not he wishes to contribute. You will be getting the $10B return even if you contribute nothing.

      You are making a false assumption. If you are indeed the last person to decide to contribute or not and you decide not to contribute, then you (and everyone else) gets nothing and loses nothing. That's the whole point of escrow.

      --
      When information is power, privacy is freedom.
    9. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 1

      Why is pure research funded today? Because someone thinks it is worthwhile.

      There is no reason that a contract for pure research could not be funded in the same fashion as applied research. All it takes is enough people with enough money who think it is worthwhile.

      --
      When information is power, privacy is freedom.
    10. Re:Alternatives to Intellectual Property by Explodicle · · Score: 1

      ... And then person number 10,000,000,001 becomes the "last person". My only assumption is that the free rider problem still exists, and you have yet to address it. Why should I be one of the billion people to volunteer my money, when I will enjoy the rewards if I just wait for someone else to do it?

    11. Re:Alternatives to Intellectual Property by Jah-Wren+Ryel · · Score: 1

      For one thing, time isn't necessarily free. Especially if you are looking for the cure for a disease. It needn't even be a fatal disease - putting up with disfigurement or discomfort sucks each and every day you have to do it.

      --
      When information is power, privacy is freedom.
  14. Medical Industry by Bios_Hakr · · Score: 2, Interesting

    >>'Knowledge is like a candle, when one candle lights another it does not diminish its light.'

    Apparently he was also a Girl Scout at some point...

    The entire medical industry is broken. Probably to the point where it cannot be fixed. Government regulation could go a long way, but who really wants a bigger government?

    1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.

    2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.

    2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?

    3. If a company develops a truly amazing cure/drug, the government should step in and buy it for the cost of development. The drug should them be distributed for the cost of production inside the US and for twice the cost of production outside the US. Once the costs are recouped, it should be just the cost of production inside and outside the US.

    4. Get rid of medical lawsuits. A judge and jury have no idea if what a doc did was right or wrong. Appoint a commission of well-respected docs and have all medical complaints go through that office. If the commission decides the doc was wrong, then the doc should be fired and the patient recouped in a fair way.

    4a. Make hospitals stop charging so much. Why does it cost $200 for an x-ray and $10 for a tylenol? Because of lawsuits.

    5. Make US employers provide health insurance. Yes, all of them. Call it the cost of doing business in the USA.

    5a. For every non-US employee a company contracts or subcontracts, make them pay money directly to the federal government's unemployment fund. In other words, a non-US employee working for a US company still gets taxed at the same rate as a US employee would.

    6. Identify the hypochondriacs and truly sick people. Fix them. I go to the doc, on average, once a year for a checkup. Maybe once every 3 years for an illness. My kids get checkups and rarely go to the ER for being sick or hurt. If you or your family member is going to the hospital every week, something (lifestyle or mental) needs to be fixed.

    7. Pay for any improvements by taking money out of the DoD. Stipulate that the DoD has to maintain current manning levels and quality of life. All money taken from their budget should be from cruft (how much does DoD spend on office supplies) or from special projects (Do we really need the JSF right after the F-22).

    7a. Reduce the funding to every government agency by 2% per year until the customers start complaining. Then, analyze the complaints to see if better customer service could fix the problem. Fire assholes and slashdoters. We pay for 8 hours, fucking work them.

    8. Threaten corporate shareholders with jail for withholding good drugs at low cost.

    9. Mandate one special project for major companies. Wanna do business? Then you have to work on a cure for AIDS.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
    1. Re:Medical Industry by Nasarius · · Score: 1
      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.
      But that's the nature of research. Yeah, sometimes it can be targeted, but very often you're exploring some area and discover something completely unexpected, which has a different application.
      3. If a company develops a truly amazing cure/drug, the government should step in and buy it for the cost of development. The drug should them be distributed for the cost of production inside the US and for twice the cost of production outside the US. Once the costs are recouped, it should be just the cost of production inside and outside the US.
      And encourage private pharmaceutical companies to focus even more on penis pills? Bad idea, generally.
      9. Mandate one special project for major companies. Wanna do business? Then you have to work on a cure for AIDS.
      Now that's interesting. I'd combine ideas #3 and #9 and give out large grants for research (we don't do nearly enough of this, and the national labs we have are embarrassingly underfunded), with the provision that any resulting patents are owned by the US government.
      --
      LOAD "SIG",8,1
    2. Re:Medical Industry by Anonymous Coward · · Score: 0

      "2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?"

      Does your dick get hard when you smoke a joint?

    3. Re:Medical Industry by Anonymous Coward · · Score: 1

      If I were an American, which I'm not and which I assume you are because of the jsf bit, and if you were running for president, which you presumably are not, then I would vote for you...

      that little to do list of yours would go a very long way.

      may I suggest a free bicycle for everyone and a 10$ / gallon gas price, the extra profits on the gas to go in to education and TOTAL separation of state and church, no more corporate contributions to politicians coffers on penalty of 35 to life ?

      jacquesm posting anonymously can't seem to remember my login right now :)

      merry xmas !

    4. Re:Medical Industry by techno-vampire · · Score: 3, Informative
      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.


      Oh, how I wish I could get rid of my Type II diabetes just by getting more exercise. I love to walk and often walk several miles a day, but I still have to take my pill morning and night. Part of Type II diabetes is resistance to insulin, so that even if you have what would normally be enough, you still have blood sugar trouble. I hope that someday, preferably soon, you can learn from personal experience that a treadmill isn't a cure for diabetes.

      --
      Good, inexpensive web hosting
    5. Re:Medical Industry by melvin+xavier+xiv · · Score: 1

      Okay, you don't really get it. Here's a brief recap of your main drive, and answers for you: Q: Why is the American medical system so absurdly expensive and inefficient? A: Because big businesses make insane profits off your illness. You pay out the ears, your employer's health insurance (assuming you have one) pays out the ears, and big businesses make mad moolah. If we had a more efficient, socialized healthcare system, would their pockets be lined with your money? I think not. But who has more political clout: a big business with loads of cash for policial lobbying, or a bunch of random, politically-unorganized sick people who can't afford the ridiculously overpriced medical care that will save their lives?

    6. Re:Medical Industry by scum-e-bag · · Score: 1

      My moderator points ran out yesterday. Good post. :)

      --
      Does it go on forever?
    7. Re:Medical Industry by Bios_Hakr · · Score: 1

      I've seen a lot of social health care systems. Canada, Italy, Germany, Switzerland, Austria. All of them are broken in some fashion.

      Profit means better service for the customer. Social HC means no chance of profit. That means the customer gets shitty service and the hospitals have no incentive to change.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    8. Re:Medical Industry by Anonymous Coward · · Score: 0

      Excellent points - but how to make it work in a dependable and predictable way? In the big picture we're just coming out of the tail end of the industrial age in the west and entering the information wild west. There's enough people now that we can adapt to economies of scale but no precedent to stimulate change. The rich people have to understand that poor people - the true majority of the world - can only be kept from eventually impinging their lifestyle if they are provided the basic minimums of life. All the money in the capitalist system should bubble to the top as it does now but from there the extra step should be taken to infuse it back into the base of the system. I'm talking social programs. Corporations everywhere pay huge taxes that subsidize the worlds poor. I'm not talking about an xbox in every bedroom however, rather every person on the planet will have at a minimum communal housing and basic living needs such as minimum food, healthcare, and education provided at the expense of the two percent of people who have aquired practically all the wealth. From there you institute a real system of advantages, you can work and it will increase your advantage level. If you work you get an apartment instead of the open room where 20 people sleep in on-camera beds arranged in a grid. Minimum standards that are upgraded with effort expended. And don't get me onto Education. Education should never stop in a perfekt world aptitudes should be tested for and encouraged to develop on individual cases throughout the grading system. At the same time exploration of other areas of interest should be encouraged as well. This should continue through your whole life creating points in your life when contrasted you could be doing completely different things. Information systems are what could bring this kind of promise into our reality. And the rich people don't get randomly killed by jealous poor people!</RANT>

    9. Re:Medical Industry by Thanatopsis · · Score: 1

      Actually medicine "for profit" tends to be equally poor. Any claim on your healthcare insurance diminishs the profitability of the said health care - so they naturally do everything to deny your claim, lengthen your claim rembursement and reject necessary procedures.

    10. Re:Medical Industry by compro01 · · Score: 2, Insightful

      Profit means better service for the customers who can afford it.

      there. i fixed that for you.

      --
      upon the advice of my lawyer, i have no sig at this time
    11. Re:Medical Industry by rjshields · · Score: 1, Flamebait
      2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?
      Marijuana does nothing to oppress, instead it opens peoples' minds to think in new ways. Free thinkers are dangerous, so they keep us ignorant about its medicinal qualities and spread lies that it is more harmful than it really is. Give them alcohol to rot their minds and bodies, pornography to desensitize and viagra keep their dicks hard.

      People are also scared of things they don't understand. Unless you've had a toke yourself it's easy to believe the lies when you see some bum having a whitey.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    12. Re:Medical Industry by twiddlingbits · · Score: 2, Interesting

      #4 Good Luck, first we got to get rid of the Ambulance Chasing Lawyers. We have too many of them so to "make a living" then invent things to sue about. They file dumbass suits they get disbarred AND pay court costs AND a fine. That'll stop them, but alas too many lawyers are legislators (in BOTH parties) so this is really dreaming.

      Combine 5 & 6: everyone is covered but everyone must get regular checkups. Hypochondriacs are mental cases and should be treated as such.

      #5a; If you work in the USA you pay the same taxes regardless of being a citizen, H1-B, or green card holder. Yea, in some cases crooked firms who knowingly hire illegals as employees or contractors (Wal-Mart) don't withhold taxes. I would say no taxes paid no access to health care or the legal system.

      #7 Thats a dumb idea. The cost of the military "quality of life" goes up every year just due to inflation. Big ticket projects and R&D should be funded but we need to make sure we get the return. We can't weaken defense to the point we are vulnerable if some idiot in Iran or North Korea wants to attack our way of life. In your case the JSF is a fighter for AF and Navy and Marines, the F-22 is AF only. In this case we DID save money by each service NOT getting to run it's own program.

      #7a I'll support that one, if due to lower staff they don't get to make up and enforce stupid laws that add to the cost of items.

      #8 is just silly. I own shares of a Drug company via my 401K Mutual Funds..so how does that make me a criminal? Profit maxmization within the ethical bounds of the community is what business SHOULD do. They make money, they pay taxes, and dividends to investors large and small. What I would support is less years of patent protection AND there should be a way for the Gov't to "buy out" a drug for the public good in times of a health care crisis.

      #9 is starting down an interesting path. I'd say if a drug company spends $1 of Gov't money on researching a drug then that drug patent belongs to the Gov't and it's citizens. The Defense Department should do that too. I know the laws are on the books to do that for DoD work but they are rarely enforced.

    13. Re:Medical Industry by Bios_Hakr · · Score: 2, Insightful

      Exceptions to every rule...

      However, the vast majority of health problems in the US are caused by lifestyle. Not everyone who has lung cancer smokes. However, most of them do. No everyone with heart disease eats fatty food. Most of them do.

      Not all diabetes can be cured with exercise and diet. However, if you are overweight and have a bad diet, then that should be addressed before a doc whips out his prescription pad.

      >>I love to walk and often walk several miles a day

      You could walk all day long and still be out of shape. Every adult needs 45+ minutes of 80% max heart rate exercise 5+ days a week. Walking will rarely get you above 60% MHR. That's fine for losing weight, but no good for overall fitness.

      Look at the recommendations for body composition. A 6' male should weigh no more than 170lbs. At 190lbs he would be obese. At what, 210, he'd be morbidly obese. How many 6' males do you know who weigh 170? 190? 210? I'm willing to bet that number ramps up exponentially. Where do you think you fit in?

      Once weight and diet are analyzed and fixed, then, and only then, should a doctor prescribe a drug. Too many people take the drug and never fix the problem.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    14. Re:Medical Industry by Bios_Hakr · · Score: 1

      >>#5a; If you work in the USA you pay the same taxes regardless of being a citizen, H1-B, or green card holder. Yea, in some cases crooked firms who knowingly hire illegals as employees or contractors (Wal-Mart) don't withhold taxes. I would say no taxes paid no access to health care or the legal system.

      That was actually intended to address US companies firing US employees and outsourcing projects. If you hire and Indonesian in Indonesia to do a job that a USian could do in the US, you still have to pay US taxes on the foreign worker.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    15. Re:Medical Industry by Anonymous Coward · · Score: 0

      Oh bullshit. Pot just makes you sit around and act like your retarded ideas are brilliant insights.

      I actually support the legalization of pot, since it'll keep the dumbasses busy in their parents' basement.

    16. Re:Medical Industry by Anonymous Coward · · Score: 0

      "Government regulation could go a long way, but who really wants a bigger government?"

      I do, if it means cheaper and more comprehensive health care.

    17. Re:Medical Industry by LunchSpecial · · Score: 1

      Your observations are so widely shallow they only look like depth.

      What you are basically proposing are TIGHTER government controls on EVERYTHING. I don't know how you do that while saying "Government regulation could go a long way, but who really wants a bigger government?" in the beginning of your post. But somehow that logic makes sense to you.

      "7a. Reduce the funding to every government agency by 2% per year until the customers start complaining. Then, analyze the complaints to see if better customer service could fix the problem. Fire assholes and slashdoters. We pay for 8 hours, fucking work them."

      This is my favorite of your comments. You try reducing the funding for the arts, and watch as they torch your house and call you a fascist.

    18. Re:Medical Industry by hero_or_what · · Score: 1

      >> 1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is
      >> right for your itchy ass.
      That's funny because as a visitor to the US, its the first thing you notice. I don't recall the last time I saw an ad in way that is highly annoying anywhere else.

      >> 5. Make US employers provide health insurance. Yes, all of them. Call it the cost of doing business in the USA.
      Health care is expensive, simply because it *requires* the human touch. In places where the population is aging, the costs would only increase.

      >> 5a. For every non-US employee a company contracts or subcontracts, make them pay money directly to the federal government's
      >> unemployment fund. In other words, a non-US employee working for a US company still gets taxed at the same rate as a US
      >> employee would.
      That's fair only if US companies do not buy or sell *anything* from the rest of the world. Don't buy Cars, Clothes, Toothbrushes and electronics from other parts of the world and also don't sell airplanes, guns to the rest of the world. Its not going to happen that way.

    19. Re:Medical Industry by istartedi · · Score: 1

      1. Agreed. Precedent? You can't advertise cigarettes.

      2. Disagreed. Impossible to determine or regulate what should or shouldn't be developed.

      2a. Agreed--the war on drugs is being fought by people who failed to learn from Prohibition.

      3a. Somewhat agreed. This system lends itself to abuse in terms of determining what is and isn't a "cost of production".

      4. Partially agreed. Agreed that the lawsuits must end--the purpose of the system must be to weed out doctors who are truly incompetent and a danger to the public; not to line lawyer's pockets. Disagreed that it should be a panel of physicians. There's too much danger of the fraternity members not wanting to punish eachother. The proper people for determining whether or not a doctor has an unacceptable rate of errors are actuaries--insurance company specialists who are already making these kinds of decisions, based on statistics. You don't need to be a physician to understand error rates, standard deviation, etc.

      4a. Partially agreed, but you can't just arbitrarily force lower prices. Hospitals must publish one price list for all comers--no preference for any provider (see point 5, this is an inportant component to make the system work).

      5. Agreed, but it has to be INSURANCE in the true sense of the word. What we have now are heavily administered BUYER'S CLUBS. In order to qualify as insurance, the plan should have A. An annual deductable considerablly higher than it is now. B. No such thing as a "network"--if the doctor is board certified, he's in your network. C. Zero paperwork at the point of service--the doctor bills you, and if the bill exceeds your deductable then, and ONLY then, you submit a claim. These are the hallmarks of an efficient INSURANCE program, as opposed to the horrible, unfair, infefficient BUYER'S CLUBS we have now.

      5a. Disagreed. Too easy to skirt, and really sounds like it would just expand beurocracy and/or increase US hegemony.

      6. Neither agree nor disagree. In essence, you are saying "heal the sick". We are already trying to do that.

      7. Disagreed. We should get out of Iraq though--that's what's really busted our burn rate sky high.
      We never should have gone there.

      7a. Neither agree nor disagree. Do you have any idea how many people have ridden into office saying they were going to cut government waste? It will rain donuts before this happens.

      8. Disagree, unless you can come up with a reasonable definition for what constitutes a crime here.

      9. Disagree. Forcing a bunch of companies with no expertise in a particular area to get involved with a specific type of research is a terrible waste of resources. What? Suddenly every drug company needs an HIV department? Either they'll be a sham, or this will drive the demand for HIV experts sky high, or simply drive firms out of the business. It's more efficient to use tax dollars to fund research carried out by companies that have voluntarily decided to specialize in this area. Even then, simply throwing money at this problem is not going to help. AIDS could be eliminated through many techniques that have nothing to do with drugs, which by improving the health and prolonging the lives of the infected, have actually lead to a rebound of infection rates in the West. I'm not saying we shouldn't treat people--it would be inhumane not to; but treatment that isn't coupled with prevention is ultimately more cruel than no treatment at all. Just ask anyone who got infected by a "healthy looking" partner who would have died years ago if there had been no treatment.
      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    20. Re:Medical Industry by Anonymous Coward · · Score: 0

      Profit means better service for the customer.

      Yeah, because when I'm unconscious from a stroke, I demand the best service I can get!

      Or at least I can hope that the ambulance company who shows up is contracted to deliver to a nearby hospital instead of hauling me 60 miles to the place that'll pay them $100 more for dropping me off.

    21. Re:Medical Industry by Anonymous Coward · · Score: 0

      The entire medical industry is broken. Probably to the point where it cannot be fixed. Government regulation could go a long way, but who really wants a bigger government?

      The "entire medical industry" has basically expanded life expectancy by 100% over the last 100 years and keeps going. But even if this weren't the case, what sort of service has been better provided by increasing regulations and government involvement? Other than national defense, I can't think of an example that is unabiguously positive.

      The fact of the matter is we don't have a health care problem as commonly portrayed. We have a cost issue due to two things primarily: 1) that the average person has little or no idea of what health care costs, so they demand excessive amounts and sue when they don't get it. This is caused by the way insurance is provided in the US, and "increasing access" (as the pols call it) will only exacerbate this situation; and 2) that the wealthier an economy gets, the more demand there is for health care and health care is an industry that really doesn't benefit much from mass production. We have a conjunction of Baumol's Cost Disease and a luxury good in economic terms, which means costs will go up and accelerate, and other than rationing there is no "solution" other than to make everyone poorer. That, fortunately, is considered a poor solution by just about everyone to the right of Mao and Stalin.

      1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.

      Under the theory that complete ignorance of options is bettern than slightly less than complete ignorance of options? If your ass itches, wouldn't you want to know there might be a solution?

      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.

      2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?

      If there is a market for it, how is it a waste of money, exactly? And as for your 2a--it's a non-sequitor. Sure, illegal pot is a cure far more costly than the disease, but what does that have to do with companies doing drug research where there is clearly a demand for such reasearch?

      3. If a company develops a truly amazing cure/drug, the government should step in and buy it for the cost of development. The drug should them be distributed for the cost of production inside the US and for twice the cost of production outside the US. Once the costs are recouped, it should be just the cost of production inside and outside the US.

      This is silly--so the best a drug company could hope for is to break even (recoup the cost of development), but they have to assume all the risk for failed research? What drug company would stay in business with that bargain? Then what? Nationalize drug research? I'm sure politicizing priorities for research is the cure to your previous comment about pot and Viagra/Cialis--after all, it's not like old people have any political power at all....

      4. Get rid of medical lawsuits. A judge and jury have no idea if what a doc did was right or wrong. Appoint a commission of well-respected docs and have all medical complaints go through that office. If the commission decides the doc was wrong, then the doc should be fired and the patient recouped in a fair way.

      So how would you get the patient "recouped in a fair way" without a lawsuit? Have doctors decide how much other doctors should pay a patient that they just crippled, scarred for life or killed? Doctors protect themselves just like lawyers protect themselves and without the threat of punitive damages it is unlikely that your commission would ever decommission one of their own--a recent case in the State of Washington with an OB/GYN charged with multiple forms of malfeasence i

    22. Re:Medical Industry by shadowmas · · Score: 1

      "Fire assholes and slashdoters. We pay for 8 hours, fucking work them."

      Hmm, so then sir exactly what are you doing posting this rather than f****** work?

    23. Re:Medical Industry by rjshields · · Score: 1
      Oh bullshit. Pot just makes you sit around and act like your retarded ideas are brilliant insights.
      I tend to agree, but it depends on who's smoking it and how much ;) Still, it's a whole load less harmful than alcohol and has legitimate medical uses.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    24. Re:Medical Industry by mabhatter654 · · Score: 1

      wrong, he's not talking about the arts, he's talking about routine funding for slow-moving buearocratic organizations like the DMV.... where inefficient middle managers "following the rules" waste time and money not getting work done... like read myspace while leaving the clients waiting.

    25. Re:Medical Industry by techno-vampire · · Score: 1
      Look at the recommendations for body composition.


      As far as I can tell, not one of them takes into account what kind of shape you're in. A 6 foot tall body builder is going to weigh much more than a 6 foot tall couch potato, but which one is overweight? One size never fits all, in clothing or in weight charts.

      Yes, proper exercise and getting down to the right weight is part of controlling Type II, but neither of them will cure it because it's a change in your body chemistry that causes it, not a lifestyle choice.

      --
      Good, inexpensive web hosting
    26. Re:Medical Industry by bahwi · · Score: 1

      5. Make US employers provide health insurance. Yes, all of them. Call it the cost of doing business in the USA.

      No, quite the contrary, make it ILLEGAL for employers to provide health insurance. Make it a free market instead of a limited one like it is now. Where, "You have to have health insurance from me, or my friends, and we're all in it together."

      A small free market is finally developing, awhile ago it costs hundreds per month for health insurance for myself, I wouldn't be able to be a contractor. Make it so it is a free market, where price is a driving factor, and where people can choose. If one company chooses for several thousand people, there is no free market(only in a broader sense). Reducing health care costs means opening it up. Let the employers pay you what they would pay the health insurance co's, as well as the extra people in HR to manage that stuff, and let the health insurance companies actually fight for your business instead of buying the VP of HR dinner and a new car to determine this stuff.

    27. Re:Medical Industry by mabhatter654 · · Score: 1

      I think he's getting at the idea that a corporation should be treated like we treat US citizens abroad. We have rules so a guy like Bill Gates can't just keep his citizen ship but move to an island and never pay taxes... as a US citizen you're Always on the hook for Social Security, and income taxes on the money you make... even in other countries. But for some crazy reason corporations don't have to pay "social tax" on anything outside the geographic boarders? I think what he's pushing for is the ideas that corporations are "citizens" of their "home" country and can't get out of their employer obligations by moving the jobs somewhere else why they enjoy intellectual property restrictions on all the customers in the home country!! Of course the US govt would NEVER allow that as they rely on all sorts of para-govt, para-military corporations like Haliburtion for example to enforce the REAL US policy abroad.

    28. Re:Medical Industry by Profane+MuthaFucka · · Score: 1

      I think the guy you're talking to is confusing cure and prevent. Once you've got diabetes, it's hard to cure it. But, there are some risk factors for diabetes which can reduce the incidence of the disease. It might not prevent *your* diabetes, but it'll lower the overall amount of it in the population.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    29. Re:Medical Industry by gutnor · · Score: 1

      Anyway, that's very hard in pratice to tax a company for the people it employs abroad.

      * When the US Company doesn't hire anybody, it just fires people home and buys a contract with another company. Example: if Apple buys CPU from Intel, a leasing contract for management car, a maintenance contract for their buildings, well they can also buy a helpdesk contract from a foreign company. Fiscality will only hurt trully international companies that have employees internally employed in multiple countries, and they will eventually probably only split the company.

      * Some companies like a building maintenance company for example can have multiple branches abroad. However the maintenance need to be done on site, so in this case this is silly and anticompetitive.

      * Other countries will take similar actions in 'retaliation'

      OK I like the idea in theory. I could solve a lot of trouble like: taxing companies for employing children or voluntarily keeping their foreign employees in immoral situation just because it is allowed by foreign country legislation.
      But practically, until there is a trully internation body with real internation power (i.e. Is respected by the US, China, Europe, Israel and Japan ) that's just a dream.

    30. Re:Medical Industry by techno-vampire · · Score: 1

      That I can agree with. It might also help to avoid Agent Orange, as I may have been exposed to back in '72.

      --
      Good, inexpensive web hosting
    31. Re:Medical Industry by Anonymous Coward · · Score: 0

      WTF, flamebait? Come on! Mod on crack.

    32. Re:Medical Industry by Anonymous Coward · · Score: 0

      Better stay away from asbestos too. I hear it can be nasty.

    33. Re:Medical Industry by Beryllium+Sphere(tm) · · Score: 1

      >1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.

      Doesn't go far enough. Huge amounts of money go toward marketing directly to doctors. Doctors should be getting their information from independent tests, medical literature, and the experience of colleagues. Drug companies are spending more money on marketing than on R&D, and their R&D costs more than most people can imagine.

    34. Re:Medical Industry by Chandon+Seldon · · Score: 1

      You are the worst economist / social architect ever.

      The "pick a solution arbitrarily and mandate it" technique that you favor is not an especially effective way to solve problems. The problems you're thinking of are possible to solve, but your technique isn't going to do it well.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    35. Re:Medical Industry by thrillseeker · · Score: 1

      I do, if it means cheaper and more comprehensive health care.

      Thank you for deciding for me how my money is best spent. It is such a drudgery all my life trying to make my own decisions about how to best allocate my resources for my own benefit - now that the lovely warm womb of government can make the oweee go away I have no need for any of my money. Indeed, I think it'd be easiest if I just quit receiving money for my effort - I will just get up at 5 every morning as I've done for so many years and go work as hard as possible for that 12 hour shift because I know that the government will make the very best decisions about how to allocate the value I create, and government will take the very best care of me and my family and everyone else too. Sure, some people in certain positions will get a little better than others, but it will be because they deserve it, being such great leaders and looking out for all of us - and only they should get the big cars and jets and stuff too - we can all take the bus to save money for the effort. It's silly thinking that if I save my earnings and take the time to carefully choose how I spend my blood, sweat and tears, that I am doing the best for myself and those that I care for - why, the loving government will efficiently decide and will always know the exact amount of effort and money to spend to care for me - why, they'll spend every cent in the treasury to keep me happy - because I'm so special - and when someone else needs all that effort, they'll get it too - because we all really know that money can simply be printed and spent as needed.

      Oh, and they'll give me a pony too.

    36. Re:Medical Industry by Chandon+Seldon · · Score: 1

      Now, I absolutely agree that Marijuana should be legal. Our taxes are higher due to an unwinnable fight against the United States' largest cash crop. If it were legal and taxed, my taxes would be lower twice: once because I wouldn't have to pay for the "war on drugs", and once because of the tax on pot.

      As for smoking pot being a good idea to "expand your mind", that's utter bullshit unless your neurochemistry is completely different from anyone I know. Marijuana increases appetite, dulls pain, and helps people with ADD concentrate. It also makes people who don't have ADD worse at learning new things and abstract thought in general. So... Yes, it should be legal; No, people shouldn't be encouraged to use it more recreationally.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    37. Re:Medical Industry by plopez · · Score: 2, Insightful

      A friend of mine is in health care. She stated she would never want to go to a private, for profit, hospital. Why? Because every decision they make is based on profitability. She has seen both professionally, and a non-profit hospital put the patient first and the cost second. For profits focus on what they can bill.

      --
      putting the 'B' in LGBTQ+
    38. Re:Medical Industry by evilviper · · Score: 1
      2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?

      How are these two even remotely related?

      Why can a restaurant sell a burger for $10 when it's raining outside?

      Get rid of medical lawsuits. A judge and jury have no idea if what a doc did was right or wrong.

      A) You could say the same thing about ANY specialized subject. A judge and jury have no idea if cigarettes are addictive or not.

      B) Many recent studies have shown that the large majority of doctors and hospitals more or less deserve to be sued for malpractice. They cut corners, hire FAR fewer nurses than required, and other similar cost-saving practices which directly correlate to a higher death-rate.

      I think I agree with what you were going for (banning doctors convicted of malpractice) but I can't envision any way this could work in the real world... yet.

      All money taken from their budget should be from cruft (how much does DoD spend on office supplies) or from special projects (Do we really need the JSF right after the F-22).

      7a. Reduce the funding to every government agency by 2% per year until the customers start complaining.

      It sounds good on paper, but in the real world leads to corruption (no-bid contracts, sub-par equipment delivered, accounting failures, etc), more money and more dead soldiers due to maintaining the old, cheap, low-tech equipment longer than it should have been in-service.

      Lots should be cut-out of the federal budgets, but it takes tremendous ammounts of work to figure out exactly what and where, without compromising performance.

      8. Threaten corporate shareholders with jail for withholding good drugs at low cost.

      9. Mandate one special project for major companies.

      Very difficult to write such legislation without huge loopholes companies can squeeze through with bare-minimal effort.

      And to enforce it??? You're going to need to set-up another government office, with more paid employees.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    39. Re:Medical Industry by cpt+kangarooski · · Score: 1

      1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.

      However, that's a First Amendment issue. Commercial speech is fully protected by the First Amendment, at the same level as other forms of speech (e.g. political speech), so long as it does not concern illegal goods or activities, and is not deceptive. Some additional disclosures might be required, but that's not the same as barring the speech altogether. Telling people that some prescription drug exists, what it does, what side effects it might have, etc. is constitutionally protected.

      3. If a company develops a truly amazing cure/drug, the government should step in and buy it for the cost of development. The drug should them be distributed for the cost of production inside the US and for twice the cost of production outside the US. Once the costs are recouped, it should be just the cost of production inside and outside the US.

      First, it can't do that. This is a Fifth Amendment issue; the government can't take a patent from someone without paying just compensation. That means paying them the profits from the lifetime of the patent, adjusted for current money value. For an amazing drug, that's probably a few billion dollars in a lump sum. It could always not grant patents, or limit the grant of a patent, but that reduces the incentive of the researcher to pursue that drug to begin with. After all, what business will do work merely to recoup costs when they could make a significant profit? Also, how would the US get the right to make or distribute the drug outside of the US? That right is granted by other countries, and has nothing to do with us.

      4. Get rid of medical lawsuits. A judge and jury have no idea if what a doc did was right or wrong. Appoint a commission of well-respected docs and have all medical complaints go through that office. If the commission decides the doc was wrong, then the doc should be fired and the patient recouped in a fair way.

      That would be unjust; our judicial system exists to resolve disputes, and even administrative disputes are subject to review by the courts. That makes this a due process issue, and neither the federal nor state governments can deny due process. There are problems with your idea in that 1) doctors are likely to be sympathetic and biased in favor of other doctors, which may affect the results, and 2) the punishment you suggest is too harsh against the doctor (everyone makes mistakes, but getting fired isn't always an appropriate reaction), too lenient against the doctor (what if he's self-employed?), and probably not terribly helpful for the patient. It's also probably logistically impractical, in that there are so many complaints that there aren't enough "well-respected docs" to go through all of them.

      4a. Make hospitals stop charging so much. Why does it cost $200 for an x-ray and $10 for a tylenol? Because of lawsuits.

      The insurance industry has more to do with this than you think; even when there are more legal protections for doctors, and fewer for patients, premiums don't really go down.

      5. Make US employers provide health insurance. Yes, all of them. Call it the cost of doing business in the USA.

      Which doesn't help the unemployed, and possibly not the self-employed, and is still probably inefficient. I'd rather have a singular government-run system.

      5a. For every non-US employee a company contracts or subcontracts, make them pay money directly to the federal government's unemployment fund. In other words, a non-US employee working for a US company still gets taxed at the same rate as a US employee would.

      This will simply result in US companies not doing business outside the US, but instead spinning off nominally independent companies that it partners with, which do. Since those companies will lack a US presence, but still effectively be controlled from the US, this will be easily and effectively skirted. Similar practices are already common for certain types of regulations. It's also rather protectionist, which may not actually be helpful.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    40. Re:Medical Industry by Karaman · · Score: 1

      You sound like Hitler to me! It's creepy!

      --
      sex is better than war!
    41. Re:Medical Industry by Grym · · Score: 3, Insightful

      Not all diabetes can be cured with exercise and diet. However, if you are overweight and have a bad diet, then that should be addressed before a doc whips out his prescription pad... Once weight and diet are analyzed and fixed, then, and only then, should a doctor prescribe a drug. Too many people take the drug and never fix the problem.

      [In an exam room] Doctor: "Mrs. Johnson, I'd love to put you on a statin to lower your blood cholesterol levels and a beta-blocker for your chronic chest pain and high blood pressure, BUT random-smacktard1337 on slashdot thinks you need to get your fatass to the gym and stop stuffing your face first. So, get to it and check back with me when you're HEALTHY!"

      ...

      Doctor: "What? It's not that simple? Well, that's not MY problem, now is it?"

      ...

      Doctor: 'What will you do in the time between your miraculous transformation from an out-of-shape slob into a disciplined, world-class athlete?' How should do I know?! I only treat knowledgeable, motivated patients; not the vast majority of people--NOW GET OUT OF MY OFFICE!"

      ....

      Doctor: "Hmmph... the nerve of some people...."

      [/sarcasm] All kidding aside, it's quite clear that you have never spent a minute in a real-life clinical setting. Is there a place for preventative medicine? Of course. Could preventative medicine and proper lifestyles have prevented most incidents of type-II diabetes. In all likelihood, yes--but what do you do with people who have diabetes NOW? And what if they CAN'T exercise like they should? (You know, believe it or not, some people have more than one disease--go figure.) And even if they aren't compliant and don't exercise, what harm is there is there in doing what YOU (as a health-care provider) CAN do to help? Aren't lazy or [Insert Flaw Here] people entitled to medical care too?

      Lastly, I think you're being quite flippant about the effects of diabetes when you associate it with benign diseases like Erectile Dysfunction. I'm positive if you asked the staff of any ward unit at any hospital across the country to tell you about patients who have lost life or limb as a direct or indirect result of diabetes, you would find that between them they could tell you about HUNDREDS of cases.

      -Grym

    42. Re:Medical Industry by fname · · Score: 1

      I'll just hit #3, since it is the most antithetical to a libertarian, capitalist or democratic society. And would be a phenomenal failure. By "taking" any drug for the cost of development, you've just completely eliminated the motive for private companies to develop new treatments. Look at at this way. You spend all your money researching drugs. most of those end up making you no money. Then, you occasionally make a life-saving drug. But instead of profiting, you simply get your development costs back. So, for every drug, you either lose money or break even.

      Of course, it gets even better. You've now made it illegal to develop drugs for diseases that aren't on the approved government list. Basically, every drug company will start to wind down operations & cease developing new drugs. But you will save some money on current drugs, I suppose.

      Now, there are plenty of things wrong with the patent system regarding health care. Patents on genes are outright ridiculous-- you should be able to patent a test, but if someone else can test for the same gene another way, that should be appropriate. So I'd reform that. Allowing drug companies to get new patents based on nothing more than isolating one isomer (Prilosec/ Nexium) really benefits no one but the drug companies.

      But fundamentally, our "broken" drug patent system has performed remarkably well. some of my favorite people have repeatedly had their lives saved by drugs developed by "evil" pharmaceutical companies. So before you remove all the profit from drug development, you may want to see how many lifesaving drugs have been developed without private capital. How many were developed in the last 20 years?

      There are problems with system, but removing the profit from drug development removes the capital, too. Why don't you try to come up with a way to replace that $60-100 billion/ year in research (yes, research!) before you tear down the system.

    43. Re:Medical Industry by gizmo_mathboy · · Score: 1
      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.


      Do you realize how hard it is to change your diet and habits? I've had to because mine led me to Type 2 Diabetes (and a genetic predisposition). I have been fortunate enough to have been able to hack my diet and such for the last few years then when I did get diagnosed I was able to hack it some more and really start myself down the path were I might be able to control it with just diet and exercise.

      However, I do understand that the kind of introspection and acting on the introspection is rare among us humans. It is easy to criticize behavior but quite another to change your own.

      I agree that we can do things to steer people away from bad choices but we can't make people "unstupid".

      We all have vices, recognizing them and doing something about them are entirely different and difficult.
    44. Re:Medical Industry by doktor-hladnjak · · Score: 1

      The only reason the health insurance situation in the US even continues to function somewhat is because employers negotiate the premium, deductible and benefits of a policy for large groups of employees thereby spreading risk. If we're all forced to buy individual policies, insurance companies will just cherry pick the healthiest people like they already do, then either deny coverage or charge exorbitant premiums to those who are too risky (e.g., those who have chronic illness). If you've tried to buy your own health insurance and have any sort of medical condition, you've probably already seen how that works. The only way something like this would work is if laws were changed such that the government had power to regulate rates. For example, maybe a law requiring everybody to have insurance combined with a law to prohibit health insurers from determine premiums based on the client's health need to be passed first.

    45. Re:Medical Industry by radtea · · Score: 1

      Look at the recommendations for body composition. A 6' male should weigh no more than 170lbs. At 190lbs he would be obese. At what, 210, he'd be morbidly obese

      You need to make up more plausible figures. A 6' (183 cm) male with a mass of 220 lbs (100 kg) has a BMI of 29.9 kg/m**2, which is the top of the "overweight" range (25-29.9). The top of the normal range is 184 lbs, a mere 14 lbs greater than the figure you made up. Obesity starts above 220 and morbidly obese doesn't kick in until way above that.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    46. Re:Medical Industry by doktor-hladnjak · · Score: 1

      Actually, I believe advertising directly to patients only became legal in 1997. Also, as another example the advertising of cigarettes is already heavily restricted.

    47. Re:Medical Industry by CodeBuster · · Score: 1

      Lets take this one point at a time shall we?

      1. Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.

      While I agree that the drug ads are pretty campy and share in your sentiment about asking my doctor if some drug is right for my itchy ass it does not diminish their right to advertise in the manner consistent with our laws. There is nothing misleading or obscene about asking your doctor if some drug is right for you or suggesting that someone else do the same in your ad (so long as you do not mention the itchy ass part in public). They have the same right to speech through advertising that we have to ignore them or speak out against them, its a free country after all.

      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.

      Ahhh...but the stupid people have money to spend and are too lazy to get on a treadmill. I would be in favor of government funded programs telling people to get off their ass and use the treadmill instead of paying for the drugs, but so long as people are spending their own money there is not much that can be done about it. However, fear not...the gullible and their money are quickly parted and then they will have to get their ass on the treadmill anyway.

      2a. Why can an old guy take a drug to make his dick hard when I can't smoke a joint?

      This should be interesting...Well to make a long story short if the guy taking the penis pills is doing it in the privacy of his own home (hopefully anyway) and a doctor has prescribed for him a penis pill which has been approved by the FDA as safe for his long term health absent any disqualifying circumstances then he should be able to take his penis pills in peace. That being said there are other drugs, namely alcohol and tobacco that are known to be potentially or certainly harmful and are legal anyway. If you are asking me, "at what point are the side effects so harmful that the drug should be illegal?" Then I am afraid that I have no specific answer for you...Perhaps you could elaborate on what precisely you plan to put IN your joint before you smoke it? If the laws change to say that everyone is responsible for their own health care, that hospitals are not obligated to treat your drug damaged body if you cannot pay, and that I am allowed to shoot junkies trying to steal my stuff to cover their habit then we can make anything you want to take legal, but I don't really want to live in that society and you probably don't either. Does this answer your question?

      3. If a company develops a truly amazing cure/drug, the government should step in and buy it for the cost of development. The drug should them be distributed for the cost of production inside the US and for twice the cost of production outside the US. Once the costs are recouped, it should be just the cost of production inside and outside the US.

      If I wanted to borrow $100 from you right now and pay you back five years from now at 0% interest would you loan me the money? If you answered no to this question then you understand why companies would not want to produce drugs at break even prices when their capital could be better invested elsewhere and earning a profit.

      4. Get rid of medical lawsuits. A judge and jury have no idea if what a doc did was right or wrong. Appoint a commission of well-respected docs and have all medical complaints go through that office. If the commission decides the doc was wrong, then the doc should be fired and the patient recouped in a fair way.

      Tort reform is a worthy and necessary goal and it is almost a certainty in any case involving expert knowledge that the court would defer to the experts on points dealing with specialized knowledge (medicine in this case). However, the legal system is our cur

    48. Re:Medical Industry by geminidomino · · Score: 1
      Stop advertising drugs on TV and in magazines. You are not a doctor. You shouldn't be "asking your doc" if zotramiphil is right for your itchy ass.


      However, that's a First Amendment issue. Commercial speech is fully protected by the First Amendment, at the same level as other forms of speech (e.g. political speech), so long as it does not concern illegal goods or activities, and is not deceptive. Some additional disclosures might be required, but that's not the same as barring the speech altogether. Telling people that some prescription drug exists, what it does, what side effects it might have, etc. is constitutionally protected.

      They managed to get around it for advertising cigarettes.
    49. Re:Medical Industry by westlake · · Score: 1
      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.

      when you have your license to practice medicine and have a real and hard-won understanding of the disease, then you can begin preaching to those who are diabetic. not before.

      If you or your family member is going to the hospital every week, something (lifestyle or mental) needs to be fixed.

      it could never be, of course, that someone in your family has a chronic. life-threatening, disease. it could never be, of course, that they cannot get the treatment they need elsewhere.

      Why does it cost $200 for an x-ray

      because the machines are safer, the scans less stressful to the patient, and more revealing to the doctor? because the consequences of a mistake can be dire?

    50. Re:Medical Industry by rjshields · · Score: 1
      As for smoking pot being a good idea to "expand your mind", that's utter bullshit unless your neurochemistry is completely different from anyone I know.
      I wouldn't say it's utter bullshit, that's probably an over-simplification. As you suggest, it all depends on the state of your mind; it affects different minds in different ways. If you mind is a bit messed up to begin with (e.g. ADD, OCD, PTSD) then it can relieve stress and allow concentration, which in itself is like "expanding your mind". Also, different strains may have very different effects. I do agree with everything else you say.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    51. Re:Medical Industry by Grym · · Score: 1

      Commercial speech is fully protected by the First Amendment, at the same level as other forms of speech (e.g. political speech), so long as it does not concern illegal goods or activities, and is not deceptive.

      But it is deceptive and, most certainly, irresponsible. You'll never convince me that a thirty second advert is able to reasonably explain the biochemical mechanism, treatments, interactions, contra-indications, and statistical risks of taking a particular drug. It's impossible. We require nurses, pharmacists, and doctors go to school for years on end before allowing them to distribute and educate the public on these potentially dangerous chemicals; only to have the entire process subverted by profiteering vultures in a matter of seconds. It's ridiculous.

      First, it can't do that. This is a Fifth Amendment issue; the government can't take a patent from someone without paying just compensation.

      First of all, a patent is not property in the sense that you're using it.

      Article I section 8 states: "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;"

      A patent isn't so much property as it is a limited monopoly. Exactly WHAT limits are never explictly stated. If Congress decided to pass a law that defined those limits like the OP described, I see no reason why that would be unconstitutional so long as it could be reasonably argued that it served the progress of Science.

      -Grym

    52. Re:Medical Industry by SETIGuy · · Score: 1
      A friend of mine is in health care. She stated she would never want to go to a private, for profit, hospital. Why? Because every decision they make is based on profitability. She has seen both professionally, and a non-profit hospital put the patient first and the cost second. For profits focus on what they can bill.

      My wife is in health care. She works for a non-profit hospital (actually a chain of non-profit hospitals mostly owned by a larger non-profit.) And you know what? Every decision they make is based upon profitability. Every department is judged by whether they turn a profit. If they don't, the non-profit hospital will close the department. They are closing emergency rooms left and right because poor people without insurance use the emergency rooms. Therefore there's no-profit on emergency rooms. Unless, of course, there's trauma center, because rich people get into auto accidents, too. The other departments, fearing for their jobs, try their hardest to avoid taking patients with Medi-Cal (California's version of Medicaid, state health care for the impoverished) because Medi-Cal reimburses pennies on the dollar.

      But trying to avoid them is better than another "non-profit" chain that just got a several billion dollar state bond issue approved by the voters. That chain doesn't take Medi-Cal at all for non-urgent care. But it's got a nice friendly name, and a reputation for treating diseases that nobody ever gets, so I guess that makes it all right.

      Your friend is a utopian if she thinks her hospital is any different. To some extent it's understandable. The hospital needs to break even to stay open. Staying open takes precidence over patient care.

      The difference between that and a for profit hospital is that a for profit hospital needs to add 5% on top of that. And, of course, the CEO of a for-profit hospital makes $5M per year, whereas the impoverished CEO of a non-profit hospital might only make $1M. Tough jobs they have, too. From what I can see the job of a hospital CEO is to make sure the hospital loses enough money to be a nice take-over target, but not so much that it's not attractive to buyers. Once the takeover happens, a lot of money appears in the CEO's swiss bank account from out of nowhere and the CEO retires to the Carribean.

      Frankly, health care in the US has been in a state of collapse for decades. The collapse will continue until the people that own congress realize THEY might not make it to the nearest open emergency room. And that emergency room might not take them without a credit check.

    53. Re:Medical Industry by Anonymous Coward · · Score: 0

      Why is the American medical system so absurdly expensive and inefficient?

      Because people find tiny incremental improvements in health vastly more valuable than tiny incremental improvements in anything else. A cancer treatment that is 1% better is dramatically more valuable than a microwave oven that is 1% better. If the American medical expense "problem" were "solved", people would just find a new favorite to sink an absurd fraction of their money into, like absurdly overblown bass boats, or genetically tampered tulip bulbs.

    54. Re:Medical Industry by Fulcrum+of+Evil · · Score: 1

      The basic point stands: BMI sucks. I'm 5'10" and 200 lbs, so my bmi is 29ish. However, my waist is 34" and my ideal weight for my current musculature is around 190 (I'd have body fat at around 5-7%). If you want to find out how healthy you are, you have to test yourself and measure stuff like fat percentage, not run a calculator on a website.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    55. Re:Medical Industry by LunchSpecial · · Score: 1

      So who gets to decide what a slow-moving bureaucratic organization is?
      All ideas are good in theory until you get to the implementation details.

    56. Re:Medical Industry by Anonymous Coward · · Score: 0

      >>5a. For every non-US employee a company contracts or subcontracts, make them pay money directly to the federal government's unemployment fund. In other words, a non-US employee working for a US company still gets taxed at the same rate as a US employee would.

      Yeah, and how is this related to medical industry? Just like your politicians, you found a way to slip in a bit of xenophobic BS right in there.

    57. Re:Medical Industry by Cro+Magnon · · Score: 1
      Look at the recommendations for body composition. A 6' male should weigh no more than 170lbs. At 190lbs he would be obese. At what, 210, he'd be morbidly obese. How many 6' males do you know who weigh 170? 190? 210? I'm willing to bet that number ramps up exponentially. Where do you think you fit in?


      Where do you get those stats from? At 6'1" 210 pounds, my BMI is over 27, which is overweight, but a long ways from obese. Health-wise, I am out of shape, but I'm no couch potato, and could probaby STILL walk farther than many people half my age.
      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    58. Re:Medical Industry by Temkin · · Score: 1

      2. Stop developing drugs for stupid shit. Yes, lots of people have Type2 diabetes. We already have a cure for that; a treadmill. Stop wasting money to develop a drug *just* to make money off a stupid disease.



      Flamebait!

      1. You clearly know pretty much nothing about type 2 diabetes. Cause and effect are not what you want them to be. Are they fat because they're sick? Or sick because they're fat? Maybe it's more complicated than that even!

      2. Substitution time... "Stop developing stupid video games just because you want to make a buck..." "Stop developing stupid base jumping parachutes just cause you want to make a buck..." "Stop developing lighter bicycle parts just because you want to make a buck..." You can make an arguement against all these things based on some strongly held belief held by some opinionated moron in the world.

    59. Re:Medical Industry by cpt+kangarooski · · Score: 1

      Actually, I believe advertising directly to patients only became legal in 1997.

      No, that's not true. There were some DTC advertisements prior to 1997 (e.g. for Rogaine), but they were uncommon for two reasons: first, the FDA asked businesses to voluntarily not advertise, and secondly, they required a lot of disclosure in connection with the drug, and that is something the First Amendment doesn't bar them from doing. In '97, they relaxed the disclosure rules significantly, and that's when things took off.

      Also, as another example the advertising of cigarettes is already heavily restricted.

      Yes, but that's largely voluntary, as part of the settlement of that gigantic lawsuit some years back, or as unwillingness to rock the boat and worsen their image. The tobacco industry has successfully challenged some of the more restrictive laws outside of that agreement on First Amendment grounds. See e.g. Lorillard Tobacco Co. v. Reilly.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    60. Re:Medical Industry by cpt+kangarooski · · Score: 1

      They managed to get around it for advertising cigarettes.

      No they didn't. The government has lost to tobacco companies on the First Amendment, when the companies are willing to fight over it. As I pointed out to another poster, try reading the Lorillard case. The main thing restraing the companies are restrictions they accept voluntarily.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    61. Re:Medical Industry by cpt+kangarooski · · Score: 1

      It's not deceptive, because these are still prescription drugs, and all the ads do is 1) make people aware of the drug and its general uses and side effects, and 2) suggests going to a doctor. So the worst thing that can happen is that people go to a doctor and get told that they don't need it and won't be prescribed it. Deception would be if they said that it did something it doesn't do.

      A patent isn't so much property as it is a limited monopoly.

      But since that exclusive monopoly is usable, can be extended to apply to others, or not, and can be disposed of, it's basically property-like, if not actually property (as courts have literally said in the past). I agree that the subject matter isn't property, but the monopoly itself is.

      securing for limited Times

      Exactly WHAT limits are never explictly stated.

      That's funny.

      Anyway, while Congress can vary the term or scope of the grant significantly, it is bound by the takings clause if it decides to take the grant back. Prospective changes in patents might work, but I fear that the takings clause will seriously impede retroactive reform efforts.

      it served the progress of Science.

      Actually, patents deal with the progress of the useful arts. It's copyrights that deal with the progress of science. Late 18th century English is not the same as early 21st century English, and it's just weird how the meanings of the operative words have changed in the clause. Looking up the old meanings in the OED, or even just looking at the structure of the clause, will indicate that I'm right on this, though. As will thinking about remaining examples of the old meanings, e.g. 'state of the art technology,' 'prior art,' 'person having ordinary skill in the art,' etc.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    62. Re:Medical Industry by aminorex · · Score: 1

      > I own shares of a Drug company

      Me too.

      > so how does that make me a criminal?

      Clearly it's a rhetorical use of "criminal" since it is in fact legal. But lots of legal activity is criminal in
      the sense that it is the commission of a "crime", by some definition of "crime". Crimes against humanity
      were certainly committed long before the notion of such a principle of law was ever invented, for example.
      Calling them "crimes" before that principle was firmly established in practice was a rhetorical act, but
      that does not make it a mistake. Holding slaves is criminal, even in places where slavery is allowed by law,
      for example.

      > Profit maxmization within the ethical bounds of the community is what business SHOULD do.

      Indeed for a public corporation, there is a fiduciary responsibility to their shareholders to do just that.
      This is a major problem with the structure of the public corporation. The result is that criminal acts
      are obligatory. The common legal fiction is that corporations are persons. That being the case, they
      are sociopathic monomaniacs, by design.

      > there should be a way for the Gov't to "buy out" a drug for the public good in times of a health care crisis.

      There is. But it doesn't get used, because the public corporations concentrate funds so effectively, that they
      buy the government of their choice. This is both good and bad. It is good in that they often choose well.
      Public corporations generally benefit from domestic tranquility and prosperity. It is bad in that some choose
      very badly. The military supply chain, for example, creates a strong corporate constituency for warmongering.
      Drug companies, as they are currently constituted, create a strong constituency against the interests of
      public health.

      --
      -I like my women like I like my tea: green-
    63. Re:Medical Industry by rajafarian · · Score: 1

      ... give out large grants for research...

      Funny. Do you know what most of this money would buy? Yes, sir: yachts, mansions, and Bentleys for the CEO's. Yeah, there is no limit to human greed.

    64. Re:Medical Industry by An+Onerous+Coward · · Score: 1

      I think that lifestyle choices are a huge part of our current exorbitant health care costs. But I also think that those choices aren't made in a vacuum. Our food choices are part evolutionary urges, part simple human laziness, but also partly a matter of government policy. We eat way too much meat and way too much sugar, and both of these facts are partly due to our corn subsidies. With the incentives structured to reward every bushel produced, farmers have to find something to do with way more corn than we could possibly eat. So it gets turned into things like HFCS, beef, poultry, etc.

      The meat industry gets subsidized in a lot of other ways. They're exempted from a lot of environmental regulations, despite being huge polluters. They get water and land subsidies. Modern agriculture relies heavily on oil, so the money we pay into our military-industrial complex to keep those resources secure are also a subsidy of sorts. The sheer acreage of land we've set aside for farming is another subsidy, and the low grazing fees we charge to Western ranchers on public land is still another.

      I know I talk a lot of crap about government being capable of doing great things to promote the general welfare. But our food policy is corporatism at its finest, and if the government would simply back off and let the market reflect the real costs of meat production, we'd all be eating a healthier diet and feeding ourselves with fewer resources. Personal choice is a load of crap when the actual costs of our choices are being hidden from us.

      --

      You want the truthiness? You can't handle the truthiness!

  15. Re:So now you know by tfiedler · · Score: 0

    Actually it's more like the richest 1% own 40%, to quote one of your own lefty, soft-headed rags, the guardian...

    http://money.guardian.co.uk/news_/story/0,,1965033 ,00.html

    And that stat is from the equally dimwitted United Nations.

    However, the article does makes a point which you'll probably fail to recognize, and that is that wealth isn't a static pool but a dynamically changing pot, one which has GROWN over the years. The key to improving lives is not the punitive redistribution of wealth but the provision of opportunity to the people in impoverished regions so that they have the ability to fairly compete. But remember, competition implies the opportunity to fail as well.

    Free market economics works, period, socialism does not. And before you spout off about the evils of western economic policy, realize this; anyone that compares free market ideals to prevailing western policies is a moron as they obviously have the economics understanding of a child.

    --
    Democrats and Republicans are like AIDS and Cancer, I want neither!
  16. Re:So now you know by Reality+Master+101 · · Score: 0, Offtopic

    the rest of the story, how 1% of the worlds population owns 90% of its wealth.

    Of course you know that's an exaggeration, but just out of curiosity, why do you think that (small percentage) should NOT own (larger percentage) of the world's wealth? Personally, I'd rather live in that world where I can move as high as my talent can take me, than live in a world of enforced "equality" that really means transferring money from the doers to the takers.

    --
    Sometimes it's best to just let stupid people be stupid.
  17. Recycled post by sam_handelman · · Score: 3, Insightful

    Very nice, although I think the list of citations is a little short. Dean Baker has been saying much the same thing for some time - but he doesn't have a nobel prize. Still I think he makes a more interesting case for much the same thing and Stiglitz ought to have cited him (among others, but I prefer Baker's writings based on clarity and style.)

      I write a new edition of this essay every time the topic comes up (and it has no citations at all, which should not be interpreted as a statement that these are entirely my ideas):

    Let us say, just for the sake of argument, that a method of extracting or purifying a gene, or a gene product (a protein) consists of an invention, worthy of patent, in and of itself. This is distinct from patenting the gene itself - if I can do that, I am patenting an end, and not a means to achieving that end. If I come along and purify the same gene product, by some other technique, I'm violating their patent. Crucially, I will violate their patent even I use none of their actual inventions at all! I am violating their patent because I am seeking the same end.

    At first glance, this might seem similar to product patents as applied to synthetic molecules. However, in those cases the molecule itself is a unique invention. If I develop a particular technique for tending an orchard, I cannot patent trees! Patenting genes that cause diseases is a separate intellectual fallacy that deserves coverage in it's own right.

    This is like patenting the act of killing germs. If a disease is caused by an abnormal (mutant) protein, than the only true cure is to fix that protein - replace it with functional protein, or remove those cells generating the harmful protein, according to the particular condition. The same argument applies to gene-products (proteins) that cause elevated risk for cancer, heart disease and the like. A patent on the gene is basically a patent on all possible cures for that condition/predilection. A gene that causes a predilection for breast cancer should be viewed as a condition in and of itself (which needs to be at least treated,) and not as some part of a particular treatment for breast cancer.

    Finally, I should say our genomes, not just collectively, but individually, are the property of the human race. In a biological sense, they are the human race.

    Bees are generally black and yellow, and have poisonous stingers. Individual bees, however black or yellow they may be, and poisonous their stingers may be, are all 100% bees - they all possess an equal allotment of beeness. Likewise, the quality of humanity is 100% endowed to each of us.

    However, it does not arise from any of us individually. We are all human only because the entire human species exists. The genome of any individual person is not sufficient to specify the human race; the genetic diversity of your fellow human beings is part and parcel of your fundamental human identity.

    The same is true, in fact, of the genetic diversity of all known living things, which are our cousins.

    Many people have a visceral objection to the idea of a gene being owned. Certain of my colleagues are fond of implying that the objections of laymen arise from some degree of scientific ignorance, or a lack of appreciation for the effort that goes into doing molecular biology. I am a molecular biologist myself, fully cognizant of the hard work that is done. I understand all of that quite well, but I come to the same visceral conclusion: you cannot own that which makes us human.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    1. Re:Recycled post by Anonymous Coward · · Score: 0

      My challenge is the ignorant fucks here who want to believe that genes are patented. They aren't. Using a gene to produce something is patented. It's' not the gene that's patented, it's the method for doing something that's patented. However, if you refuse to believe that, then you can justify ragging on the patent system. I think the patent system should be stronger; right now all you get with a patent is the priveledge of suing someone. However, if you sing a shitty song, you get the customs and the FBI at your disposal to protect your copyright. There's the real injustice. It's not wrong for drug companies to have a crap shoot of financial survival each time they start investigating a new drug.

    2. Re:Recycled post by sjames · · Score: 1

      I'm betting if we take the ownership of disease causing genes to it's natural conclusion, the problem will sort itself out.

      If I OWN a dog, I am responsable for making sure it doesn't bite anyone. If I fail in my responsability, I am civilly and sometimes criminally liable.

      If I OWN a car, I am responsable for making sure it doesn't roll down a hill and injure someone. Again, should I fail, I face criminal and civil liability.

      So if some corporation OWNs the genes that cause cancer.....

  18. An alternative by tgibbs · · Score: 3, Informative

    Complaints about the patent system in drug development typically founder on one sticking point. Without patents, who is going to come up with the immense sums required to bring a drug from investigational status to clinical reality? One alternative, of course, is a national drug discovery enterprise, funded by tax money. The problem with that, however, is that the funds required are immense, and the risks are high. Who is going to take the blame if the product of a billion-dollar drug discovery effort fails in Phase III trials, something that happens rather frequently to pharmaceutical companies? Not to mention the risks that such an effort would turn into another pork boondoggle, with money being expended in response to political rather than medical needs.

    Stiglitz's proposal offers an intriguing compromise--a system of federally funded prizes for private development of "open source" pharmaceuticals. Moreover, it could potentially coexist with the current patent system, perhaps initially focusing on areas that are underserved by the pharmaceutical industry, such as development of new antibiotics. Of course, the prizes would have to be very large to attract private development, given that the open source requirement would greatly limit the profit potential of the drugs discovered. However, the prizes could reasonably be staged--so much for successfully passing Phase I, so much for successfully passing Phase II, etc. etc.

    1. Re:An alternative by Thanatopsis · · Score: 1

      Actually you have that backwards - open researchalways spurs innovation. Notice how most new pharma drugs aren't cures for anything but along the lines of Viagra? You really don't see the type of innovation in pharma that you do in the tech world.

      "The problem with that, however, is that the funds required are immense, and the risks are high. Who is going to take the blame if the product of a billion-dollar drug discovery effort fails in Phase III trials, something that happens rather frequently to pharmaceutical companies?"

      Well these blind ends are part of science and discovery. And typically no one "takes the blame" at a pharma when a drug fails in Phase 3 clinical trials. Thems the breaks. By federally funding basic science and drug innovation, you can then have multiple suppliers for the same drug based on the federal formulary. This in turn leads to lower priced drugs.

    2. Re:An alternative by donaldm · · Score: 1

      In Australia there is CSIRO and some Universities and some of the research is world class. I know other countries spend a small percentage (1 to 5% of GDP) on government research and in many cases there is a world wide cooperation. Where everything becomes skewed is when the basic research is transferred to private industry who seem to want a goose that lays the golden eggs but are not willing to put up any money.

      There are very few private companies that actually do serious research and for those that do many of them do rely on Government funding, but nearly all work in isolation to protect what they perceive as their "Intellectual Property". The patent system is really to blame for this since it may have been a good thing in it's day but it is now becoming abused to the point where innovation is actually being suppressed.

      As far as the Pharmaceutical industry is concerned only the bottom line is important (like most other private companies) and while the company PR people will cry crocodile tears people will unnecessarily die because the government cannot (or will not) subsidize an expensive drug when a cheaper alternative may partially infringe on a patent. Unfortunately Politicians (not the ordinary people who in many ways don't know) only seem to look to the next election and unless something really serious happens they will do nothing.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    3. Re:An alternative by Prof.Phreak · · Score: 1

      ...immense sums required to bring a drug from investigational status to clinical reality

      I'm really curious where all that money is going. Maybe stuff is expensive -due- to patents to begin with?

      --

      "If anything can go wrong, it will." - Murphy

    4. Re:An alternative by tgibbs · · Score: 1
      I'm really curious where all that money is going. Maybe stuff is expensive -due- to patents to begin with?


      No, clinical trials are inherently expensive. You need large numbers of patients to reach reliable conclusions, and the trials need to be supervised by medical personnel, frequently conducted using hospital facilities, followed with numerous expensive clinical tests, etc. Just the salaries of conducting such a study drives costs very high. And for a new drug, the cost of producing it in sufficient quantity for studies can be substantial (costs per dose tend to drop when it is scaled up for mass production). Even preclinical animal work can be quite costly, maintaining the animals, which may need to be specially trained or bre,d adds up to a lot of money. The patent cost is chicken feed by comparison.
    5. Re:An alternative by tgibbs · · Score: 2, Insightful
      Actually you have that backwards - open researchalways spurs innovation. Notice how most new pharma drugs aren't cures for anything but along the lines of Viagra? You really don't see the type of innovation in pharma that you do in the tech world.


      I've seen some extremely innovative research coming out of pharma. Genuine cures are inherently hard to find, and it doesn't matter who is doing the development. You don't see many cures coming out of academic research, either. Perhaps gene therapy or stem cell therapy will end up leading to cures, but the technology isn't there yet. And there is a lot of work on both of these technologies coming out of both industrial and academic labs.

      Well these blind ends are part of science and discovery. And typically no one "takes the blame" at a pharma when a drug fails in Phase 3 clinical trials. Thems the breaks. By federally funding basic science and drug innovation, you can then have multiple suppliers for the same drug based on the federal formulary. This in turn leads to lower priced drugs.


      So if the government spent, say, a billion dollars developing a new drug, and the drug they produced ended up doing more harm to be good and had to be abandoned, you think the public and the press would simply say "Them's the breaks?" No congressional investigations, no 20:20 hindsight political scandal over whether Congressman so-and-so supported the project because the lab was in his district? None of the sort of stuff that routinely happens if the government invests a billion dollars into building a fighter plane that doesn't fly?
    6. Re:An alternative by tgibbs · · Score: 1
      In Australia there is CSIRO and some Universities and some of the research is world class. I know other countries spend a small percentage (1 to 5% of GDP) on government research and in many cases there is a world wide cooperation. Where everything becomes skewed is when the basic research is transferred to private industry who seem to want a goose that lays the golden eggs but are not willing to put up any money.


      The basic research is relatively cheap compared to the extensive animal and clinical trials needed to bring a drug to the clinic. Private industry ends up putting up the bulk of the money.

      There are very few private companies that actually do serious research and for those that do many of them do rely on Government funding


      I don't know where you get this idea. Most of the major pharmaceutical companies do serious research, and they get little government funding. I've seen some really top-quality research coming out of industrial labs. Most government funding goes for basic research that is so far from clinical application that it would be hard to get private investors to put up the funding.
    7. Re:An alternative by asuffield · · Score: 1
      Without patents, who is going to come up with the immense sums required to bring a drug from investigational status to clinical reality?


      The government, exactly the same as they do today. Those things cost money, but the government pays for them (via grants and the welfare state). It is a myth that private industry is pouring money into these things. It isn't.
    8. Re:An alternative by b.burl · · Score: 1

      And this scientific process has to be a for profit corporate enterprise why?

    9. Re:An alternative by tgibbs · · Score: 1
      And this scientific process has to be a for profit corporate enterprise why?


      Because nobody has so far come up with any other successful way of doing it. The cost of doing it is so high that only a large corporation or a government has the resources to do it. Moreover, the sums of money are so great that it is hard to imagine any government managing such large investments based on scientific need without corruption or pork barrel politics. Which is why I find Stiglitz's proposal of publicly funded prizes intriguing. It seems to me that it is worth a try. Moreover, Stiglitz's proposal has the advantage is that it does not require abandoning our current system--which despite being unsatisfactory in a number of respects--is actually working, in favor of a new, untried system. There is no reason a prize system could not work in parallel with conventional commercial development. A prize could be set up in an area that is being underserved by the current system. My suggestion would be new antibiotics. Antibiotics are not an area of strong industrial development because the profit potential is limited. Nobody wants to pay big bucks for a new antibiotic while the old generics are still working. The problem is that when there is an outbreak of a major resistant strain, it is too late to start development.
    10. Re:An alternative by Anonymous Coward · · Score: 0

      Maybe the sums required for development would not be so great if monopolies were not granted on their products. It's absurd to believe that the free market works in health care. People do not make rational decisions when it comes to their health and the prices charged reflect that reality. Pharmaceutical companies have an incentive to be wasteful in their development process because when the development of new drugs *appears* to be very expensive it not only provides barriers of entry to potential new competitors but it also gives them a strong argument in favour of patents.

    11. Re:An alternative by tgibbs · · Score: 1
      The government, exactly the same as they do today. Those things cost money, but the government pays for them (via grants and the welfare state). It is a myth that private industry is pouring money into these things. It isn't.


      Wrong. And I say this as an academic pharmacologist and recipient of NIH grants. For the government to fund the clinical studies required to bring drugs to the clinic would be massive expansion of government expenditures on biomedical research (or a drastic diversion of funds from basic research)
    12. Re:An alternative by Anonymous Coward · · Score: 0

      > None of the sort of stuff that routinely happens if the government invests a billion dollars into building a fighter plane that doesn't fly?

      Considering we spend a billion dollars twice a week on Iraq, I don't see how the current people in charge would get worked up about spending that amount over several years of development.

    13. Re:An alternative by tgibbs · · Score: 1
      Considering we spend a billion dollars twice a week on Iraq, I don't see how the current people in charge would get worked up about spending that amount over several years of development.


      If biomedical research were regarded as a priority equivalent to the military, then the NIH budget wouldn't be less than 1/16th of the military budget.
  19. Some thoughts about patents by argoff · · Score: 5, Interesting

    1. If a researcher looses a monopoly on one patent, but in turn gains access to 10 million other patents - then that is a net gain for invention and for business, not a net loss. The facts bear that out. For example, how most the new drug innovation was happening in India where they don't have patents on drugs, or the less proprietary x86 architecture that took the market by storm in spite of it's design flaws.

    2. Patents do not change the demand for invention and R&D, they only distort the market and cause it to center around invention controls instead of invention related services. Well, large companies, lawyers, and government are good at controlling things. Inventors are good at inventing things, so patents do really not help inventors or small lean innovators.

    3. To control inventions requires physical coercion and violence, and patents are very violent. Like how they arguably held back safety devices in cars for 20 years while millions died needlessly, and like how attempts of patent enforcement in Africa have likely led to over a million unneeded AIDS related deaths. Also, DDT was banned within months of its patent running out, freon too, to make room for bigger markets. But at least the freon one can't be attributed to 50 million malaria deaths.

    4. In the future, technology is likely to bring production back into the home thru 3d printers and nanotechnology. IMHO, patents will require more violence and more government micro-regulation than ever in order to be secured.

    5. A side effect of the patent system is that researchers who share research and innovation between companies are punished. It creates a strong disincentive against collaboration. It forces innovators to spend orders of magnitude more on R&D and causes them and their research to be micromanaged. So patents drive up the cost of R&D by orders of magnitude, drive down quality, and then now they say "well, we need patent monopolies to recover all these costs".

    6. People tend to think that having all these incompatible parts and all these incompatible interfaces on every single car, cell phone, and consumer product - is just a normal part of a free market economy. I speculate that it is not, and that patents encourage these distortions in addition to all the waste and unneeded obsolescence that goes with it.

    7. People tend to think that having expensive pharmaceuticals with all sorts of strange chemical side effects is just a normal part of a free market economy. In addition they think that the shunning natural cures, herbs, and vitamins is a normal function of modern medicine and science. I speculate that it also is not, but another distortion caused by patents.

    8. Patents are not property anymore than slaves on the plantation are. Just cause someone calls something a property doesn't mean that it is.

    In sum, patents don't help inventors, but distort markets to work against them and even punish and isolate them. They are violent, genocidal, coercive, unproductive, inefficient, and drive down profit, quality, and compatibility across markets everywhere. The future for patents does not look promising, but rather to be one of millions of US elderly suffering from high costs and strange chemichal side effects on their medication, and one of a military police state required to enforce them as things like 3d printing and nanotechnology force the commoditization of invention.

    1. Re:Some thoughts about patents by Mr.+Flibble · · Score: 0

      1. If a researcher looses a monopoly on one patent, but in turn gains access to 10 million other patents - then that is a net gain for invention and for business, not a net loss. The facts bear that out. For example, how most the new drug innovation was happening in India where they don't have patents on drugs, or the less proprietary x86 architecture that took the market by storm in spite of it's design flaws.

      Under the assumption that the patents that they gain are worthwhile. If you read many of the patents out there, many of them are worthless.

      2. Patents do not change the demand for invention and R&D, they only distort the market and cause it to center around invention controls instead of invention related services. Well, large companies, lawyers, and government are good at controlling things. Inventors are good at inventing things, so patents do really not help inventors or small lean innovators.

      Most inventors licence their inventions, and use patents to protect themselves. The usual fee for a licencing deal is 5% of the gross from the company to which they licence too. Patents were originally created to help inventors. That is no so much the case now, but that was their original intent.

      3. To control inventions requires physical coercion and violence, and patents are very violent. Like how they arguably held back safety devices in cars for 20 years while millions died needlessly, and like how attempts of patent enforcement in Africa have likely led to over a million unneeded AIDS related deaths. Also, DDT was banned within months of its patent running out, freon too, to make room for bigger markets. But at least the freon one can't be attributed to 50 million malaria deaths.

      4. In the future, technology is likely to bring production back into the home thru 3d printers and nanotechnology. IMHO, patents will require more violence and more government micro-regulation than ever in order to be secured.

      I don't see where you are going here. Very few patent disputes break out into violence...

      5. A side effect of the patent system is that researchers who share research and innovation between companies are punished. It creates a strong disincentive against collaboration. It forces innovators to spend orders of magnitude more on R&D and causes them and their research to be micromanaged. So patents drive up the cost of R&D by orders of magnitude, drive down quality, and then now they say "well, we need patent monopolies to recover all these costs".

      I guess I am not following this point...

      6. People tend to think that having all these incompatible parts and all these incompatible interfaces on every single car, cell phone, and consumer product - is just a normal part of a free market economy. I speculate that it is not, and that patents encourage these distortions in addition to all the waste and unneeded obsolescence that goes with it.

      I don't think people think that. I think that they don't know, and don't actually care. A "Lasse Faire" market (which I prefer) would only use patents to protect the developers. They are now used in a different fashion from their inital intent.

      7. People tend to think that having expensive pharmaceuticals with all sorts of strange chemical side effects is just a normal part of a free market economy. In addition they think that the shunning natural cures, herbs, and vitamins is a normal function of modern medicine and science. I speculate that it also is not, but another distortion caused by patents.

      I don't know where this comes from, or how it is related to patents. Yes the medical industry makes a killing off of their drugs. However, the current move to "natural" cures is just the "fad du jour". It will eventurally wane. However, now there is huge money to be made in the alt

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    2. Re:Some thoughts about patents by evilviper · · Score: 1
      Inventors are good at inventing things, so patents do really not help inventors or small lean innovators.

      By all means, list a few examples... because your claim flies in the face of all logic.

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      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Some thoughts about patents by cdrguru · · Score: 1

      I suggest when you grow up you should actually work in a field where economics does not apply.

      One of the biggest problems that Western nations face today is that whatever is researched in the West can then be mass produced using cheap labor in the Far East and Asia for pennies. One result of this is moving all manufacturing to these areas where the labor cost and regulations allow for cheap manufacturing. The other thing that happens is an individual or company can spend years researching something only to have it copied and produced by others.

      100 years ago, the cost of the manufacturing plant was the barrier to entry that prevented this. Today, the profits are high enough that it is possible to find financial backing to build the factory to produce the product just based on the potential returns. This means that most patent discussions are pointless - unless Western nations are ready to block imports of copied goods, patents are meaningless.

      Since the Asian and Far East "factories" aren't in a position to do meaningful R&D, they are going to rely on stealing the output of other R&D efforts. Today, we allow this and it drives down the cost of consumer goods. It also means there never will be a new manufacturing job in the US in the forseeable future. It is beginning to mean that any research done in the US will have the results stolen and used to increase the profits of Chinese and Indian "factories" that are manufacturing stuff based on Western R&D.

      The choice we face is pretty simple. We can give up on patent protection and allow this to happen. Eventually, we will have to rely on these factories to start to do some kind of research because nobody will finance it in the US or Europe. Either that or the government will have to pay for the research while all the profits result elsewhere - unlikely.

      Of course we could just refuse import of unlicensed, infringing goods. I don't see this happening today except maybe for medicine. And the price difference between licensed US pills and unlicensed Indian pills is significant. Should we just give up? It would mean everything is cheaper for a while. And then it would probably suck. Enforcing patents and such would mean we are paying lots more (maybe 10x) for stuff than the rest of the world does, but people would be employed making it.

      Cheap stuff or jobs? Tough decision.

    4. Re:Some thoughts about patents by Junta · · Score: 1

      the less proprietary x86 architecture that took the market by storm in spite of it's design flaws.

      Largely because IBM didn't realize what they were doing with the platform and MS. IBM's funding largely launched the platform using a large R&D buget, and a host of companies that would have been unable to otherwise get into the market latched on and largely undercut IBM (IBM's pricing reflected having to recoup R&D, which competitors didn't have to as directly. The irony of your example is that IBM allowed it in part due to patents. Back then to a large extent and today to a lesser extent, implementing an x86 PC involves on various levels paying IBM license fees to use patented strategies. IBM would *not* do the R&D needed for things to happen like the PC revolution without patent protection. If they had no legal recourse to protect their invention, they would either not risk the investment or otherwise find ways of making it near impossible to reverse engineer and keep the secrets tight and never license them out. Same with your example, you look at the current state of things, stating how freeing the patents would create a wonderful free market for existing research, but fail to demonstrate how big R&D budgets would be risked by companies if they know they are just going to be ripped off and undercut when the no-R&D company copies it.

      Inventors are good at inventing things, so patents do really not help inventors or small lean innovators

      Huh? I guess you are trying to say inventors have nothing to fear because they have plenty of ideas to go around? Again, oversimplifying (one could have one single brilliant idea), but even if accepted, it doesn't help. If you have a thousand ideas, and each takes 100 dollars worth of work to work the details into a marketable way, and at the end of the day, a guy can copy your idea with 10 dollars of effort per idea, when you get to market you will compete with someone who had 10% of the development costs to recoup that you do. The problem is not that invention is needed, it's that invention that costs non-trivial amounts in R&D to achieve becomes impractical due to the market realities of competition.

      The point about violence inherent in the system (had to slip python in) seems kinda ludicruous. Never heard of violence-enforced patent situations. Automobile safety tech was not held back because of patents, they just didn't want to do it until the government forced them to. If government directly would not have, the increasingly litigious society probably would have forced the issue, but I digress. DDT was banned not because of patent expiration, but because they didn't understand the implications until then. Plenty of such things have been banned by the government well before patent expiration. Freon similarly was part of the 80s environmental push, the timing coincides with too many other regulations to have them all be tied to freon patents. The thing about AIDS deaths in Africa I hadn't heard anything about patents and the relation.

      Your related point on home invention, I don't follow how that leads to patent system needing to be 'more violent'. If anything, it would largely be a return to what the patent laws were meant to protect in the first place. Corporations with large 'innovation portfolios' have the legal resources to probably have some half-decent protections in place through contracts and lawsuits in lieu of a patent system. The small home inventor has what effective means against protecting himself against being copied without patent system.

      On discouraging collaboration, it's probably true to an extent, but companies do enter joint ventures to develop technology, under contracts that clearly define how any patent produced will be handled. Some companies will duplicate efforts if both have strong reason to believe they have a lead over the other. However, if two companies are neck and neck and realize either could get the breakthrough first, the odds a

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    5. Re:Some thoughts about patents by Anonymous Coward · · Score: 0

      > 1. If a researcher looses a monopoly on one patent

      I had three macro economics courses, but I have never heard of a monopoly that was called loose or tight. What do you mean by a monopoly that isn't tight?

    6. Re:Some thoughts about patents by inca34 · · Score: 1

      I'm going to have to agree with you for the most part. I work for a company that has a proprietary-patent-IP-laden development process, and I see a lot of inefficiencies and redundant work due to "protecting" and "securing" the IP. I fear many people will not understand simply because this is how it is. I wish I had more time to write on this (it's ~2:30AM here), but I felt like at least writing a supportive comment to let you know that the intent of your words has been heard and understood. Cheers and happy holidays.

    7. Re:Some thoughts about patents by Anonymous Coward · · Score: 0

      One of the biggest problems that Western nations face today is that whatever is researched in the West can then be mass produced using cheap labor in the Far East and Asia for pennies.

      No, that problem is Asian governments confiscating the American dollars their people earn, keeping them poor and their labor cheap. In a free market, the local value of dollars would hyperinflate, ripping the heart out of the Asian "tigers".

      It also means there never will be a new manufacturing job in the US in the forseeable future.

      Asian governments are essentially buying call options on American wealth (in the form of U.S. Treasury Bonds) at a rate of 5% of U.S. GDP . That cannot and will not continue for very long. Either the options will be forfeited (by Federal Reserve-driven inflation) or exercised by claiming labor and materials from Americans.

      Of course we could just refuse import of unlicensed, infringing goods. I don't see this happening today except maybe for medicine.

      Reality check: Customs gladly confiscates infringing goods. Except for drugs; thank the AARP.

      Enforcing patents and such would mean we are paying lots more (maybe 10x) for stuff than the rest of the world does, ...

      Which is why drug discovery is fleeing to the U.S. at an astonishing rate. The Old World giants of synthetic medicinal chemistry are evaporating. Because they have little patent revenue to pay for proper clinical trials, foreign governments are having to choose between either approving drugs based on politics and superstition, or blindly aping the U.S. FDA. It was U.S.-funded clinical trials that turned up the surprising vascular risk of the COX-2 inhibitors (Vioxx and friends), and U.S. trials that blew torcetrapib (cholesterol drug recently in the news) out of the water after $1 billion of private money had been spent on its development.

      Think about that last one. When was the last time you heard of Britain's NHS squirting away a cool billion chasing a totally new drug mechanism, then screeching to a halt when the data turns up unfavorable? The only thing scarier than their total incapacity at discovering drugs, is that this is a good thing because they are even less capable of stopping when the evidence arrives. Hell, they're still blowing around a billion every two months for a data management system that cratered a year ago.

    8. Re:Some thoughts about patents by b.burl · · Score: 1

      An analogy might help: A music artist wants to incorporate other music into his creation. Current ip law says he can't. So his music is impoverished and his creativity restricted. If ip law dissapeared, he would have an immense resource to draw upon when creating (inventing) his piecies. AS an individual, ip restricts his ability to create because ip is a tool for making money, not music. And, because traversing the legal maze of ip law is complicated and expensive, the small content producers cannot fully participate in the system because they don't have all of the collateral resources of a large multinational (lawyers, lobbiests, distribution networks,etc.).

    9. Re:Some thoughts about patents by evilviper · · Score: 1

      First: Copyright is not Patents.

      Second: In your senario, there's no reason not to license the music you want to sample.

      Third: There's a world of difference between creating something and recycling something that already exists.

      Fourth: The person in question probably wouldn't be putting their effort into making the song, if they didn't think they could have some control over it... usually money (directly or indirectly).

      --
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  20. Re:So now you know by Cal+Paterson · · Score: 1

    So, what? We're argueing in favour of grossly disproportionate incomes for the wealthy and poverty in the third world.

    It's easy to misrepresent what people are saying. There's even a name for it; the Straw Man logical fallacy. Bear in mind that people who point out the "1% population, 90% wealth" statistic do so because it is shocking, scary and unsettling. Not because they advocate communism.

  21. at this rate by Anonymous Coward · · Score: 0

    if they keep abusing the 'patent' and 'copyright' powers.. we are so fucked. how can people be so freaking greedy to patent lets say a cure for blindness than sell it for money.. why? why is it all about me me me!!!, these fuckers are making money off peoples illness, it's sickning, is their anymore generius and caring people.. i guess nice guys finish last.. or should i say go the way the dinosaurs did.. we live in such a fucked up society..

  22. Re:So now you know by edwdig · · Score: 2, Insightful

    Personally, I'd rather live in that world where I can move as high as my talent can take me, than live in a world of enforced "equality" that really means transferring money from the doers to the takers.

    I certainly agree with your preferences, but we don't really live in that world. Becoming extremely rich and/or powerful usually means being born into that position, or some combination of luck and breaking the law without being caught.

    All most people want is the corruption from the top removed, and a little safety net at the bottom so that a string of bad luck doesn't destroy your life.

  23. Re:So now you know by Anonymous Coward · · Score: 0
    that really means transferring money from the doers to the takers.

    Ironically, the people with the most money usually aren't "doers" at all. Instead, they are arbitrageurs of one form or another, set up in positions where they are able to skim a take from of the efforts of the actual doers.

  24. I agree with your view by WillRobinson · · Score: 1

    But you see, those who are there, have built barriers where your talent will not allow you to get there. Patents on things like this are an excellent example of the barriers.

    I felt the same way as you, that nothing in the world could stop me, but this started to fade away after 40.

  25. Re:So now you know by Reality+Master+101 · · Score: 1

    Becoming extremely rich and/or powerful usually means being born into that position, or some combination of luck and breaking the law without being caught.

    I'm not saying I'm "extremely" rich, but I've done pretty well in life by most standards. It had nothing to do with luck or breaking the law (nor being born wealthy). In fact, of all the rich people I know, I only know one that inherited their wealth (four kids split $160 million). I venture to say that, at least here in the US, that's far more typical.

    Generally speaking, rich people are rich because they chose to be that way through hard work and sacrifice. But, for whatever reason, no one believes that. Maybe because the media only shows the Paris Hiltons of the world, when most of the working rich do their thing in obscurity.

    --
    Sometimes it's best to just let stupid people be stupid.
  26. Re:Oh, great - I don't have mod points by donaldm · · Score: 0, Offtopic

    Unfortunately I don't have any mod points either, having lost them because the last three days were boring.

    --
    There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
  27. Patents kill in a lot of sectors... by Eric+Damron · · Score: 3, Insightful

    "In medicine, patents cost lives."

    Patents cost lives in more than just medicine. I remember hearing about an African country that turned down a shipment of grain because it had been genetically altered. The fact that it was genetically altered wasn't the problem. The problem was that there were patents on the alterations and the government knew that farmers would use some of the grain to raise new crops. That country chose to let their people starve rather than face the consequences of patent infringement.

    Corporations don't give a shit about people. They could care less if you as an individual lived or died. You and I are nothing but prospective customers, a possible source of profit and it is only to that end they care.

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    The race isn't always to the swift... but that's the way to bet!
    1. Re:Patents kill in a lot of sectors... by TooMuchToDo · · Score: 1
      Sir, I take offense to your post.

      Not all companies don't give a shit about people. The company I own treats it's employees well, respects it's clients, and doesn't feel profit is the end-all-be-all goal (although, we can afford to behave in this manner, as I'm the majority shareholder). A wise man once said, "Profitability is like oxygen. You need it to survive, but it's not the purpose of life."

      Please make sure not to paint with such a broad stroke in the future. Some of us are actually trying to make a difference, no matter how few and far between we are.

    2. Re:Patents kill in a lot of sectors... by Builder · · Score: 1

      I believe that was Zimbabwe. It was probably the only time in the last 27 years I've agreed with anything that Mugabe said...

      He said that they would take the grain if it was milled first, but he did not want to risk contamination destroying the agricultural industry (he had thugs and murderers for that). The organisation donating refused to have it milled, so he stood by his claims and refused the grain.

      That would have been brilliant if his henchmen hadn't been killing farmers at the same time, thus restricting the country's ability to produce its own grain.

    3. Re:Patents kill in a lot of sectors... by 4D6963 · · Score: 1

      Not all companies don't give a shit about people. The company I own treats it's employees well, respects it's clients, and blah blah blah

      Yeah, and how large is your company, huh? Is it a Fortune 500 company? No? You see, the larger the company, the less they care, but they're not even supposed to care in the first place. That's the key to capitalism as defined by Adam Smith, the butcher doesn't butch for the good of the community, but for profit. And that's what companies are supposed to be driven by, profit.

      It's not a bad thing, it doesn't make companies evil by nature as some hippie douchebags seem to think, it's ultra-libertarianism that's evil for not controlling companies which in their right mind would do anything for more profit. Because the misunderstood problem is that companies, particularly large ones, are the fruit of a profit-thirsty collective intelligence, and that the government decided not to interfere with their quest for more profit, leading to the terrible results we know about particularly in the pharmacy industry.

      Only a strong, global government control over companies can prevent such terrible situations from happening, it's called a Keynesian economy and it's known to work, but when at the head of the government you put CEO's of important companies, you can't expect that to happen, because the government itselves becomes a kind of company, an out-of-control profit thristy one.

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    4. Re:Patents kill in a lot of sectors... by b.burl · · Score: 1

      libertarians espouse liberty for individuals, NOT souless legal fictions. Corporations are not entitled to liberty any more than the starship enterprise is.

    5. Re:Patents kill in a lot of sectors... by Kattspya · · Score: 1

      Yeah, sure. It was a bunch of green would be doo-gooders that scared the shit out of the Africans that GMO's are dangerous. Why the fuck would Mugabe care about patents when he's confiscating land from thousands of farmers?

      Look at this propaganda piece from the same kind of fuckers that caused people to starve to death. It says nothing of patents: http://www.indsp.org/GMWpr1105.php/

    6. Re:Patents kill in a lot of sectors... by ceoyoyo · · Score: 1

      Because weak, starving farmers don't fight back nearly as hard as the US government?

      Take a farmer's land, no biggie. Infringe a patent and all of a sudden the world's only superpower will put you on the people-to-kill list.

    7. Re:Patents kill in a lot of sectors... by good+soldier+svejk · · Score: 1
      That would have been brilliant if his henchmen hadn't been killing farmers at the same time, thus restricting the country's ability to produce its own grain.
      Actually, only a few farmers were killed in the "land reform," although many were assaulted. A lot more farm workers were killed, which is sad and ironic since they were the ones land reform was theoretically supposed to benefit. Of course, the farm invasions had nothing to do with real land reform, which Zimbabwe sorely needed. They had everything to do with ZANU-PF politics.

      Also, I think you should be clear that "farmers" means white commercial farm owners. In other words the Rhodesian colonial elites.

      As usual, Human Rights Watch did an excellent job documenting the crisis and the land issue in general.
      --
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      -James Baldwin
    8. Re:Patents kill in a lot of sectors... by Kattspya · · Score: 1

      Care to give some kind of link that supports the notion that patents and not bogus health/environmental concerns were the reason for not accepting GMO corn?

    9. Re:Patents kill in a lot of sectors... by ceoyoyo · · Score: 1

      I didn't say it was. I just answered your question:

      "Why the fuck would Mugabe care about patents when he's confiscating land from thousands of farmers?"

      I'm afraid you're unlikely to find any reliable sources either way on the motivations of a dictator, but good luck in your search.

    10. Re:Patents kill in a lot of sectors... by 4D6963 · · Score: 1

      libertarians espouse liberty for individuals, NOT souless legal fictions.

      We can't be talking about the same libertarians them. I'm talking about the ones that in Europe we call liberal.

      Now that I think about it, I just think you got it wrong, your definition of libertarianism means liberalism (the american meaning of the term), libertarianism is all about pure liberty for people and companies. And please don't make me have to link to Wikipedia ;-)

      --
      You just got troll'd!
    11. Re:Patents kill in a lot of sectors... by Kattspya · · Score: 1

      Good Point.

      Sorry.

  28. For greed or good? by baffled · · Score: 1

    Do you honestly believe most innovators are fueled by the enticement of economic wealth, and not by the reward of doing something great for society?

    1. Re:For greed or good? by compm375 · · Score: 1

      The current patent system doesn't prevent people from licensing their IP for free, so those looking to do something good for society can do that.

    2. Re:For greed or good? by TheGreatHegemon · · Score: 1

      Do you honestly believe most innovators are fueled by the enticement of economic wealth, and not by the reward of doing something great for society? Sadly enough, I do think so. In the United States, at least, we are a capitalist society. The two greatest drives are wealth and fame now, which is now the goal of many inventors. Besides that, most innovation now seems to require fancy (expensive) labs and equipment. Even if you aren't in it for the money, you need the help of someone who IS in it for the money, since they HAVE the money to work on your dream.
    3. Re:For greed or good? by doktor-hladnjak · · Score: 0, Troll

      Perhaps not all innovators, but for drug research there are sometimes hundreds of people involved for several years requiring salaries, facilities, equipment and other support. Doing something great for society unfortunately doesn't pay the bills for most people.

  29. Limit on royalties by Tablizer · · Score: 1

    I think some kind of limit on royalties should be explored. We can give inventors some rewards without grinding everything to a hault. Some kind of compromize is needed.

  30. Hi, my name is Lizzy Faire by Travoltus · · Score: 1, Insightful

    and I say to the poor, "Let them eat cake".

    Your right to live should depend entirely on how much money you have.

    [neo con parody off]

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:Hi, my name is Lizzy Faire by Anonymous Coward · · Score: 0

      As opposed to depending on how much money you can take from someone else?

  31. bingo by Anonymous Coward · · Score: 0

    ...what you said, those guys and the ones who get a perpetual "patent" on printing up "official currency" and then get to loan it with interest. Those are the really rich, although they manage to manipulate events and stay off the forbe's list and outside the limelight. Gates and Buffet are pikers, street beggars, lemonaid vendors, compared to the central bankers.

  32. The Gates Foundation... by kiwioddBall · · Score: 2, Interesting

    ... may well consider spending some of its billions buying out critical patents?

  33. The ROI for R&D ain't what it used to be... by jayemcee · · Score: 2, Insightful

    FTA:|The chief executive of Novartis, a drug company with a history of social responsibility, said "We have no model which would [meet] the need for new drugs in a sustainable way ... You can't expect for-profit organizations to do this on a large scale."| I haven't looked at the cost to bring a drug to market (from discovery to preclinical work through to NDA filing) recently, but last I saw it was in the region of $800 million US. Most big pharmas are tweaking the winning compounds they already have rather than pushing riskier candidates through the later stages towards approval. If you can play with the other enantiomer of your already approved product rather than mess with a new molecule, you do that first, assuming you own the rights :) Most of the big pharmas do R&D and spend enormous sums, but the biotechs and biopharmas still do the work on the less favored sons, hoping for a wedding or at least an invite, but as the man from Novartis indicates, it's a business fraught with peril, not many compounds make it through the regulatory authorities like the FDA, EMEA, etc. Pfizer and Lilly and the others do their due diligence and throw seed money at the little guys along with venture capitalists, but sustainability is a big ask when the percentage of compounds receiving approval is as low as it is.

  34. Correct. medical X-prizes by zogger · · Score: 1

    Public funding for successful cures. Not treatments, cures. No cure, no loot, and that makes it perfectly clear what should or should not be tried for, by public pressure. Winner take all. Smartest guys win. Make the cash payout large enough, you'll get teams trying, and they won't have to waste money on advertising/marketing/fancy offices/corporate jets/lobbying/bribing, any of that crap they do now, just the lab and the brains... No suits or skimming needed or even applicable. The winners take their payout and try for the next prize or whatever else they want to do, because the winning formula gets public domained,it gets the anti-patent treatment in other words, then any generic company can offer it so the cost will be low over all and instant competition to keep it low.

        An alternative from the private sector (this is wild but might work and I think millions of people would participate) would be a 50/50 split, using a lottery. 50% for lottery prizes, the other 50% going to the medical x-prize. No tax money needed that way, no institutional money, and it's been proven that lotteries attract cash. Again,let the people, the potential customers for medical "stuff" we are talking about, determine what gets funded or not based on their own self interest.

        Another way is just a private bounty system to fund the x-prize, interested people, other businesses (I have mentioned insurance companies before in this regard as one such business), etc. are free to donate to the winners purse, these monies also possibly coming from what is normally donated for "research" anyway, you see them now, this society, that society, this medical foundation, that one, jerry's kids, etc. Cut to the chase and fund only cures,and things will change. Keep it the way it is now where we give patents for mostly treatments-and it will stay the way it is now. Nothing will change. You can't get different results until you first change the way you go about what you are doing, doing the same thing over and over again will just get you..the same thing.

    1. Re:Correct. medical X-prizes by blakestah · · Score: 1

      Wow, and this would be better than the NIH extramural funding system how?

    2. Re:Correct. medical X-prizes by zogger · · Score: 1

      Because it pays for practical results, not just looking for results, and said rersults then go to benefit all of humanity as cheaply as possible. I just agree with the article and the smart guy who wrote it, we can expand how innovation is carried out by taking the patent situation out of the scene especially when it comes to medicine. Look up in the thread, one AC claims to work for a pharmco and confirms this, they don't care a rat's ass about medicine, they are just a chemical company looking for profits.

          An x-prize situation or bounty system are the only practical alternatives to the situation we have now. Heck, you can't even *read* about a lot of publically funded (partially or total) research now without paying for the article, let alone do anything with the information once it becomes trapped in the patent minefield. I'd say that is at least a partially broken system that needs some rethinking.

    3. Re:Correct. medical X-prizes by blakestah · · Score: 1

      Let's suppose you set up a bounty system test, looking for a new cure for malaria.

      To "cure" malaria, you need to do a lot of scientific studies. That costs money. The X prize will not fund that. Once you have a "test" drug, you need to test in a variety of species. That costs money. the X prize will not fund that. Then you need human trials. The X prize will not fund that.

      What the X prize will do is offer you money after you've already cured malaria in exchange for the intellectual property.

      How much do you think Eli Lilly or Novartis or Merck would offer you for the same intellectual property? Enough to make you sell to them instead? Or, more likely, since you would almost have to have been working in an academic institution (or in business research), they will control the IP licensing, not you, and there is no way Jose they would take a lesser offer to get the X prize - the patent licensing lawyers at universities are just business lawyers trying to maximize profits.

      I just don't see how this suggestion could really be taken seriously, it doesn't address limitations in too much of the related infrastructure. A much more possible idea would be to eminent domain the IP once the drug company has it and compensate the drug company, much the same way that occurs today when drug companies offer IP protected drugs for AIDS in sub-Saharan Africa.

    4. Re:Correct. medical X-prizes by zogger · · Score: 1

      If you want to go emminent domain, you could just as easily disallow the patent in the first place, they would have little incentive to go for it. If you are going to threaten them with seizure of their work under e.d. and a token payment that has no recurring royalties, how is this any different? Really? All you are doing is relabeling what you are doing. It's still working towards a one time big payout. The whole idea is we are trying to eliminate the recuring years long costs to get the costs down for as many people as possible, the idea is we don't care about maximizing profits for chemical companies becase we as society think that the medical care is more important. We are going to do something about it, I guarantee you as the boomer population ages we are going to rein in these folks. We might even eliminate all medical patents, which I think is a good idea. something is gonna give. If you want to just call an emininet domain seizure that, swell, no problems, but it still isn't any different from telling them they will never totally own the product, that they won't have any IP, but they will get paid for developing it. The public will own it, not a private company, but they can still make a buck. that's it in a nutshell. I don't care the label, the potential customers/patients don't care the label. a taking is a taking, the ownership goes to the state and people whether it is under e.d. or they work towards a prize. The 5th amendment mandates that they get paid fair market value, to be detyermined by the government, it doesn't maintain that the government pay rent on it forever, it just doesn't work that way in past practice. You get one check, then buh bye. If that ain't enough for them someone else will go for it. And frankly, I don't care about those companies (I have worked for the ones on your list actually doing tradeshows,I am, on retrospection, totally ashamed of every nickel I ever took doing that, but it can't be helped now, I am a different person who is older and looked at reality harder. They waste cash hand over fist, they drive up the price of medical care to insane levels. I could care less about them, if the corporations dissolved tomorrow, not one smart human who does research for them evaporates. They can go on and do what they were doing, with a different payout. Probably make even more than what they are doing now. The middle man busywork shufflers make less. I don't see any problem there. I call this a good thing over all, and for the consumer it would be great.

      The x-prize system completely eliminates all the marketing and advertising costs (this is not insignificant either), gets rid of the bulk of the overhead and administration costs (again a huge cost), and eliminates the overly high cost to the consumer because of royalties. Society already drops a certain amount there, this way, near all of it goes to ACTUAL RESEARCH. This is BAD? You'd rather it stays the way it is now where research costs are way down the list?

      And they couldn't keep employees if they had no products to sell, so if they want to keep making some money as opposed to no money, that should be inducement enough. If it isn't, who care? The brains-the scientists- could quit, perhaps band together, even involve some investors to fund them as they work,not boss investors, just plain vanilla investors who take a risk looking for the payouit. That's a possibility. Good teams with verifiable past good track records would attract them then. Knowing that they had to push hard to get the prize money which would then be split up along whatever they as the brains thought proper, would be their call. And there is no size limit on the teams, no boundaries on which way they could go. Results get paid, get rewarded handsomely, half ass results get zip. And that's because medicine is *important*, this isn't who has the best MP3 player or which sports team wins first place.

      People in the clinical trials would be addressed the same way it is now, they take a risk in order to maybe get c

  35. Re:So now you know by edwdig · · Score: 1

    Generally speaking, rich people are rich because they chose to be that way through hard work and sacrifice.

    Working hard and sacrificing certainly helps you get rich, but for the vast majority of people, that'll lead to a comfortable middle class life.

    Maybe because the media only shows the Paris Hiltons of the world, when most of the working rich do their thing in obscurity.

    It's not the working rich that people dislike. It's the Kennedy's and Bush's with their shady fortunes, Microsoft making a mockery of the law to build a monopoly, Halliburton and their no bid war contracts, Carly Fiorina and her giant severage package reward for destroying HP, etc.

    It's not that people dislike the working rich, it's that they're essentially invisible in the scheme of things. They don't have the money to influence things like the non-working rich do, and there aren't enough of them to influence things like the middle class does.

  36. Actually... no restricted access for Indians by silverbyte · · Score: 1

    The (slashdot) article content is incorrect. there is no restricted access to turmeric (and its derived anti-cancer products) for Indians.
    Even the original article mentions "had it been enforced"

  37. Is It Just Me Or..... by flyneye · · Score: 0

    A nobel winning economist blasts drug patents.
    Isn't that a bit like the apple calling the orange; black? or some other such mixed metaphor ?
    How about welfare recipient calling attention to highway safety?
    school nurse protesting soap opera commercials?

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    1. Re:Is It Just Me Or..... by RallyNick · · Score: 1
      A nobel winning economist blasts drug patents. Isn't that a bit like the apple calling the orange; black? or some other such mixed metaphor ? How about welfare recipient calling attention to highway safety? school nurse protesting soap opera commercials?

      Perhaps more like you blasting a nobel winning economist?

    2. Re:Is It Just Me Or..... by Anonymous Coward · · Score: 0

      Huh? Economists study economies and the flow of money. Patents on drugs directly effect the economy in a huge way. Health care costs are 16% of our GDP.

  38. Devils Advocate by CodeBuster · · Score: 0

    Since other people on this forum are either unwilling or unable to have a serious go at presenting the other side of the argument, then I suppose that I will take a shot at it being that I am an investor in companies which develop drugs and benefit from patents. First off, I do not consider myself or the companies which I invest in to be evil entities scheming to keep drugs out of the hands of the poor. The drug patent issue stirs passions in the debate like few others and especially when it is related to the issue of HIV/AIDS which really is a big problem in the third world countries as well as here in the west. However, we must allow ourselves to consider the merits logically or else we find ourselves hopelessly lost in the sway of an emotional argument and unable to see the reasonable points of the opposition. It is true that there are some drugs which are badly needed by poor people who are unable to get them because of high prices due primarily to some combination of high production costs, price fixing in some countries (creating shortages), low demand in countries where consumers are more willing or able to pay (epidemics of malaria are not common in the United States for example), and yes patents.

    However, it is also important to remember that many of the so called blockbuster drugs developed and patented are targeted at non-life threatening problems which are concentrated in the first world nations of Europe, Japan, the United States and others. For example, erectile disfunction and high cholesterol due to obesity are primarily first world problems and the fact that these particular medicines are patented probably doesn't make much difference to the poor people in Africa because they mostly do not need these medicines anyway. In those cases where the drug CAN be produced for some profit and sold to poor people in need, or to organizations who will turn around and use them to help the poor, it is usually done because the drug company earns $0 if the poor person dies when he and millions like him were willing and able to pay $1 for their prescription (or get it from the aid agency which pays $1 on their behalf). In fact it would be foolish for the drug company NOT to license for third world production since monopolies, which drug patents create, maximize profits by price discrimination (i.e. they charge each consumer the maximum price that they are willing and able to pay). In Africa that price might be $0.02 per dose while in the United States it might be $2 per dose or 100 times more expensive because that is what the markets will bear. There is no reason for a company to leave money on the table just because they want to be evil (this is not Dr. Evil here people)

    The market for life saving generics is already well provided for by Indian and other foreign pharmaceutical companies who produce large quantities at lower costs and sell them profitably in these third world nations. The AIDS example is a notable one where this is NOT the case, but the main point is that these types of situations tend to be the exception rather than the rule. There are many reasons why the poor do not receive the medicines that they so desperately need including wars, poor government institutions, corruption, and myriad others but patents are really not the bogey man that they have been made out to be in restricting access of poor people to medicine. The AIDS issue merits special attention to be sure, but it does not mean that we should scrap drug patents for heart disease medications (thereby ensuring that they will not be produced) when doing so would make little or no difference to the plight of the people in Africa. The drug patents get scapegoated because they are an easy and politically attractive target, but scraping patents is not the answer. I would be in favor of more stringent review before patents are granted, like the aforementioned Indian traditional medicine patent, but that is another discussion.

    1. Re:Devils Advocate by Anonymous Coward · · Score: 0

      Please dont post to slashdot again. Youre far too logical for this crowd.

    2. Re:Devils Advocate by tgibbs · · Score: 1
      However, it is also important to remember that many of the so called blockbuster drugs developed and patented are targeted at non-life threatening problems which are concentrated in the first world nations of Europe, Japan, the United States and others.


      This is true, but it is also part of the problem. There is far less private investment into serious medical problems of the third world (parasitic diseases, for example), because the profit potential for such drugs is so limited, even though the potential for relief of human misery may be very great.
    3. Re:Devils Advocate by CodeBuster · · Score: 1

      There are already very effective generic anti-parasitic drugs, such as Praziquantel, available at reasonable prices. There may be human conditions which are not well treated because they are uncommon, but parasites are probably not the best example. In many cases, better access to clean water and increased use of certain pesticides like DDT would be much cheaper and more effective than continued use of drugs.

    4. Re:Devils Advocate by tgibbs · · Score: 1
      There are already very effective generic anti-parasitic drugs, such as Praziquantel [wikipedia.org], available at reasonable prices. There may be human conditions which are not well treated because they are uncommon, but parasites are probably not the best example. In many cases, better access to clean water and increased use of certain pesticides like DDT would be much cheaper and more effective than continued use of drugs.


      This is comparing apples and oranges. Public health measures are a preventative, not a treatment. Or to put it another way, when somebody shows up in a clinic with a parasitic disease, you can't give them a glass of water and a shot of DDT and send them home. This is not to diminish the importance of preventatives, but a) they require a level of social organization and stability that is not always present, and b) they rarely completely eliminate disease, so you still need effective treatments.

      As the saying goes, once you are up to your neck in alligators, it too late to talk about draining the swamp.
  39. Way too much marketing cost by Animats · · Score: 2, Insightful

    Advertising for prescription drugs used to be illegal. After that was "deregulated", it grew to twice the cost of drug R&D. There is now one pharmaceutical sales rep for every four doctors in the US.

    Until the 1980s, drugs developed at Government expense went into the public domain immediately. Now, pharmaceutical companies can buy rights to government-developed drugs.

    Big Pharma has negotiated several special deals to extend patent lifetimes. Patents are extended by the time the FDA spends evaluating the drug. And then there's a "proprietary rights in drug testing data" thing, which means that the company which did clinical testing gets an exclusion right against generic makers which can outlast the patent. And then there's a special extension of exclusivity deal if a drug company pushes an existing drug through clinical testing for children, which can extend the patent life.

    But when the patent runs out, the price goes way down. Claritin used to be over $1/tablet; now the generic version is about $0.12 each.

  40. Patents Expire by Ignis+Flatus · · Score: 0, Troll

    Remember, patents expire. There is a huge catalog of freely-available drugs out there. Take them. Use them. Stop complaining that you don't have enough free stuff, because there is a wealth of free drugs and treatments. So you're 15 or 20 years behind the state of the art. So what? Most people in this world would give anything to have 1980's technology. I survived the 80's. It wasn't that bad. Really. Just leave out the hair bands and alligator shirts if you like.

    1. Re:Patents Expire by DragonTHC · · Score: 1

      you are a colossal moron.

      if you get a deadly ailment that requires one of these designer drugs, you will end up paying $70 per pill because the company has patented the formula. Without patents, a generic can be made at probably $2 per pill. While that is still expensive, it's manageable for an impoverished family of someone who has a deadly ailment curable by the designer drug.

      pharmaceutical companies are businesses who have publicly owned stock. They are spending more on advertising than on research.

      Merck, Phizer, EJ Lily and other ticks could be curing fucking plagues with that money. but then they wouldn't be in business.

      cholera could be inert. malaria could be inert. smallpox could be inert. rubella could be inert. horrible diseases like cancer and leukemia could one day not be life threatening.

      HIV could be inert. HPV could be inert.

      To say, we found this life-saving formula and you have to pay us exorbitantly to save your life, is a crime against humanity.

      These pharmaco's research is mostly based on tribal wisdom. Patents prevent those tribes and shamans from benefiting from their discoveries.

      the first safe general anathesia is made with D-tubocurarine from an adapted curare serum. curare is a mixture that tribal cultures in the amazon basin use to tip their arrows and darts with so they can hunt effectively. They discovered the formula.

      patents can be a good thing for certain industries. They protect inventors and the like. but they are misused as a free pass for exploitation today.

      --
      They're using their grammar skills there.
    2. Re:Patents Expire by bucky0 · · Score: 1

      Patents expire, but so do people.

      People expiring is much worse. I'm fortunate enough to be blessed with the means to provide for (hypothetically) any medical care that I would need, but if I had to sit around and hope I didn't die in the 7 years it takes for a medical patent to expire, I'd be kindof upset about it.

      --

      -Bucky
    3. Re:Patents Expire by Temkin · · Score: 1



      You like to redefine things to suit your point of view. To define this as a crime against humanity could very well make you a criminal as well. If you have $5 in the bank, and there's a starving child somewhere... Hey you're withholding food from the child you could help, and you're not!

      A little socialism can be a good thing. A lot of socialism... society rots from within.

      Having said that... If government funding helped produce the drug, then the government is one of the stake holders in the patent and should exercise it's leverage on behalf its constituents. But this is an arguement against "corperate welfare", and has little to do with "crimes against humanity".

  41. You're also confusing other things... by Svartalf · · Score: 1

    Even IF you're in great shape, High Fructose Corn Syrup, the stuff that they've adulterated every
    bit of your food supply with, will dramatically increase your chances of getting Type II Diabetes
    ANYWAY. It causes nasty, ugly swings of blood sugar levels because it resides in your blood stream
    because it is present there, insulin doesn't get rid of it, but your pancreas senses sugar, and
    the only organ in your body that can directly USE it is your liver. You end up getting fat if you
    take in too much Fructose- even if you're fit. You end up with Insulin resistance in spite of you
    being fit because of the insulin spikes induced by the sugar in question.

    It's a handful of things really- and telling someone to just get on a freaking treadmill isn't
    the answer. It's a BUNCH of things, including some that actually DO need a pill to fix the
    problem.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:You're also confusing other things... by Profane+MuthaFucka · · Score: 1

      Guess what? I actually said the same thing you did, and either you didn't realize it, or you posted to the wrong thing by accident. Your comments are pretty accurate.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  42. An added benefit... by Junta · · Score: 1

    Right now the cost/benefit analysis of any medical research strongly favors treatments over cure. If investors see two projects with two possible outcomes, one with an expensive and inconvenient regimen for the rest of someone's full life, or a project that plans to have a 30-day cheap pill cure, the investors will lean toward the one *obviously* suboptimal for society, because ROI is higher.

    If something like what you are talking about is done, more measures can be taken to level the playing field so that cures are financially as well as socially are better than treatments.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:An added benefit... by Vicissidude · · Score: 1

      That's why we fund public university research. I believe that's where the current cure for ulcers came from. Prior to that, the industry was all focused around providing antacids. The new research came out saying that ulcers were caused by bacteria. Now, what was previously a chronic problem that also contributed to cancer is now treatable by special antibiotics that target the lining in the stomach.

      I know publically funded university research is "anti-capitalist" or "socialist", but I don't give a damn. The profit motive is not good for the public in every business and every field.

    2. Re:An added benefit... by gmhowell · · Score: 1

      Or to paraphrase Chris Rock "They fucked up on polio. They cured that shit, and nobody got any money. That's why there'll never be a cure for AIDS: they want you coming back and paying, every month, for your whole fucking life."

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  43. Jefferson by Paradise+Pete · · Score: 2, Informative
    'Knowledge is like a candle, when one candle lights another it does not diminish its light.'

    "He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me." - Thomas Jefferson

  44. can this be true? by junior.kun · · Score: 1
    "The US patent for turmeric didn't stimulate research, and restricted access by the Indian poor who actually discovered it hundreds of years ago. 'These rights were intended to reduce access to generic medicines and they succeeded.' "
    I find this hard to believe. You can't patent things that were publicly known at the time of the invention, and even if you got the patent, it would be unenforceable. Maybe those Indians just needed a good lawyer. Maybe they couldn't afford one.
    1. Re:can this be true? by Anonymous Coward · · Score: 2, Informative

      Turmeric is a tropical herb grown in East India, and the powdered product made from the rhizomes of its flowers has several popular uses worldwide. Turmeric powder, which has a distinctive deep yellow color and bitter taste, is used as a dye, a cooking ingredient, and a litmus in a chemical test, and has medicinal uses as well. In the mid-1990s, this product became the subject of a patent dispute with important ramifications for international trade law. A U.S. patent on turmeric was awareded to the University of Mississippi Medical Center in 1995, specifically for the "use of turmeric in wound healing." This patent also granted them the exclusive right to sell and distribute turmeric.[1] Two years later, a complaint was filed by India's Council of Scientific and Industrial Research, which challenged the novelty of the University's "discovery," and the U.S. patent office investigated the validity of this patent. In India, where turmeric has been used medicinally for thousands of years, concerns grew about the economically and socially damaging impact of this legal "biopiracy." In 1997, the patent was revoked. But for two years the patent on turmeric had stood, although the process was non-novel and had in fact been traditionally practiced in India for thousands of years, as was eventually proven by ancient Sanskrit writings that documented turmeric's extensive and varied use throughout India's history. Many developing countries are concerned that the globalization of intellectual property rights under the WTO's TRIPs agreement, and the negative consequences it has for traditional indigenous knowledge and biodiversity.

    2. Re:can this be true? by geminidomino · · Score: 1

      "The US patent for turmeric didn't stimulate research, and restricted access by the Indian poor who actually discovered it hundreds of years ago. 'These rights were intended to reduce access to generic medicines and they succeeded.' "
      I find this hard to believe. You can't patent things that were publicly known at the time of the invention, and even if you got the patent, it would be unenforceable. Maybe those Indians just needed a good lawyer. Maybe they couldn't afford one. It always comes back to the bloodsuckers, doesn't it?
    3. Re:can this be true? by gcx1 · · Score: 2, Interesting

      Yes it can be true!! This is not the first time some greedy businesses from US have tried to do this, some of them even tried to patent the use of Neem tree that has been a traditional knowledge in India for thousands of years. When Indian Govt objected to a patent that was granted to USDA and WR Grace, the multinational WR Grace said that the prior use of Neem has not been documented in a scientific journal!!! Benefits of Neem tree are well documented in Indian traditional medicine known as Ayurveda and the Neem tree itself has cultural significance in many parts of India. Read about this dispute in Wiki - http://en.wikipedia.org/wiki/Neem. I am sure the same multinationals are searching the rain forests and tropics to patent the medicinal use of a tree or a plant that has been a traditional knowledge for generations.

  45. Murderous Monsanto by Anonymous Coward · · Score: 1, Interesting

    Murderous Monsanto should never be trusted with our food supply. Not any part of it. Previous links just the tip of the iceberg.

  46. insurance is a problem, and so is government by r00t · · Score: 1

    With that, people don't bother to shop around.

    The law ought to be as follows:

    For non-emergency, all costs must be disclosed as early as possible. Individuals pay out of their pocket. There is no mandate to treat people who can't pay. Insurance is prohibited, because it acts to reduce price competition.

    For true emergency, the government pays until the emergency has passed. All people get treated as needed. (excepting unusual mass-casualty situations, where the hospital should pick people likely to survive and people who are needed to support families)

    Simple broken arms are not true emergencies. Normal childbirth is not an emergency. To be an emergency, the person must be in immediate danger of preventable harm. In other words, your end result will be worse if you don't get immediate treatment. Anything that can wait a few hours is not an emergency.

  47. you missed it by r00t · · Score: 1

    In the USA, people expect perfection. They demand it. If they don't get it, and even sometimes when they do, they file a lawsuit. Sometimes this is a multi-million-dollar jackpot. Other times, the insurance company quietly settles for a damn fine chunk of change.

    This means the doctors have to pay for insurance. Some need to pay over a million dollars per year. Guess how they get the money.

    The fix is easy: eliminate all medical liability. If the doctor is incompetant, he should just lose his license. If the doctor is evil, he should just go to jail. If the patient wants a payout upon injury, let them buy their own insurance to cover such injuries.

    Winners: nearly all patients and nearly all doctors
    Losers: trial lawyers, incompetant doctors, and evil patients
    Mixed: insurance companies

  48. Thomas Jefferson said it best... by CondeZer0 · · Score: 3, Insightful

    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 everyone, 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.
    He who receives an idea from me, receives instruction himself without lessening
    mine; as he who lights his taper at mine, receives light without darkening me.
    That ideas should freely spread from one to another over the globe, for the
    moral and mutual instruction of man, and improvement of his condition, seems to
    have been peculiarly and benevolently designed by nature, when she made them,
    like fire, expansible over all space, without lessening their density in any
    point, and like the air in which we breathe, move, and have our physical being,
    incapable of confinement or exclusive appropriation. Inventions then cannot, in
    nature, be a subject of property.

                                                                                          -- Thomas Jefferson

    --
    "When in doubt, use brute force." Ken Thompson
    1. Re:Thomas Jefferson said it best... by b.burl · · Score: 1

      commie bastard, what did jefferson ever do? If we followed his advice, we might create the most powerful enlightened nation on earth. And I know 2% of the population who would hate to see the rabble dissapear.

  49. Not sure this is such a great idea by Anonymous Coward · · Score: 0

    I'm not quite sure this is such a great idea. Nationalizing the pharmaceutical industry could cause quite a bit more harm than good. An economist of all people should know better than to meddle with the free market.

    Take a look at the annual report of a publically-traded pharma company. It's not the most profitable business in the world. In fact, due to the insanely heavy (but necessary) regulation by the FDA and other agencies, it's a small miracle that they're profitable at all. Huge sums of money are poured into research and development. It can cost billions to bring a drug to market, and billions more can be lost if a drug fails during clinical trials.

    The 3rd-world argument is also completely null and void. Many pharmaceuticals (out of their own volition) offer their drugs at or below costs to developing nations as a form of price discrimination. If you can sell a drug in the US at a 20% profit, and sell it to Africa at a 2% profit (these numbers are made up), you're still making more money than you would be if you weren't selling to Africa at all. By his logic, given that we have an abundant supply of (relatively) inexpensive food, we'd be feeding all the starving people in Africa.

    Also -- Viagra was not originally developed to treat erectile dysfunction, but for hypertension instead. Stop citing it as an example of money wasted as a "vanity drug". I'm not 100% sure how generic 'Medical' patents work, but drug patents expire very quickly, especially compared to other types of IP. It's usually just long enough to recover R&D costs and take a moderate profit to invest in other R&D efforts. The short patent expiration definitely keeps the industry on its toes, which may be a good or bad thing depending on how you look at it.

    That said, I do think that the UN and other organizations should be awarding grants to develop inexpensive drugs to treat diseases prevalent in third-world countries. A free-market pharmaceutical corporation (or even a wealthy nation with a nationalized pharma industry) would never do it because of the poor return on invesement. It's really the only way it'd ever get done...

  50. What a glowing example of humanity by Eric+Damron · · Score: 1

    The most people are guilty of only one thing; being powerless. What a fine comment you make. "They deserve to die."

    Have a nice Christmas.

    --
    The race isn't always to the swift... but that's the way to bet!
  51. Who will allocate prizes from the fund ? by Philip+Dorrell · · Score: 1
    If prizes are being given for the production of public goods, such as ideas or content, the prizes should be awarded by the people paying for the prizes, i.e. the taxpayers. Prizes should be awarded after the goods are produced and not before. So the production of the content would still be a very entrepreneurial activity. Something like the Slashdot moderation/meta-moderation system could be used to prevent abuse of the voting system (i.e. trying to vote money to yourself or to your friends).

    I explain this idea in more detail in my article Published Digital Information is a Public Good: The Case for Voted Compensation.

    --
    Music: a super-stimulus for the perception of musicality. Musicality: a perceived aspect of speech.
  52. Re:So now you know by doktor-hladnjak · · Score: 1

    The main reason that a small percentage of the population shouldn't own a large percentage of the wealth is that such a situation tends to lead to civil unrest. Basically, in such situations the uspet and restless poor can take action either through a revolution (often Marxist--see Namibia or Nicaragua or Cuba) or a democratic process (election of Hugo Chavez in Venezuela). For examples of countries with very even income distribution, see pretty much any part of Scandinavia--safe, highly educated, politically stable. Effectively, the more people that have satisfactory living conditions (however that's defined in that place and that time), the happier and more invested in their society they feel and the less likely they are to become angry and restless.

  53. words.. by govt-serpent · · Score: 1

    words..words... women..breast..enormous.. whoa!

  54. There is no good argument by j_w_d · · Score: 2, Insightful

    There is no evidence to support the concept that "intellectual property" patents actually encourage innovation. The candle metaphor used in the article is directed exactly at this concept. Anyone conversant with the history of science beginning with Francis Bacon and onward through the formation and growth of the Royal Societies and the other national and international scientific associations knows this. Knowledge leads to knowledge. The very REASON for peer review is to test one's data, methods, and conclusions against other knowledge. Secrecy around "intellectual property" encourages a "small pond" approach to peer review and limits the actual functionality of the scientific method and effectively intellectually isolates the very researchers attempting to benefit from the "secret." Patents, secrets, and "intellectual" property hobble any science, and will force increases in cost at the expense of money, time and efficenicy. At the other end of the scale, incidents such as the "discovery" and patentiang of Tumeric, a substance widely documented as a folk-remedy, is simple theft, pure and simple. It was cynical and can even be construed as greedy and vicious. Certainly the patent didn't support a costly research effort, nor does protect a "discovery." Ultimately the tumeric patent was struck down. One could argue that rather than the government issue patents, business should be required to rely soley on industrial secrecy to protect their "intellectual" property. This would immediately simplify many things. WIth no more patent system the demand and cost of patent lawyers vanishes over night. If an individual wishes to actually benefit from the knowledge of others through peer review, then they bite the bullet and decide whether the lost of the "exclusivity" of their "secret" is balanced by the gain of the insight of others. Each time they seek the response of the community innovation actually WILL be encouraged.

    --
    ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  55. Speaking Out by Mark_MF-WN · · Score: 5, Insightful
    This is a common mistake made by ridiculous people. Tyranny doesn't prevent people from speaking out. People under the tyranny of the Nazis, the Fascists, the various incarnations of Communism, or even the brutal dictatorial regimes of the feudal system -- they could all speak out to their hearts' content. They just had to face the prospect of ending up dead or in jail, or having their rights severely curtailed. Government harassment is a very common way that tyrants silence their opposition while maintaining the illusion of peace and freedom. Government harassment -- exactly like what the US is doing to reporters, scientists, and critics of the government.

    You lost your right to say that Americans are free when you didn't butcher Dubya and string up the supreme court for imposing their own opinions on a set of election results that were not even remotely clear, and refusing to even hear the appeals of the tens of thousands of disenfranchised voters that were barred from voting just for being poor and having names that were too similar to those of a convicted criminals in other states. That you don't lynch-mob government officials that engage in gerrymandering is proof enough that you don't even care if your elections are even remotely representative. Even allowing the existence of "lobbying" (AKA bribery) is an embarassment for any nation in which it occurs. America is not free, it is not democratic, and it is by far the stupidest nation in the Western Hemisphere. Consider this: it is the only non-Muslim nation where there are actually a sizable number of people that question the value of literacy... and are willing to elect leaders that lack it.

    1. Re:Speaking Out by JohnFluxx · · Score: 1

      What a stupid semantic game you play.

      It's a common mistake to think you are prevented from killing people. In fact you are can kill people as much as you want, it's just that you face imprisonment/death if you do so.

    2. Re:Speaking Out by Anonymous Coward · · Score: 0

      The very fact that millions of people were killed because they were Jews, and NOT because of what they said, would seem to be a giant flaw in your (largely semantic anyways) argument. Read "The Rise and Fall of the Third Reich" for a list on the many, many ways in which you are wrong.

    3. Re:Speaking Out by Fordiman · · Score: 1

      "They just had to face the prospect of ending up dead or in jail, or having their rights severely curtailed."

      I'm sorry, since when was that even a concern here?

      "You lost your right to say that Americans are free when you didn't butcher Dubya and string up the supreme court for imposing their own opinions on a set of election results that were not even remotely clear, and refusing to even hear the appeals of the tens of thousands of disenfranchised voters that were barred from voting just for being poor and having names that were too similar to those of a convicted criminals in other states."

      Unfortunately, most US citizens are getting more and more fed up with politics. As a result, more and more of us follow only the laws we fell like following, and fewer of us (proportionately) end up in jail as a result; the failed laws end up in the same place as 'blue laws' (the extreme puritan laws passed at the turn of the century. Technically, I can't snog my girl in public. Doesn't mean I don't do it.)

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    4. Re:Speaking Out by jafac · · Score: 2, Interesting

      That you don't lynch-mob government officials that engage in gerrymandering is proof enough that you don't even care if your elections are even remotely representative. Even allowing the existence of "lobbying" (AKA bribery) is an embarassment for any nation in which it occurs.

      These mechanisms are favored by the minority upper class whites, because these mechanisms perpetuate their dominance on political and economic power in this nation. Yeah, people like my parents. People like my neighbors. Sometimes, even I am afraid of what could happen in this nation under true Democracy.

      It's pretty clear that it's an unsustainable path. I don't think that, even given the recent turnover in elections, that any real change is going to happen. We're stuck in that catch-22 - that limiting campaign money is philosophically equivalent to limiting speech. And we're pretty fond of the IDEA of free speech (even if there are people who are willing to sacrifice it for a feeling of security). This contradictory approach is driving a lot of the ire and conflict in our political process, and it is escalating more and more with each election cycle. Everybody feels it. Everyone senses that it's wrong that individual citizens have no voice, in comparison to the mass media. Everyone is pissed about it. Yet, every time we get mad at the incumbents and toss them out on their asses, the folks that come in to replace them are still interested in preserving the status quo. I don't really know what's going to happen when Congress opens next week under Democratic power. I tend to be pessimistic. I tend to think that power corrupts - and the machinery of government that the Democrats have taken control of, will corrupt them too. And next election cycle, an angry electorate will throw them out and put the Republicans back in power - wash, rinse, repeat. But with each cycle, the dissatisfaction and anger builds. And the lies aren't holding fast anymore. And the people have the Internet, to call out these lies and expose them. The Internet could be the catalyst for some real change in the USA. But I don't see it happening for at least two more cycles. We're not angry enough to leave our jobs, march in the streets, get tear-gassed (or worse). Not yet.

      and it is by far the stupidest nation in the Western Hemisphere

      I don't know about that. If you know the history of some of these South American countries (in particular, Argentina), and how they seem to, over and over, elect the fascist dictators (I'm thinking specifically of Peron, and Pinochet - and I haven't really made up my mind about Chavez); the USA isn't quite that far gone yet.

      Personally, I think it all went wrong when we let Reagan deregulate the newsmedia industry, which allowed too much consolidation, and gave a few ultra-wealthy industrialists almost complete control of all the information we get. Cable TV was poised to break the monopoly of the three major TV news networks - and that was nipped in the bud. They've been trying to nip the internet in the bud too. But I think they were too late.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    5. Re:Speaking Out by Mark_MF-WN · · Score: 1

      Killing still goes on, doesn't it?

      More significantly, look at all the people in Nazi Germany, Theocratic Iran, or Communist China that DO speak out. Many of them don't even get called on it. Some do. That's what the lack of free speech is all about -- having to take significant risks to speak your mind.

      My whole point was that the existence of people that criticize the government doesn't even remotely indicate that you are still living in a free society, because even the most brutal dictatorial societies in all of history had people doing precisely the same thing. A free society is one where those people don't have to worry that they'll be imprisoned by the police, have their careers destroyed by government intervention, or murdered by some national "security" organization.

      Note: you knew exactly what I meant, and deliberately misinterpreted it because the idea of facing up to what is going on the US right now scares the shit out of you. Sorry, but that's reality. Deal with it.

    6. Re:Speaking Out by Mark_MF-WN · · Score: 1

      I might have been listening until the part about South America -- the CIA is responsible for most South American dictatorships. Many South Americans like the idea of socialism and communism, but when they try to set up those economic systems within a democratic framework, the CIA comes along and brings a capitalist despot into power. That's YOUR fault, YOUR stupidity, not theirs. Sorry, try again.

    7. Re:Speaking Out by JohnFluxx · · Score: 1

      I wasn't arguing against your point or anything, I just didn't like the semantic word game. That's all.

    8. Re:Speaking Out by Mark_MF-WN · · Score: 1

      And yet you totally ignored the point: killing is banned in our society, much like free speech is banned in despotic regimes. And in exactly the same way that killing still goes on in our society (and frequently goes unpunished), free speech goes on in despotic regimes. Only a naive sap would claim that because some people criticize the government, that we MUST still be living in a wonderful liberal free society, rather than one that is spiralling into fascism.

    9. Re:Speaking Out by Mark_MF-WN · · Score: 1

      I don't really see what Jews have to do with this. They lie completely outside the scope of the analogy, in much the same way that corn subsidies, laser printer manufacturing techniques, or the study of the symbiotic bacterial relationships in coral reefs do. That is, they're only being brought up because you are very uncomfortable with the idea that Americans are losing their free speech. Unless you're trying to make the (completely inane and retarded) claim that critics of the Nazi party were NOT put into concentration camps, along with Jews and Roma and whatnot. But of couse, we know that critics of the Nazi party and members of competing political groups were all put into concentration camps as well. The fact that America has yet to begin massacring people on the same scale as the Nazis doesn't make American free speech any less tenuous. Although give them time -- the secret prisons are already in place and the people have been convinced that they have a fictitious enemy. The pieces are certainly in place.

  56. Why AIDS? That one is a waste of money. by r00t · · Score: 1

    First of all, there can be no cure. This is a simple fact that would be obvious if you understood how AIDS worked.

    Second of all, we know perfectly well how to avoid getting AIDS. Aside from a few extremely unlucky people, only idiots get infected.

    There are so many other diseases we could cure, including ones that wouldn't be a total wasted effort. There are normally-communicable diseases like tuberculosis that are coming back to haunt us in drug-resistant forms. There are mosquito-borne diseases. Heart disease kills many, including people who don't make foolish dietary choices. Mental illnesses, such as schitzophrenia and maniac-depression, are common and destructive. Then there are all the numerous injuries, like severe burns.

  57. Constitution by Mark_MF-WN · · Score: 1
    Isn't that the same constitution that doesn't allow for women to vote, and which for decades was widely believed to permit slavery? And which forbids the federal government from doing anything not explicitly mentioned in it?

    Sorry, the US constitution hasn't been a meaningful force in US politics since ... well, ever. It's a joke. Lincoln destroyed an last vestiges of meaning that it may have possessed. Dubya treats it like a used sanitary napkin; something too unpleasant to mention in polite conversation.

  58. Re:So now you know by Anonymous Coward · · Score: 0

    the usual point of that statement is that it requires dishonesty to achieve a wealth distribution like that. you should not be allowed to rise as high as your talents can take you if your talents are for theft and murder.

  59. Not far off the mark by Anonymous Coward · · Score: 1, Insightful
    The patent stood for two years till it got thrown out when Indian lawyers (Soli Sorabjee, I think he was the Attorney General then, was involved) backed by Indian Scientists got involved. (Link to December 2005 article)
    In 1995, the US Patent Office granted a patent on the wound-healing properties of turmeric. Indian scientists protested and fought a two-year-long legal battle to get the patent revoked. Last year, India won a 10-year-long battle at the European Patent Office against a patent granted on an anti-fungal product, derived from neem, by successfully arguing that the medicinal neem tree is part of traditional Indian knowledge. In 1998 the US Patent Office granted patent to a local company for new strains of rice similar to basmati, which has been grown for centuries in the Himalayan foothills of north-west India and Pakistan and has become popular internationally. After a prolonged legal battle, the patent was revoked four years ago.
    It's called Biopiracy, and it's a bitch to fight.
  60. Re:Medical Industry item 5a by Anonymous Coward · · Score: 0

    >> 5a. For every non-US employee a company contracts or subcontracts, make them pay money
    >> directly to the federal government's unemployment fund. In other words, a non-US employee
    >> working for a US company still gets taxed at the same rate as a US employee would

    non-US employees in the US i.e., H1B visa workers are (already) taxed as a US resident/citizen,
    and contribute to medicare and social security, even though they are do not receive
    medicare or SS.

  61. Re:So now you know by DamnStupidElf · · Score: 1

    Of course you know that's an exaggeration, but just out of curiosity, why do you think that (small percentage) should NOT own (larger percentage) of the world's wealth? Personally, I'd rather live in that world where I can move as high as my talent can take me, than live in a world of enforced "equality" that really means transferring money from the doers to the takers.

    Where do you think rich people get their money? Trees? Rich people take their money from the profits of things that normal people buy, basically by skimming off the top of everyone else's labor. There's no way to become wealthy in a vacuum, the *only* way is to get a little slice of everyone else's pie.

  62. The government is not at all stupid by njdj · · Score: 4, Insightful

    You assume the United States is the only one with a stupid government.

    And you are too ready to call people "stupid" instead of thinking.

    Politicians, broadly speaking, are not stupid. The rewards which flow to a successful politician - money and power - are huge. There is therefore a lot of competition. Stupid people have no chance.

    Politicians say stupid things pretty often. That's not because they believe what they're saying; it's because saying those things will get them more votes.

    Politicians often pass legislation which harms the people they represent. But the majority of voters don't follow complex issues, so that doesn't affect re-electability. In most cases, the legislation is in response to some special interest. The purpose of passing it is usually to get more campaign donations. It is relatively cheap for large corporations to buy the legislation they want in this way (here's an example).

    Our pols are not stupid, just unethical. But our political system seems to favor unscrupulous people.

    1. Re:The government is not at all stupid by Anonymous Coward · · Score: 0

      Every system favors unscrupulous people. Even if you insert some corrective or preventive measures, it just makes their shape shift a little. You can never stop that type of things. What you can is make the price higher, make entry level risk high, sweep regularly, take from them every bit of power they don't need to have to be able to service you well. Sad thing is that often "triumph of justice" is just a prevalence in duel - one crook down, other crook sainted.

      Since the beginning of politics, rules have been made by strong for the strong. Any freedom you have is just standoff agreed between powers for their own sake.

      But perhaps it doesn't have to be that way anymore.

      Nowadays, for the first time in history, we can establish real direct democracy, even global-scale one, today it is technically possible to vote every minute, over cell phones or Internet connections, all that is needed is an electronic (mathematic) ballot. Likewise, 24/7 control of elected (or picked, short term, jury style, to cap the maximum damage they can make, or make bribery expensive and risky) public officials is possible (as seen in "Big Brother"). Those new possibilities bring enormous power which is still tied down. Also, it makes (will make, after The Next Great Revolution) spin doctors even more important in politics and emphasizes importance of proper legal regulation of journalism (information filtration) and merging of journalists and lawyers into one profession - each news will effectively become a lawsuit (if accusing) or proposition for reward (if affirmative) or order for public officials (if it calls for certain measures), so proper procedures must be followed.

      The dark side is also there: there was never such large mob in history as one that can be assembled online ("Slashdot effect" is still small mob compared to i.e. those from ancient Rome or Constantinopolis, but it steadily grows and there are others too).

    2. Re:The government is not at all stupid by gotak · · Score: 1

      Almost entirely true but actually if you have met politicians, in a non political setting, a lot of times they aren't that bright. I know someone who worked as an aid to a politician and was told they have to be watched all the time cause otherwise they'll say things that can really hurt them. In another time we happened to sat down at a restaurant next to a politician and his friend and over heard him talking, clearly audible, about how he "hates fags" but he has to be nice to them cause that's his riding.

      The real issue with this "democratic" political system is as you say with the people themselves. No one really cares to find out about what's really going on. Most people have enough on their plate with their daily lives that they can't be f-ed to read up on the issues at hand. Just watch what passes for live televised debates you might as well just watch commercials. Nothing can be done about it they can't put real meat in their arguments cause that just bored people.

    3. Re:The government is not at all stupid by Citizen+of+Earth · · Score: 1
      But our political system seems to favor unscrupulous people.

      Yeah, it's a good thing that Autocracy doesn't favor unscrupulous people; the world would be very messed up if it did.

  63. Easy there with the terms like "murder" by mi · · Score: 1
    Why isn't this murder? Watching someone die a slow painful death when you could keep them alive
    It is not "murder" by definition. Look it up. Watching someone die is not even "negligent homicide"... Heck, such passivity is not even illegal at all in most cases. It most certainly is not murder.
    --
    In Soviet Washington the swamp drains you.
    1. Re:Easy there with the terms like "murder" by b.burl · · Score: 2, Informative

      I think you missed the intent of the question. He/she knows its not legally defined as murder, the author wants to know why it is not. What is the moral and ethical culpability of a person who has the means to save someone's life without risking their own or endangering others?

      If a person walks by a kiddie pool and sees a newborn in the process of drowning and chooses not to do anything, is that person not morally responsible for the death of that person? And if so, why don't we classify it as murder? Basic legal maxims include the belief that a person is responsible for the consequences of his actions if he is aware of what the outcome of his actions is highly likely to be and chooses to proceed with those actions. So why not include the idea of a person being culpable for the highly predictable consequences of his/her inactions? In the hypothetical, should the person who knowingly left the newborn to die be punished by society for his inaction? And if not, why? Is not the point of law to punish morally and ethically wrong actions that damage society?

    2. Re:Easy there with the terms like "murder" by mi · · Score: 1
      He/she knows its not legally [emphasis mine] defined as murder, the author wants to know why it is not.

      Because it is far less reprehensible than murder. Far less even, than negligent homicide... Pharmaceutical companies are not blamed for people getting sick — only for not providing medicines. "Crimes of omission" are almost always less reprehensible, than those actually committed.

      Basic legal maxims include the belief that a person is responsible for the consequences of his actions if he is aware of what the outcome of his actions is highly likely to be and chooses to proceed with those actions.

      In your example you are talking about the inaction of not helping a drowning kid. There is no action here... A visitor to a child care facility — even if he is a hated Big Pharma CEO, a gay-basher, or a Microsoft user — is not legally responsible for the death (moral responsibility remains between him and his conscience). Employees of the said facility are responsible, of course — but their crime would be that of "negligent homicide" at the most, not "murder".

      And no amount of hot air is going to change that...

      [...] is that person not morally [emphasis yours] responsible for the death of that person?

      Morally — maybe. Legally — no.

      And if so, why don't we classify it as murder?

      We don't classify it as "rape" or "grand larceny" either. Because it does not fit the definition of the term. For example, "that person" did not even kill "that person" — he did not even put her into the pool, much less caused her to drown. Is it really that difficult to understand? I guess it is — for someone, who is yet to grasp the differences between "action" and "inaction", and between "moral" and "legal" responsibilities...

      --
      In Soviet Washington the swamp drains you.
    3. Re:Easy there with the terms like "murder" by amRadioHed · · Score: 1

      Because it is far less reprehensible than murder. Far less even, than negligent homicide... Pharmaceutical companies are not blamed for people getting sick -- only for not providing medicines. "Crimes of omission" are almost always less reprehensible, than those actually committed. Is it really less reprehensible, or does it just lack that visceral feeling of wrongness because it's less personal. Say someone was sitting by your bedside with a pill that could save your life but wouldn't give it to you because you couldn't pay for it. That would be pretty reprehensible, wouldn't it? I would think so. So why is it not as bad for someone sitting in a board room to be doing the same thing to anonymous folks on the large scale?

      Just a thought. I know quite well big pharma needs to money, just like everyone else. Even so, there are plenty of things they do that I can't personally condone.

      Also by the way, in some jurisdictions there is such a things as Good Samaritan Laws which makes it illegal not to help someone when it is safe for you to do so. You're right they wouldn't be charged with murder, but they are legally responsible none the less.
      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
  64. re xrays by cheekyboy · · Score: 1

    Yeah , why $200 for an xray, when its free at the airport?

    So the machine cost $450,000 ... big deal. Its a cost input, doesnt mean you have to recoup the cost with in 12months.

    Why not buy in bulk then supply the whole country with 5000 machines.

    --
    Liberty freedom are no1, not dicks in suits.
  65. and you? by ThinWhiteDuke · · Score: 2, Insightful

    It's interesting that a hospital or Dr. can be sued for watching a patient die and not helping but [Mistlefoot (636417)] do this everyday with no repercussions.

    I wonder if this could be winnable in a US court.....probably not....

    Why isn't this murder? Watching someone die a slow painful death when you could keep them alive is certainly not something that this country claims is humane.


    What prevents you from drawing your checkbook and paying for the fucking drugs? How are you better than the big pharmas? They have developped drugs and made something possible : now ANYBODY (the patient, the govt, any charity, even you...) can buy the drugs for the patients. What have YOU done? You're blasting the big pharmas for not doing enough.

    You're such a hero. It's a pity the world is not 100% populated by your type. Nobody would do anything, but everybody would blame the others for not doing enough.

    It would be like heaven on earth, wouldn't it?

    --

    It would be nice to be sure of anything the way some people are of everything.
    1. Re:and you? by MrNaz · · Score: 1

      Pray you never have to watch a loved one die while the drugs that could save them sit on a shelf in a clinic you will never be able to afford to check into.

      --
      I hate printers.
    2. Re:and you? by b.burl · · Score: 1

      So, because the author isn't jesus christ that makes everything else ok? The questions are about the fundamental structure of the patent system, drug research and manufacture for profit, and marketing--all complicated and deeply rooted systems. Your post makes you look like a knee-jerk prick with the intelligence and wisdom of a FAS ditto-head.

    3. Re:and you? by Znork · · Score: 1

      "How are you better than the big pharmas?"

      Because he's not saying people should pay five times more than the development costs for their medicines. He's not the one saying it's more important to finance marketing than to have affordable medicines.

      The price of patented goods is not set according to free market principles. Revenue maximation for monopoly goods are set as a function of available capital.

      Guess what would happen if 'he paid for the fucking drugs'?

      The price would _rise_. Pay more money, the price goes up. Do you get it? With monopoly controlled goods you cannot _ever_ satisfy the demand side because revenue maximization means the price will _always_ rise until a certain subset cannot afford the product.

      The big pharmas are backing a system that will inherently leave some unable to pay. There are a multitude of alternative systems that would finance even more research than now while still lowering prices. This puts the pharmas squarely in the category of 'worse' in my book.

    4. Re:and you? by ThinWhiteDuke · · Score: 1

      Pray you never have to watch a loved one die while the drugs that could save them sit on a shelf in a clinic you will never be able to afford to check into.

      Thank you for the caring thought.
      Now, if that happened in spite of our prayers, who should I blame? The lab, the govt, myself, God?

      And since we're talking about grim scenarii, pray you never have to watch a loved one die while the drugs that could save them have not been developped yet. Who would you blame then?

      --

      It would be nice to be sure of anything the way some people are of everything.
    5. Re:and you? by passthecrackpipe · · Score: 3, Insightful

      You must be 12 years old. The world is populated by people who cant afford anything. The global distribution of wealth is so unequal, 10 percent of the population (mainly here in the "west") owns 85 percent of the worlds assets. So for pretty much 90 percent of the global population, any kind of advanced treatment is inaccessible. Moreover, even the very rich can be financially devastated through a medical issue in the family. I know a texan family myself - oil money - that were rendered broke due to the son of the family suffering a heart attack. He was brough back from the brink of death, massive braindamage, required an insane amount of money to keep alive, and when the money ran out, he died.

      Big Pharma is seriously fucked up - everywhere you look, there is evidence that they are not interested in curing disease, only treating symptoms - you make more money that way. everywhere you look, there is evidence they are not interested in making people better, only in making more money. Cancer, for example, is really not an interesting marketplace for big pharma, because most cancers are rather "personalised" - i.e. successful treatment depends on the genetic makeup of the sick individual, so pharma doesn't really look into that, they prefer blanket chemo because that has a higher return on investment.

      you are a dick, and you really have no idea what you are talking about.

      --
      People who think they know everything are a great annoyance to those of us who do.
    6. Re:and you? by MrNaz · · Score: 1
      Now, if that happened in spite of our prayers, who should I blame? The lab, the govt, myself, God?
      Try the entire broken system. I have no problem with people profiting from their inventions, but when that invention is really a patent on a flower that they discovered in the Amazon and their desired profit for it are considered to be worth more then the life of my parent, brother, friend or collegue, then I definitely have a problem. Your *moral* right to stop me from using your idea stops where my need to use your idea is the result of a life or death situation. However, I do not claim that legal rights have anything to do with morality at this stage in human history.
      And since we're talking about grim scenarii, pray you never have to watch a loved one die while the drugs that could save them have not been developped yet. Who would you blame then?
      I will skip the silly question and go straight to your implication: Humanity has been inventing things long before patents, corporations or indeed the very concept of profit was around.
      --
      I hate printers.
    7. Re:and you? by ThinWhiteDuke · · Score: 1

      You bring some valid points. I agree that the current system is far from perfect, even though it's not as bad as you say.

      Patents don't give a monopoly for curing a given disease, they give a monopoly on ONE way to cure the disease. If the "market" for a given pathology is large enough, it will incite competitors to develop alternative (better?) treatments. Mechanisms like government-backed insurance can ensure that a solvable market exists while guaranteeing "equal" health care for everyone.

      Developing a new drug costs around $1Bn and takes close to 10 years. Here, the patent system works as intended. By granting a limited monopoly on their drug, it rewards the innovators and incites others to do the same.

      I'm all for considering the "multitude of alternative systems" that you mention (not that you specify any), if they can correct the current system's drawbacks while still rewarding innovation.

      But saying, as my parent did, that drug companies are murderers if they don't give away their products is just useless posturing.

      --

      It would be nice to be sure of anything the way some people are of everything.
    8. Re:and you? by PeterHammer · · Score: 1

      If you allow patents on the genes that cause specific cancers then you do essentially allow patenting of any possible cure for the disease, short of the "nuclear" options - chemo and radio. You cannot even look into the possibility of studying agents against the cancer without incuring royalty payments because studying it would require the "licensing" of the IP from the patent holder.

      I don't disagree that patents that protect the real research that goes into developing drugs are a "good", but probably not the only, way to incentivate future research. But the patent laws need to be better at distinguishing ideas and knowledge from methods and objects. One outcome might be that it will start following the spirit of the patent law that should have prevented living things from the patent realm . Yeah, technically the breast cancer gene is not alive....but it would never really exist had it not been part of something living at some point.

    9. Re:and you? by Znork · · Score: 1

      "they give a monopoly on ONE way to cure the disease."

      Depending on the breadth of the patent. In the cases where there are multiple routes of attack, while there may be legitimate reasons (as per side effects, etc) to develop a multitude of alternate treatments, it is not necessarily the best way to spend R&D money to have fifteen ways to cure a particular popular disease rather than five good ways to cure that disease and five ways each for two others. As you mention (better?) in paranthesis I suppose you see that.

      "Developing a new drug costs around $1Bn and takes close to 10 years."

      Under the current market construct. A competetive market driven system would quite likely lower those costs by a large margin. Monopoly protection is incomparably good at creating huge costs (costs tend to rise to fill available capital); compare the costs of production and development in other protected sectors ranging from Soviet state factories through open source versus proprietary software.

      "not that you specify any"

      Ok, here's a few quick variations (with their own drawbacks) off the top of my head:

      Mandatory licensing. Any and all competitors may license a particular development at the same price (as company internal production), essentially separating R&D and marketing, administration and manufacturing into a separate competetive area.

      R&D recovery caps; patents are limited in recuperative amount to for example a minimum fixed sum or scale like 1.5-2 times R&D investment. After that they expire.

      Joint financed R as the insurance companies and/or other social financing systems are the ones paying five times the cost of the R&D for the medicines, they'd save huge amounts of money simply financing the R&D themselves and licensing the production to generics producers.

      Etc. You're free to invent even more systems; the trick is to concentrate on the purpose: to maximize efficiency and tie the rewards to the _R&D_, while not creating a protected economic sector.

      "that drug companies are murderers if they don't give away their products"

      It would be more appropriate for the WTO lobbyists and those pushing the current system. There's an overlap, and the pharmas are strongly tied to those lobbying efforts, but a blanket blame may be an oversimplification.

    10. Re:and you? by ThinWhiteDuke · · Score: 2, Insightful

      Humanity has been inventing things long before patents, corporations or indeed the very concept of profit was around.

      I respectfully disagree. I think the very concept of profit is as old as trade and possibly as old as property. Cavemen were jealously protecting the secret of fire against other tribes, as it gave them a competitive advantage.

      The rate of human discoveries has skyrocketed in recent times, while patents were increasingly used. Of course, correlation does not mean causation. Yet the case against patents is far from proven.

      I'm sorry if I sounded insensitive or exceedingly siding with big pharmas. I agree with most people that overly broad patents should not be granted. Patents on a gene for instance, or patents on a given organism (your Amazonian flower) with no indication of any specific application. But the /. discussion quickly turned into a general patent-bashing and big-pharma-bashing fest which culminated in my original parent saying that not giving drugs for free amounts to murder.

      Bringing a new drug to the market takes 10 years and $1Bn. Who's gonna take that kind of risk if they're not allowed to profit in case of success? Big pharma are evil if/when they stifle innovation. Not when they do their job : develop and SELL drugs.

      Why should everyone be allowed to make a profit : carmakers, airlines, software vendors, restaurants, pet grooming shops, stock brokers, insurance salesmen, TV evangelists... EXCEPT those who invent life-saving drugs?

      If you crave for a world where everyone can access the same drugs, regardless of their wealth, you can :
      1. lobby your government and fellow citizens so that a decent health care system is instituted;
      2. start a charity that focuses on providing drugs to the poor (or just give to such a charity);
      3. become a biochemist and start your own drug discovery company.

      I guess my position on this stuff can be summarized in 2 quick points:
      1. I don't think execs at big pharmas are more or less evil than in other industries.
      2. Careful what you do with the patent system, it's worked not so bad so far.

      --

      It would be nice to be sure of anything the way some people are of everything.
    11. Re:and you? by MrNaz · · Score: 0
      I respectfully disagree.

      I respectfully disagree :P The works of Leonardo Da Vinci, Louis Pasteur, Albert Einstein and all the middle eastern scholars were not conducted with any eye on the bottom line. Go ask Stephen Hawking if he'd want to receive money for the products his reasearch give rise to.

      Bringing a new drug to the market takes 10 years and $1Bn.

      This figure is an exaggerated figure that big pharma uses to justify the need to squeeze money out of the sick, poor and dying. They themselves will tell you that the vast majority of this is spent on advertising, an unnecessary expense, as the sick and dying do not need to be told about the benefits of health. It is only to ensure that the expensive name brand is chosen over cheaper generics.

      I would like to re-iterate that I have nothing against profits. Nor do I have specific answers to the problems with the current system. But where one man can be saved from death but is not because another man in a suit earning $1m per year plus bonuses says that he is too poor to pay, then it should be clear to all but the most callous that there is something rotten at the core of the whole western system. Nobody who can be saved should die. Period. If we as a society are unable to find a way to place an intrinsic value on the lives of our fellows, then we need to take a long, hard look at ourselves.

      We look down on all other social orders such as communism, non-secular religous systems and fascism, pointing fingers at all of their faults and injustices. What is unnecessary death in an advanced society, if not an injustice? What is it if not a flaw in the order of things? We're always going on about the supremacy of individual freedom and how the individual is paramount in our society. If that is the case, how can it be that monetary incentive is needed before that sanctity will be preserved? You can't even begin to compare research into car design with research into life saving drugs.

      1. Lobbying: I do. But I don't command the billions that pharma does, so no matter how many people protest, the gov't will listen to the campaign donators, not John Q Public. Witness the actions of the Australian Gov't when the entore population protested changes to labor law that favoured big business.
      2. Charity: Not possible for a charity to collect the funds required to conduct operations on a nationwide scale. It has to be a governmental initiative, or the philanthropic actions of a super-rich individual such as Bill Gates.
      3. Becoming a biochemist: The whole problem is that even if I came up with something, I'd not be able to ascertain if I am not infringing an existing patent. Not only that, big pharma has a sordid history of industrial subterfuge. Look at Pfizer's actions in Nigeria. Finally, how hard do you think it would be getting a drug past the FDA if you're a small company and Pfizer decided it wasn't in their interests for you to be aproved?

      Responsing to your points:

      1. Agreed. I'm saying pharma has a special position in society, and should have special rules ensuring higher degrees of moral conduct.
      2. What are you doing reading /. if you think this? :P
      --
      I hate printers.
    12. Re:and you? by Anonymous Coward · · Score: 0

      Uh, making a drug is a bit more complicated than grabbing an Amazon flower and eating it. The pharmas patent the chemical molecule that they _discovered_ within the Amazon flower that gives it its disease-treating capabilities. Identifying and purifying the molecule is a lot of work, especially when there are thousands of species of plants to test and billions of different molecules in each plant that may be the right one. They also have to mass produce the chemical, which is not so easy. Or did you think they grow the Amazon flowers in a greenhouse, grind them up, and stick them in a pill??

      Go read a book and learn something.

    13. Re:and you? by partenon · · Score: 2, Informative

      Perfect comment. It shows *why* capitalism is better than any other option. You worked, you win. But... :-)

      Here in Brazil, our government has broken the patents for some AIDS drugs, and started distributing it to people. The american big pharmas sued the brazilian government. And guess what? The big pharmas lose, "because global patent regulations stipulate a patent can be broken for the benefit of public health". So, while I agree entirely w/ you, I also support our government's initiative in this particular case, because its an extreme action for an extreme case.

      --
      ilex paraguariensis for all
    14. Re:and you? by MrNaz · · Score: 1

      . <-- My Point
      _O_
      | <-- You
      / \
      --
      I hate printers.
    15. Re:and you? by MrNaz · · Score: 1

      See, that's exactly what I am saying. I believe in market forces, but saving lives is _always_ an extreme case, not just in Brazil with regards to AIDS medication.

      --
      I hate printers.
    16. Re:and you? by Copid · · Score: 1
      Patents don't give a monopoly for curing a given disease, they give a monopoly on ONE way to cure the disease. If the "market" for a given pathology is large enough, it will incite competitors to develop alternative (better?) treatments.
      If it cost $X to discover the first (and possibly the easiest to discover) treatment, and doing it first gets you a 100% monopoly until somebody catches up, that $X is worthwhile. The next company has to spend $X (or possibly more) to join in and become a duopoly, which is likely worth significantly less. If I were a pharmaceutical company, I would spend my $X on another market entirely and try to become the dominant player instead of struggling upstream for table scraps.

      I generally agree with your overall premise, but I think that you're painting an idealized picture of how money is allotted for research.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    17. Re:and you? by Glyphn · · Score: 1
      Big pharma is interested in cancer and there is a lot of money to be made, and part of the reason is that barrier for entry with cancer therapeutics is much lower--for instance, cancer compounds can have all sorts of adverse side effects and liabilities that simply aren't tolerated for many other therapeutics. The personalization of cancers is not as large of an issue as you make it to be, although this is changing as our understanding of cancer prognosis, stratification, and therapy prediction increases (e.g. as with breast cancer, HER2 and EGFR).

      As far as interest in curing vs. preventing diseases, pharmas are companies and they are interested in returning a profit to their investors--if they can make it by curing a disease, so be it. But you are right in that there is a lot of money to be made when a disease has to be treated as a chronic condition.

      That said, nothing prevents you or your respective government from investing in medical research that might be viewed as less lucrative to a traditional pharma--so why it has to always be portrayed as "us against those selfish bastards" instead of "us alongside the selfish bastards" baffles me.

      (disclaimer: I work in the research industry for big pharma)

    18. Re:and you? by FallLine · · Score: 2, Insightful
      You must be 12 years old. The world is populated by people who cant afford anything. The global distribution of wealth is so unequal, 10 percent of the population (mainly here in the "west") owns 85 percent of the worlds assets. So for pretty much 90 percent of the global population, any kind of advanced treatment is inaccessible. Moreover, even the very rich can be financially devastated through a medical issue in the family. I know a texan family myself - oil money - that were rendered broke due to the son of the family suffering a heart attack. He was brough back from the brink of death, massive braindamage, required an insane amount of money to keep alive, and when the money ran out, he died.
      And yet somehow we (and most of the world) have been living longer and healthier lives. Most of this country *IS* that 10% and enjoys the benefits of the medical technology that has been developed.

      Big Pharma is seriously fucked up - everywhere you look, there is evidence that they are not interested in curing disease, only treating symptoms - you make more money that way. everywhere you look, there is evidence they are not interested in making people better, only in making more money.
      What is this evidence, pray tell? There is much evidence to the contrary and solid economic and financial theory to show the flaw in this kind of lazy thinking.

      Cancer, for example, is really not an interesting marketplace for big pharma, because most cancers are rather "personalised" - i.e. successful treatment depends on the genetic makeup of the sick individual, so pharma doesn't really look into that, they prefer blanket chemo because that has a higher return on investment.
      WTF? Even a perfect charity can't design and obtain approval today for a drug that is only applicable to one person or a very narrow range of people. It's simply not economically viable -- it would make the cost of even the most expensive prescriptions look downright dirt cheap. Even if it were feasible with some huge technological leaps, it's pretty much impossible to obtain regulatory approval with this kind of heavily tailored drug (it requires a COMPLETELY different method of testing).

      Even if one accepts your belief that most of their energies are spent on useless medicines (e.g., "penis pills"), why is the onus on them, any more than it is on YOU, to develop "cures"? If they renamed themselves to "impotency drug companies" or simply entered, say, the software business would they be less culpable? Why do you believe they're mututally exclusive? Why can't for-profit companies do things for-profit while, at the same time, allowing do-gooders to do good in markets that they simply don't operate in? And, how, pray-tell, do the drug companies have so much power over the life of your friend if they're merely "treating symptoms"?

      you are a dick, and you really have no idea what you are talking about.
      I am not the person you are responding to. However, I do know of what I speak. I worked for years in the medical devices business; I'm an entrepreneur; I've worked closely with the drug industry; and I'm involved with the business of actually funding bio-tech startups (and, fyi, "they" actually are interested in cures)...to name a few of my qualifications. Your pie in the sky ideas do not match with the scientific, regulatory, and basic financial hurdles involved with developing drugs.
    19. Re:and you? by fngl51 · · Score: 1

      But the patent laws need to be better at distinguishing ideas and knowledge from methods and objects. Ideas are not patentable. Neither are genes, unless they can be tied to a particular product or application with utility.
    20. Re:and you? by sjames · · Score: 1

      And yet somehow we (and most of the world) have been living longer and healthier lives. Most of this country *IS* that 10% and enjoys the benefits of the medical technology that has been developed.

      Most of that improvement can be attributed to much more mundane advances in sanitation and agriculture, mechanization replacing humans in dangerous jobs, food quality regulations, and refrigeration.

      That's not to say that medical technology hasn't contributed. It would be a much more significant contribution if more people could actually afford it.

    21. Re:and you? by FallLine · · Score: 1
      Most of that improvement can be attributed to much more mundane advances in sanitation and agriculture, mechanization replacing humans in dangerous jobs, food quality regulations, and refrigeration.
      All of these advances have had a huge impact on life span (many of these thanks to patents), but not so much when you look at the past 50 years. There's no question that medical advances have led to people living several years longer. For instance, someone at 65 years of age could expect to live 14.3 more years on average in 1960, but now expects to live a full 4 years longer (18.4 as of 2003). Look at treatments for diabetes, AIDS, malaria, various cancers, Hepatitis B, heart problems.... not to mention numerous important cardiovascular drugs, antihistamines, NSIADs, improved screening, MRIs, etc.

      It would be a much more significant contribution if more people could actually afford it.
      All things being equal, sure there would be some improvement. However, most of this country does have some form of insurance and can afford most of the drugs they need. The trouble is that there isn't a magic bullet to allow medical technology firms to collect sufficient revenue (to cover their costs & provide sufficient profits to encourage investment) while allowing everyone painless access to all drugs under the sun.

      Also, you should note that in the context of patents, most drugs only have ~10 years of patent protection after they get approval (not to mention that there is often a long ramp up period for sales)... In other words, the only drugs companies enjoy real market powers on are significantly less than 10 years old on average. It doesn't seem terribly consistent to me to argue that drug companies are costing lives by being greedy with their patented meds while at the same time suggesting that not much has happened in the past 10 years.

      If you want to limit your criticisms to AIDS and other 3rd world diseases, well that is a slightly different complaint...(and has other issues involved, like their ability to even pay for the drugs at their marginal cost)
    22. Re:and you? by sjames · · Score: 1

      It doesn't seem terribly consistent to me to argue that drug companies are costing lives by being greedy with their patented meds while at the same time suggesting that not much has happened in the past 10 years.

      I argue that exactly because of those patents and greed, the last 10 years worth of medical research hasn't had anywhere near the impact that it could have.

      There's nothing like an extreme example! Let's say I develop a pill that can magiclly cure AIDS and any cancer AND adds 50 years to the patient's lifespan all with just one dose. Sale price $1,000,000,000 per dose. Total effect on average lifespan would be zero since the average patient couldn't afford it even given 50 years to pay for it.

      You don't have to go to the 3rd world to find people dying for the lack of a modern drug, many seniors in the U.S. routinely skip prescribed medications or take half doses due to inability to afford their prescription. Others in the same financial boat are able to smuggle their prescriptions across the border from Canada.

    23. Re:and you? by FallLine · · Score: 1

      I argue that exactly because of those patents and greed, the last 10 years worth of medical research hasn't had anywhere near the impact that it could have.

      You argue this without the least bit of understanding of the science and financial realities behind drug development and you ignore the empirical evidence of many successful drugs being developed on patent (and the near absolute lack innovation in countries which don't). The business would simply collapse without patents.

      You may also want to consider some empirical studies like this:

      http://papers.ssrn.com/sol3/papers.cfm?abstract_id =932989

      It compares EU price controls and their effects on R&D spending vs that of the US.

      There's nothing like an extreme example! Let's say I develop a pill that can magiclly cure AIDS and any cancer AND adds 50 years to the patient's lifespan all with just one dose. Sale price $1,000,000,000 per dose. Total effect on average lifespan would be zero since the average patient couldn't afford it even given 50 years to pay for it.

      That is an absurd hypothetical. What if every farmer decided to charge 1 billion dollars per ounce of crop? People would starve! Should be eliminate the free market? Of course not. This would not be profit maximizing activity and ignores the fact that drugs are, in fact, quite affordable relative to the overall costs of development.

      You don't have to go to the 3rd world to find people dying for the lack of a modern drug, many seniors in the U.S. routinely skip prescribed medications or take half doses due to inability to afford their prescription.

      And yet our seniors are living longer and healthier lives than ever before despite the growth of diabetes (a major epidemic) and obesity. I'm not saying that things are perfect here, far from it, but that the consequences of government price regulation and/or eviscerating patents would be far more severe over the long term than any short term benefits that we might gain.

      Others in the same financial boat are able to smuggle their prescriptions across the border from Canada.

      Just because Canada and a select number of other countries institute price controls and enjoy a free ride does not mean that major markets like the US can do this without having a severe negative impact on the development of new drugs worldwide (and moreso locally).

      Also a large amount of this behavior owes to ignorance of the part of the buyer. Canada forces the brand name drug companies to drop their prices on drugs closer to that of their generic equivalents so that the branded product is priced significantly less in Canada. Many of these buyers do not realize that most of their medications can be purchased from non-branded generics for less than the branded product in Canada (and more often than not even their generics) and that in the vast majority of cases generics are a perfectly acceptable substitute (in some rare cases the formulation isn't consistent and it can make a difference...though doctors will usually indicate this). If you compare the prices of drugs still on patent the difference are appreciably smaller.

      In case you don't believe me...

      The idea that there is a ton of money to be saved by stripping drug companies of their excess profits is very much flawed. The average profit margin of the drug companies is around 25% (and significantly lower if you look at it over time). This means that you're unlikely to achieve much more than a 25% reduction in average prices on overtime without stripping them of their budgets for R&D and other critical areas that are necessary to sustain the business (yes, even marketing and sales) even if you are to assume that profits are irre

    24. Re:and you? by sjames · · Score: 1

      That is an absurd hypothetical. What if every farmer decided to charge 1 billion dollars per ounce of crop? People would starve! Should be eliminate the free market? Of course not. This would not be profit maximizing activity and ignores the fact that drugs are, in fact, quite affordable relative to the overall costs of development.

      Farmers CAN'T decide to charge 1 billion/oz exactly because they don't have a monopoly (natural or granted) on food crops. If the farmers decided to try that, people would dig up their yards and plant crops.

      Please understand, I don't advocate stripping pharmaceutical companies of all profit or giving them nothing for their R & D efforts. I only state that the current patent system is not an appropriate solution.

      A good starter would be greater public investment in R & D.

      As for advertising, if a drug REALLY saves lives or vastly improves quality of life in a way that no other drug does, they don't NEED advertising beyond publishing the study that demonstrates it's effectiveness.

      Regulatory changes would be helpful as well. Particularly in cases of potentially lifesaving drugs, I would suggest a regulatory approval standard be proven safety and evidence suggestive of efficacy rather that proven safety and efficacy. A second level (perhaps necessary for continued marketing) would be proven efficacy within a given time period after marketing.

      In cases where a new drug would be a patient's only hope against a terminal illness, even the safety studies could be fast tracked.

      One interesting idea would be that the second approval level would include proving that it is significantly MORE effective than unpatentable alternatives OR that it is AS effective with significantly fewer side effects.

      Just because Canada and a select number of other countries institute price controls and enjoy a free ride does not mean that major markets like the US can do this without having a severe negative impact on the development of new drugs worldwide (and moreso locally).

      You ignore the fact that Canada cannot COMPEL a U.S. company to sell it's product in Canada at ALL. It must remain profitable to do so or they wouldn't do it. Canada's actions WRT non-Canadian drug companies amounts to nothing more than a really big buyer's club with perfect solidarity. It's noteworthy that in other countries, the same companies voluntarily sell for a much lower price than in the U.S. because they find it to be more profitable than making no sales at all there (due to nobody being able to afford it).

      We COULD use market forces to reduce the price by simply shutting down medicare and medicaid entirely, but the human costs of the market at work would be horrible.

      Food for thought, In some ways, our regulatory system is quite permissive. I regularly see commercials for products that are extremely unlikely to provide risk/benefit better than the alternative generic treatment. For example, the various systemic treatments for local problems where topical treatments exist already. While even a topical treatment will have some systemic load due to absorption, surely the systemic load of the effective topical treatment is lower (and so very likely safer). In other cases, we see endless 'shotgun' advertising for problems only a very small percentage of the audience will have. The fact that they aren't forced by profit considerations to use more affordable tightly targeted advertising tells us something.

    25. Re:and you? by FallLine · · Score: 1

      Farmers CAN'T decide to charge 1 billion/oz exactly because they don't have a monopoly (natural or granted) on food crops. If the farmers decided to try that, people would dig up their yards and plant crops.

      ROFL!! Have you ever talked to anyone that has even tried to farm for a living (not as a hobby)? There is a reason why the small family owned farm is practically extinct today. It takes a lot of skill, know how, equipment, fertilizer, irrigation, etc to make farming work -- nevermind to have it work with the level of efficiency that most people in the US take for granted these days or that existing agriculture occupies most of the most suitable land today. Do you really think a handful of people are going to produce enough food for 300m+ of our population in several years (never mind several weeks)? LOL

      Please understand, I don't advocate stripping pharmaceutical companies of all profit or giving them nothing for their R & D efforts.

      What, pray tell, is the "proper" amount of profit for a drug company to make?

      I only state that the current patent system is not an appropriate solution.

      And my grandfather only states that compilers are wholly inappropriate because of all the bugs found in software today. Having an unresearched and unsupported opinion hardly makes you qualified to promulgate law.

      A good starter would be greater public investment in R&D.

      I'm all for more fundamental research, but this would have almost no impact on the price of drugs as the government does not engage in this kind of applied R&D. Furthermore, if your contention is that the government can and should do this well and that the drug companies are wasting their money of frivilous drugs, then why not allow both to do their own thing independent of each other?

      As for advertising, if a drug REALLY saves lives or vastly improves quality of life in a way that no other drug does, they don't NEED advertising beyond publishing the study that demonstrates it's effectiveness.

      Nonsense.

      Firstly, the concept that patients will beat their way to your door or that doctors will prescribe your drug just because you publish evidence in a Journal that your drug statistically saves lives is simply wrong. For instance, it is widely known by cardiovascular experts today that statins have been way under-prescribed. There have been numerous studies that have shown that roughly 1/3 of heart attacks would be prevented if statins were prescribed to high-risk patients alone. This despite the fact that statins were introduced well over 18 years ago for precisely this purpose. The number of high risk patients on statins was just 9% in 1992 (several years after their introduction) and just 19% in 2002. Even after a year after additional studies were performed (e.g., "Adult Treatment Panel III") just 50% of said patients were on the statins. Read it. Virtually every industry advertises especially those with something new to sell and those with very high fixed costs and relatively low marginal costs.

      Secondly, you neglect the fact that many doctors today, in particular GPs, are seriously time constrained and are overworked. They do not have the time to read every journal in detail and read enough of the literature to feel comfortable prescribing many new drugs--especially when it comes to comparing it to the alternatives. This is why drug sales reps come around to doctors offices with the latest and most relevant study data, pamphlets for patients, and free samples makes a world of difference. Furthermore, some sales reps are often directly involved with both doctor and patient training and education. Insulin pumps, for instance (a business which I'm intimately fam

  66. No Nobel prize for Joseph Stiglitz by elander · · Score: 2, Informative

    There is'nt, never has been, and never will be a Nobel prize in economics.

    The award he was presented with was "The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel". It was established in 1968, and not intended to celebrate the memory of Alfred Nobel as the name suggests, but the three hundredth birhtday of the Swedish central bank.

    Alfred Nobel only mentions prizes in five categories in his last will and testament: "Literature", "Physiologi or Medicin", "Physics", "Chemistry" and "Champions of peace", and these real Nobel prizes have been awarded since 1901.

    An excerpt from the testament

    --
    /elander
  67. Exaggeration is a common mistake... by Anonymous Coward · · Score: 0

    ...made by ridiculous people. The US is, in my opinion, in big trouble. We do have a problem with an irrational electorate voting for corrupt officials, and an apathetic public response to that corruption.

    The Bush administration is, by its actions, harassing and attempting to silence critics in the press, and through intermediaries, supressing political activity they oppose. Both parties are beholden to large corporations, whose interests are at odds with the the public interest. Corrupt officials often try to rig the game, and sometimes they succeed, like in Florida.

    However, we are also a nation of laws. When the White House tries to silence critics, the critics take them to court, and win, sometimes. Sometimes, politicians make serious mistakes, or are challenged by seemingly better candidates, and are voted out of office.

    It's a slow, flawed process. But it's stable, and broadly responsive to the will of the people. The slow grind of law and politics tends to prevent violent overthrow of the country (like those lynch mobs you mentioned), and allow, over time, for ever greater freedoms to be won for minorities despite an essentially conservative and bigoted majority.

    If you want to rise up and kill your politicians, I suggest moving to Iraq.

  68. That may change by WindBourne · · Score: 2, Informative
    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:That may change by LunaticTippy · · Score: 1

      I'd expect any corporate-owned newspaper to be against limiting the influence of corporations on government.

      --
      Man, you really need that seminar!
  69. Patent reform is simply not going to happen ... by constantnormal · · Score: 1

    ... because our government runs by the Golden Rule (i.e., "Those that have the gold make the rules").

    The reason that government appropriation of property is on the upswing, is that it is being taken from individual citizens and handed to corporations, corporations having become a class of privileged entities over and above mere individuals. For this to be reversed to allow individuals to appropriate assets of corporations, even for the "greater public good", goes against the Golden Rule -- and thus, is simply never going to happen.

    Since the time that the USPTO was founded, there has been a crush of funds motivating the legislators making small (and not-so-small) changes in the laws governing patents, with the intent of making patent law an instrument of wealth hoarding instead of an instrument to protect innovators from established interests.

    The established interests now run the game, and all the wailing of the masses is not about to change that.

  70. Americans, drug companies and the world by Anonymous Coward · · Score: 0

    During my stay in the US, teaching at a respected US university, trying to make people understand that $ 12,500 for an AIDS cure was a death sentence for many patients was a nearly hopeless task.
    First,most of my student and of senior faculty thought that property right = property, which is factually, not only ethically, wrong.
    Second, most of them thought that drug companies invested a lot in research (again, wrong, all they do is contribute to some university research, but not as much as they would have us believe).
    Third, they thought that property was holier than life, which is the basis of the peculiar US notion that you can shoot a thief as soon as he has one inch inside your property (in Europe, this would be manslaughter, in fact, and the happy trigger pusher would end up behind bars).
    Sad, isn't it? No, am not trolling, nor thinking Europe is better.
    Am just so bloody glad we have the Atlantic ocean between us!

    1. Re:Americans, drug companies and the world by fngl51 · · Score: 1

      During my stay in the US, teaching at a respected US university, trying to make people understand that $ 12,500 for an AIDS cure was a death sentence for many patients was a nearly hopeless task.
      So, why is it that this discussion hasn't focused on the issue of prevention. The spread of AIDS in Africa, the Indian subcontinent and southeast Asia is largely the result of unprotected sex. Why is it that public health measures (e.g. use of condoms) is more actively promoted? Why is it that some of the govenments of these countries actually promote misinformation?
      First,most of my student and of senior faculty thought that property right = property, which is factually, not only ethically, wrong.
      Property rights vary from on country to the next- however, the rights for the owner of property (real or itellectual) to do with the property as they see fit, within the scope of local, national, and international law are transferred along with the property. What is unethical about that?
      Second, most of them thought that drug companies invested a lot in research (again, wrong, all they do is contribute to some university research, but not as much as they would have us believe).
      This is total rubbish, and typical of the naieve thinking of a junior level academic who has never worked in the private sector. The amount of spending on research by any public company is disclosed in their SEC filings and dwarfs what is spent by the NIH. Third, they thought that property was holier than life, which is the basis of the peculiar US notion that you can shoot a thief as soon as he has one inch inside your property (in Europe, this would be manslaughter, in fact, and the happy trigger pusher would end up behind bars).
      Sad, isn't it? No, am not trolling, nor thinking Europe is better.
      Am just so bloody glad we have the Atlantic ocean between us!
      Obviously, you never acquired any property real or intellectual) while here. Otherwise, you would have a much better understanding of how US law actually works. Too bad your stay didn't enrich you better.
    2. Re:Americans, drug companies and the world by TigerOC · · Score: 1

      During my stay in the US, teaching at a respected US university, trying to make people understand that $ 12,500 for an AIDS cure was a death sentence for many patients was a nearly hopeless task. So, why is it that this discussion hasn't focused on the issue of prevention. The spread of AIDS in Africa, the Indian subcontinent and southeast Asia is largely the result of unprotected sex. Why is it that public health measures (e.g. use of condoms) is more actively promoted? Why is it that some of the govenments of these countries actually promote misinformation? I can only give a background to the Africa situation. In South Africa itself neither the current President nor the current Minster of Health believe that HIV/AIDS is real. The same situation applied in Zimbabwe. These political leaders have always believed that this disease is scare tactic being used by the West to inhibit their population growth. Unless you have lived in Africa this is difficult to comprehend but is a legacy of colonialism.

      Many different approaches have been used to educate the population about the dangers of HIV and condoms are distributed freely but are not used. The governments of the of Southern and Central Africa do not publish statistics and no deaths are ever attributed directly to AIDS. So if a person who has AIDS and contracts TB and dies then the death is attributed to TB. Officially there are no AIDS deaths. Realistically this could be one of the greatest human disasters in history with some 30 - 40 million people in the region dying in the next 20 years.

    3. Re:Americans, drug companies and the world by fngl51 · · Score: 1

      Finally, some reasoned discussion.

      The problem is much deeper than most of the discussants on this board realize. In reality the situation regarding health care in general is not one that has an easy solution, especially with regard to pharmaceuticals. Perhaps that is because the majority of folks who participate in these discussions are enamored with the "sound of their own voices". This is always dangerous.

      Good luck to you in your career, where ever it takes you.

  71. Simple challenge for the patent, really by MadRat · · Score: 1

    All they have to do is prove the sequence does what they say it does. RNA science is likely to prove their assertions to be all wrong in the end. And since they cannot say beyond a reasonable doubt the sequence is a cause of cancer, then the patent is useless for all intents and purposes. Patenting RNA by doctors is the real danger in the future.

  72. from the dept. by Anonymous Coward · · Score: 0
    from the corporate-bottom-line-is-red dept.


    Shouldn't that read: "from the corporate-hands-are-red dept."?
  73. Patenting Tumeric? by paladinwannabe2 · · Score: 1

    But if you could patent using tumeric for treating disease isn't that insane? Especially if it has been done for hundreds of years?

    --
    You are reading a copy of my copyrighted post.
  74. TRIPS and WTO by apol · · Score: 1

    TFA speaks about an aspect of the support of patents that is often neglected by the /. commentators: the importance of the patents to the US commercial balance.

    For me this is the number 1 reason for the existence of an inflated patent system in US, a country which has billions of dollars of yearly benefits from it and which desperately tries to enforce it to the rest of the world (in particular to the European Union and the WTO).

    For me anyone trying the understand the behinds-the-scene of the discussion on patents should try to get a good understanding of the importance of the TRIPS to global trade and why it was a major negotiation issue in the Uruguay Round.

  75. you don't need medicine....OffTopic by TheCybernator · · Score: 1
  76. A Dancing Problem by Rie+Beam · · Score: 1

    Rewards and prizes are great and grand, but can we seriously expect to match the amount spent in development, not to mention provide some sort of profit? They spend years developing these drugs and only manage to pull through through the sales thereof. If a drug fails, like torcetrapib just did for Pfizer, who is willing to step up and compensate the company for a billion or so odd dollars? If people really want to solve this problem, they need to either be willing to take on the burden of having to regularly pay medical research taxes, or is more likely, accept that patents can be worked around for cases where the drug is hard to afford, either by forcing the companies to offer huge discounts to those under a certain income level, or offer up tax money to those who buy the drugs, not sell them, so that they can purchase what they need without deciding against food, shelter, or drugs.

    Until a system comes into place where compensation for drug development can be made through generics, in a market where the ultimate idea is to not have anyone have to use your product (ideally), or until a magical "third option" comes along outside of capitalist or governmental compensation, patents are an ugly, necessary evil. The best solution, again, would be to prop up those in the lower income bracket with drug money, or better yet, buy the drugs en masse and distribute them. I'm sure something along the lines is going on right now in parts of Africa and maybe the occasional clinic, so why not simply add more funding to this system to compensate while eyeballing the companies to ensure that no one company is getting fat off a drug monopoly?

  77. Euro Dollar convertion mistake by perenaurel · · Score: 1

    It's funny to see that a nobel prize in economics is messing up an euro dollar conversion. From TFA:
    AIDS drugs might cost $130 (£65; euro 170)
    euro130 is $170 not the opposite: http://fr.finance.yahoo.com/currency/convert?from= EUR&to=USD&amt=130
    I hope it's the editor mistake...

  78. America the land of the calloused by Anonymous Coward · · Score: 0

    Perhaps this has something to do with the majority of American males being circumcised, being cirmcumcised makes men more callous and less empathic.

    1. Re:America the land of the calloused by Anonymous Coward · · Score: 0
      Well given no score and no replies I guess I should say more. Obviously I am uncircumcised and have noticed a curious phenomena. When I go for a pee I pull the foreskin back a little, to facilitate the process of aiming, sometimes because I suffer a little from amnesia, I forget to replace the cover to the end of my penis. The weird thing is, my memory comes soon comes back very fast, it feels very uncomfortable having the end of my penis rubbing against my underwear. So I reach into my trousers and replace the cover to this most sensitive part of my anatomy.

      Okay you can give local anasthesia, whilst carrying out this form of child abuse, but what you cannot do is stop the pain to the little boy after this act of mutilation is carried out.

      So why do it?

      Easy, it teaches the victim to ignore pain, ignoring pain from yourself teaches you to ignore pain from anyone else apart from your family, starting with your mother who created you and is obviously God.

      So come on all you uncircumcised barbarians, either vote for me, reply to me, or go fuck yourself :)

      Happy New Year.

      ps if any one wonders why have written this as an anonymous coward, please reply and I will answer.

    2. Re:America the land of the calloused by Anonymous Coward · · Score: 0

      Why the fuck do I bother when there is lots of heroin to teach our children that pain is not information.

  79. Rubbish from the il-informed by FallLine · · Score: 1

    FTA:|The chief executive of Novartis, a drug company with a history of social responsibility, said "We have no model which would [meet] the need for new drugs in a sustainable way ... You can't expect for-profit organizations to do this on a large scale."| I haven't looked at the cost to bring a drug to market (from discovery to preclinical work through to NDA filing) recently, but last I saw it was in the region of $800 million US. Most big pharmas are tweaking the winning compounds they already have rather than pushing riskier candidates through the later stages towards approval. If you can play with the other enantiomer of your already approved product rather than mess with a new molecule, you do that first, assuming you own the rights :) Most of the big pharmas do R&D and spend enormous sums, but the biotechs and biopharmas still do the work on the less favored sons, hoping for a wedding or at least an invite, but as the man from Novartis indicates, it's a business fraught with peril, not many compounds make it through the regulatory authorities like the FDA, EMEA, etc. Pfizer and Lilly and the others do their due diligence and throw seed money at the little guys along with venture capitalists, but sustainability is a big ask when the percentage of compounds receiving approval is as low as it is.

    I'm sorry but you are distorting the words of the Novartis CEO whether or not you know it. Please read the article. He was specifically referring to the production of cheap drugs for the 3rd world. More specifically, Novartis was pointing out that government and NGO organizations had failed to meet their commitment to purchase enough of Novartis' anti-maleria medication such that it could be produced at economically sustainable levels (Novartis had to subsidize production by 10m/year -- ignoring R&D costs). If anything, this illustrates some of the pitfalls of these centrally planned & non-capitalistic models of drug development (while they may be a necessary evil for drugs which only have 3rd world markets, like malaria,... it does not mean that they are actually effective)

    As for your blathering on line-extensions and what not... your reasoning and facts are flawed. Yes, drug companies prefer easy money to hard money, all things being equal (like everyone). However, your belief is based on the flawed premises. First, line-extensions are low-hanging fruit. They are very cheap to develop and market when compared to finding, developing, and proving the clinical efficacy of wholly new drugs. Second, the revenues of line-extensions are much smaller (like 75% smaller) and they tend to only last a limited amount of time. Many consumers know that their original compound is often as good, don't have the funds to pay extra, and HMOs/insurers/socialized medicine and other entities put a lot of pricing pressure on them (if they pay for the extension at all). Third, the line-extensions really only make financial sense with more popular drugs. Fourth, they tend to earn positive returns in a fairly short amount of time. In other words, your belief that drug companies dump most of their available funds into isn't even logical given the facts. They devote a small percentage of their available capital to line-extensions. However, while this may divert some capital in the short-run, it generates profitable positive returns in a few short years which are inevitably plowed back into serious R&D.

    * * * *

    Novartis chief in warning on cheap drugs
    By Andrew Jack in London

    Published: September 29 2006 22:04 | Last updated: September 29 2006 22:04

    Novartis, the Swiss pharmaceutical group, warned on Friday there was no economically sustainable system that could provide low-cost innovative medicines to the developing world.

    Daniel Vasella, the company's chief executive, unve

  80. Pharmaceutical companies are parasites by TigerOC · · Score: 3, Interesting

    I was in this industry for 25 years and my father for 25 years before me. I practised in Southern Africa during this period and was an elected representative on the national body of the Pharmaceutical Society of South Africa (PSSA). I can speak on the subject with some authority because I know the background of what it is like for 3rd World economies. Pharmaceutical Companies (PC's) apply differential pricing depending on where they are operating. eg identical medicines are 14% more expensive in the USA than they are in Europe. The major PC's are all in the top 20% of the top 100 listings on the stock exchanges of the world. They give returns of twice as much as their comparative listed companies. Most provide annual returns of over 20% compared to their non-pharmaceutical rivals 10%. An example of the type of tactics they use their patents for could be seen a few years ago in South Africa. The South African pharmaceutical market is divided into 2 categories - State and private sector. The state buys all their medicine on tender. In order to obtain tenders the companies supply at stupid prices and then load the loss on the private sector. Examples shown indicated that some medicines were 1000% more expensive than the tender price. This process led to enormous pressure in the private sector. Over a period of 20 years (1980 - 2000) the component of medicine spend in the total health spend rose from 15% to 34%. The PSSA advocated the importation of pharmaceuticals from the EU or India where they some 30% and 100% cheaper respectively. The Dept of Health formalised this in amendments to the regulations in 2000. They even inspected factories in India and licenced them for supply to South Africa. The Pharmaceutical Industry immediately drew the attention of the Government to their patent rights. The US State Dept was called in to assist. I was a speaker on a panel discussing this legislation in 1998 and seated next to me was this representative from the US Embassy. The threat was made at this discussion that should this legislation be invoked South Afica would be transgressing International Patent Law and the US government would advocate their exclusion from international trade rights. The PC's do not provide anything to their host countries except employment. They utilise a system of transfer pricing for their production. How this works is that the local company calculates the production volumes of a given medicine and the local cost of production. Their parent company then calculates the profit they wish to make and this then becomes the retail price. The local company is then sold the production materials from the parent company. The invoice value is the retail price less the production cost. This in real terms that that they are effectively making no profit in the country of production and therefore pay no tax. This is technically illegal in most countries but is almost impossible to provce since they hold the patent rights on the product and no one can prove the real cost of the product. The last point is that there is very little original research going on currently. Most "new" medicines are computer modelled clones of existing molecules. Research is going on in many State funded institutions and the PC's often buy the intellectual rights or are involved in providing some funding of this research. The issue of the relationship between what they spend R&D and marketing is raised because whenever they are questioned about the high prices they are charging they always point to how much they have to spend on R&D. The other interesting facet about their pricing is how much they charge for "cosmetic" medicine eg treatments for acne or fertility agents. This is a wicked industry and they have great plans and will strangle health care globally.

    1. Re:Pharmaceutical companies are parasites by Anonymous Coward · · Score: 0

      It is sad that you do not know what a paragraph is, or probably a forskin.

    2. Re:Pharmaceutical companies are parasites by TigerOC · · Score: 1

      It is sad that you do not know what a paragraph is.. I had paragraphs but did not realise that one has to html format unlike other sites. First time posting here!

      ....... or probably a forskin. and is there any need to be so crude or rude?
    3. Re:Pharmaceutical companies are parasites by strikethree · · Score: 1

      That was a fascinating post. It was very difficult to read without the use of paragraphs though.

      strike

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  81. I don't see why ..... by ajs318 · · Score: 1

    Patents are a monopoly granted by governments, right? And the Government of a Sovereign state has absolute jurisdiction within her own borders. So I don't see why the governments of those countries which would have most to gain if it wasn't for such patents, don't simply declare the patents on life-saving drugs invalid, and have done with it.

    Seriously, what's the big obstacle? The USA might not like it; but if it's perfectly legal to manufacture drugs in some other country without paying royalties to anyone, it's none of the USA's business.

    --
    Je fume. Tu fumes. Nous fûmes!
  82. Re:So now you know by hibiki_r · · Score: 1

    You must live in the Bay Area.

    In most of the midwest, over 80% of the large states were created at least a couple of generations ago. That's why it's so hard to get funding around here: People that have inherited their fortunes are more risk averse than those that actually made the money, so they tend to be uninterested in putting money into startups. Every entrepeneuring teacher could tell you that.

    The fact is, your average kids status has a pretty high correlation to their parents and grandparents. Much more so than it was in the 80s. In some european countries, the trends are even more steep, mainly due to the strength of traditional investments and the changes in the way large estates are getting taxed.

    Go read on properly sampled statistics, as opposed to relying on personal experience when dealing with national and global affairs. Start by searching "intergenerational social mobility".

  83. Re:So now you know by Reality+Master+101 · · Score: 1

    You must live in the Bay Area.

    Actually, I don't, though I live in a suburb of Los Angeles. I was actually thinking of mentioning that. I didn't make money from a dot-bomb or any sort of "right place, right time" lucky streak. I didn't even use venture capital (in fact, the one time I used venture capital, it was a $20M+ disaster. NEVER again.) I simply made the decision when I was relatively young to be an entrepreneur.

    Most people simply are uncomfortable with risk. They'd rather work for someone else and get the relatively guaranteed paycheck. And you know what? That's OK -- it's a good lifestyle. But it irritates me when they assume that people who make different choices must have stolen it or gotten lucky.

    --
    Sometimes it's best to just let stupid people be stupid.
  84. Which country are you writing from? by Infonaut · · Score: 1

    That you don't lynch-mob government officials that engage in gerrymandering is proof enough that you don't even care if your elections are even remotely representative.

    I'm an American, and I'm not at all happy with the direction our country has been moving over the last several years. But America is also an easy target for criticism because of its huge footprint. The mistakes we make have more of an impact on people in other countries, but that doesn't mean we're alone in making mistakes. It does get tiresome reading rants about America when you don't know where the ranters are from. A simple preface like, "Here in the UK, where things are just peachy..." would be nice once in a while.

    Bashing America is ludicrously easy, but it's not the height of integrity to take shots at Americans without at least revealing your own country of origin.

    As an aside, perhaps you also underestimate the ability of the American system of government to right itself without resort to violence. You seem to think it would be reasonable to resort to the lynch mob, but I've seen the aftermath of a civil war up close. I prefer the pen to the sword.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Which country are you writing from? by Mark_MF-WN · · Score: 1

      How about "here in Canada, things are comparitively peachy"? None of our recent governments were appointed by judges. Gerrymandering and other trickery is minimized by having an impartial, non-partisan election group that can be independently overseen by anyone and everyone (who is honestly stupid enough to let the current administration decide who gets to vote and how?!). We've had significant campaign finance reform to reduce the effect of lobbying. It's not too shabby at all.

      Bashing America is not only ludicrously easy, but it's completely appropriate -- this is a nation that bills itself as "the home of the free", the greatest nation on Earth, the land of opportunity. Big words for a nation that locks up reporters and runs prison camps where people don't get trials and are tortured into giving false confessions. Where a majority of the population is still pissed off that executing the mentally retarded was banned, but are pleased that executing children is still fair game. Where the government will happily block the purchase of a sports franchise if the buyer's politics are too dissimilar from their own. Where any criminal record, no matter how petty the offense and how long ago it was, bars people from getting anything but the most unpleasant demeaning jobs and eliminates the possibility of attending a college or university without some vast source of independtly acquired wealth. I could go on and on...

      Suffice to say, America invites criticism by braying to the entire world about how wonderful and free it is. Can you really blame people for taking the bait and engaging in some critical analysis of those claims?

    2. Re:Which country are you writing from? by Infonaut · · Score: 1

      Suffice to say, America invites criticism by braying to the entire world about how wonderful and free it is. Can you really blame people for taking the bait and engaging in some critical analysis of those claims?

      Not all Americans loudly proclaim that America is the most wonderful, free nation on earth. Still, I can't blame people for taking the bait and ranting about America and Americans. Remember that while half of America thinks God is on our side, the other half is mad as hell at having our country hijacked by the Crackpot Right. I just like to know what the ranters are using as a point of comparison.

      I'm glad to hear things are going so well in Canada. I met with some legal professionals from Canada a couple of years ago, and I was impressed with the civility not only of the people, but of the society at large. I had the same experience the few times I went to Ontario back in the 1990s. One of the problems with America is that we don't look past our own borders most of the time, so we often fail to see that our way isn't always the best way.

      --
      Read the EFF's Fair Use FAQ
    3. Re:Which country are you writing from? by Mark_MF-WN · · Score: 1

      It's not about Americans, it's about America. Most of the time when I meet Americans, I can't even tell that they're not local (to be fair, I only meet Americans sufficiently lacking in xenophobic insanity that they're willing to travel to Canada). Americans aren't the problem. It's America itself. The political and economic system that is designed to foster shittiness and evil at every turn. That glorifies selfishness, greed, and (paradoxically) blind obedience, while condemning virtuous behaviour, reason, and critical political thought. America is not at all unlike Iran in some ways. I've NEVER met an Iranian that wasn't an absolutely wonderful person -- kind, polite, generous to a fault, accepting and tolerant, and possessing only the best aspects of spirituality. Iran, on the other hand ... well, you know. Stupid, paranoid, irrational, belligerent, hateful, and possessing of only the very worst aspects of religion.

  85. Ignorance is bliss, I guess by FallLine · · Score: 1
    Advertising for prescription drugs used to be illegal.
    I find it ironic that the slashdot crowd, which reflexively profers that information itself is never bad and that consumers should be allowed to do what they want, should be protected from information itself.

    After that was "deregulated", it grew to twice the cost of drug R&D.

    Wrong.

    First, you are blatantly distorting and conflating SG&A costs (Sales, General, and Admistrative) costs as direct-to-consumer advertizing (or "marketing" as the anti-pharma crowd calls it). The SG&A number is basically all costs that aren't those that are directly used to build a particular product or design it. The SG&A figure you cite includes a lot of corporate overhead (e.g., IT, Finance, Legal, Sales, Product Mgmt, etc). What's more, even those costs that you might think of as sales or marketing are largely not consumer advertising. Some examples of things which fall into this category: free drug samples, sales reps visiting doctors, ads in medical journals (for docs), etc. All of these were allowed well before the law regarding direct-to-consumer marketing was changed and they comprise a majority (~90%) of the marketing costs (which itself is an even smaller part of SG&A).

    Second, you would be wrong to believe that SG&A costs have skyrocketed relative to R&D costs. They have remained relatively stable since the early 1990s (the relevant laws and guidance regarding DTC changed in the last 90s). For instance, Pfizer's SG&A was 39.4% of revenue in 1991 and is now 33.1% (2005). R&D, for comparison's sake, was 10% in 1990 and 14.5% now. This actually represents a trend in the opposite direction -- far from the picture you paint.

    Until the 1980s, drugs developed at Government expense went into the public domain immediately. Now, pharmaceutical companies can buy rights to government-developed drugs
    Please. Do you have any idea what you're talking about? Universities and research institutes do not develop and have not developed drugs (with very few exceptions). It takes a lot more study, refinement, manufacturing know-host, clinical testing, (even, *gasp*, marketing) etc to bring a drug to market. Prior to the Bay-Dohl act, there was no significant financial incentive for anyone to spend the money and resources necessary to develop a viable drug. Sure, there were a good number of unrefined ideas sitting around in research papers, but they never were ready (as a general rule) to be used on actual patients. Lastly, there were several laws decades before the Bay-Dohl act that allowed transfer of patents to industry; the problem was that they were ambiguous and rarely taken advantage of.
  86. So cheap to control Pharmaceuticals/Health! by Magnus · · Score: 0

    I'm amazed it's so cheap to buy off and control the Pharmaceuticals/Health Products business.
    Only ~15 MUSD a year to buy off the whole political establishment.
    http://www.opensecrets.org/industries/indus.asp?In d=H04&cycle=2006

    That's an extremely effective investment.
    What if they were just as effective when developing new products ...

  87. Patents and innovation... by Firethorn · · Score: 1

    Developing a new drug costs around $1Bn and takes close to 10 years. Here, the patent system works as intended. By granting a limited monopoly on their drug, it rewards the innovators and incites others to do the same.

    Whether or not it costs ~$1B to bring a drug to market, the fact is that it's incredibly expensive at this point. Don't forget the millions of dollars poured into drugs that end up being discarded as not effective or too dangerous, before they ever go up for FDA approval. You have to develop the drug, the means to produce the drug, then proceed through tissue, animal, and human trials. Then you have to fund the process needed to get the FDA and other countries's equivalents approval to sell it for human use.

    To put it another way, sure, we'd experience a one time benefit if we were to break all those patents. But then companies would be far more cautious about developing new drugs, unwilling to put as much money into research even if it is less than their advertisement budget now. Because it's profit motive that makes the risk represented in medical research worth it to these huge companies. And because it's their money and potential profit at stake, they're very efficient in their research, conspiricy theories aside. Governments and universities can be fairly good at general research, but it's the companies that generally come up with actual treatments.

    And what is the advertisement budget for? Getting the word out for the new drug or treatment to doctors and patients, because otherwise it won't be used, leading to no benefit for the people or companies.

    As for patenting gene sequences, naturally occuring flowers and such, they're not actually patenting the gene, that's been ruled invalid. What they're patenting is the method to detect the gene, or a modification to a gene that's been patented. Now, there can be some problems with such patents being held as too wide, but we're talking about tweaks here, not throwing out the whole system.

    Now, a bounty system would have it's benefits as well, England I know used such a system during the colonial period with some success(develop a system that meets specifications X,Y,Z and we'll pay you $10k). But the government payoffs, to make the risk worth it, would have to be HUGE. Add in that politicians today don't like the bounty system because they can't guarentee the money will go to their favored parties, and it's a tough call to impliment one.

    --
    I don't read AC A human right
  88. Uh, it takes a lot less than that. by ClioCJS · · Score: 1
    Go read about the Nafta superhighway, and the many farmers who are having emminent domain used against them to help build a highway that goes from Mexico to Canada. It also creates border checks in Oklahoma -- Yes, we will be allowing people into our country and not even checking their vehicles til they are in *oklahoma*.

    The invasion has already started.....

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  89. WRONG. It's called inheritence. by ClioCJS · · Score: 1

    The majority of rich people inherited their money and did nothing to get it. So what you said is not right..........

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  90. Standing of the bodies of a million midgets by FallLine · · Score: 1

    There's an implicit assumption here that each advance comes about primarily through the efforts of solitary geniuses, working away in isolation and maybe driving themselves crazy. We have quotes about "standing on the shoulders of giants", and "there is no I in team", but that doesn't stop people from figuring who's the best. This is reinforced by naming theorems, methods, and so on after one or two people, such as Darwinism, and stories such as Frankenstein.

    Implicit in your argument is the assumption that the individual is virtually intiguishable from the teaming masses, that they have no marginal value greater than any other part, that they're merely a product of their time and their socio-economic class. You might rephrase your argument to say... "standing on the body parts of a million midgets" instead of "standing of the shoulders of GIANTS".... What a crock of sh*t.

    Sure, all great inventors' and scientists' work derive great benefit from the work performed by others. However, these insights aren't derived by some amorphous blob of people going about their daily lives. Innovation comes, by and large, from a handful of exceptional people who do exceptional things. Even small innovation which can scarely be attributed to a specific individual still comes from individuals, who went out on a limb of some sort or other, and most of these individuals don't do it for selfless reasons: it almost always benefits their livelyhood. Without the system which values the individual there would be virtually no collective science to draw from and there would be no new innovation, incremental or otherwise. Even the ever-so-precious OSS system that Slashdot loves to worship depends largely on the work of a few critical individuals, who perform the vast majority of the work, that are either directly employed to do said work or gain great individual notarity for their efforts.

    Patents, which always have a few or just one person fingered as the inventor, encourage scooping and secrecy.

    The patent may name just several inventors, but the products those patents support support the efforts of many people that are PAID to contribute and/or are RECOGNIZED in various substantive ways for their efforts. Drug development requires MANY people to do A LOT of work. However, all of this work occurs in the framework of the recognition the unique contributions of each person. People that contribute a lot tend to receive better pay than they might otherwise; those that don't get less pay and tend to get weeded out...They don't just get a "check plus" for participation.

    I have heard that Asian societies especially are much less individualistic, and we of the West are a bit blind to this aspect of our own societies.

    And they developed how many new technologies in the past 500 years outside the framework of named research and patents??? Damn few. It is no coincidence that they've only been making substantial contributions in recent history with the emergence of IP and western-style academic publications.

    And I think this individualism in extreme, where patent systems have pushed it, is detrimental to science.

    Prove it. Why is it that so much gain has been had in places which recognize the value of intellectual property as they've recognized its value? The theory and the empirical experience argues against your assertion.

    We're all forced to play the game, if we want to get anywhere. We all have to be the backstabbing thief, have to keep secrets, keep those competitive advantages. That's what patents have done. We don't have to like it, and many of us researchers and inventors do try to give out credit, as with the customary list of references and citations at the end of every research paper. But surely there are better ways. Change the rules. Play a different game.

    Oh nonsense. This

    1. Re:Standing of the bodies of a million midgets by bzipitidoo · · Score: 1

      Now we're getting into it!

      Even the ever-so-precious OSS system that Slashdot loves to worship depends largely on the work of a few critical individuals No, the world is bigger than that. True, the Linux kernel depends upon Linus Torvalds, Andrew Morton, and a few other individuals. But there is also FreeBSD, which depends on another few individuals. And there's Hurd, which depends (or depended) on yet another group. Then there's Tannenbaum and his Minix OS, and hundreds of other operating systems. None of these people have a monopoly on genius. Same goes for science. If Watson and Crick hadn't discovered DNA when they did, one of several other groups very likely would have in just a few more months. And maybe some of these others did discover DNA first (Rosalind Franklin comes to mind), but Watson and Crick got all the credit, wealth and fame, and the Nobel Prize. They even used some of Franklin's work to make "their" discovery. Potential giants are all around. If only some of them choose to move towards a particular goal, that is not to say that there aren't a hundred times as many who could've reached those same goals if they chose.

      I appreciate you pointing out the "giants" part of that quote. Maybe Newton should've said, "standing on the shoulders of a giant society". When corporations spread the wealth patents generate amongst the people who worked on a great project, then patents are working to the benefit of society. Reality, however, is not so pretty. There are many many cases of companies screwing those who did the work. Some of those were outsiders, as when RCA tried to scoop Farnsworth, and some were inside jobs, as when Shuji Nakamura's employer interpreted their obligations as fulfilled when they paid him an insulting and embarrassing $200 bonus for the blue LED. The patent system is supposed to prevent that sort of thing, but those two were forced to go to court to get redress. Obviously, too many businesses believe in patents only when suits their convenience.

      But let's look at this a bit more. The blue LED is a great achievement, but it owes much to earlier LEDs, the transistor and the immense variety of materials that have since been shown to be suitable for that use, the discovery of electricity and all the follow on discoveries that made electricity feasible, and so on. And what of the support in the form of assistance and equipment, though that point was buried by the company's greed in cutting the goose loose once the golden egg was laid. I'm not arguing that Nakamura is undeserving, what I'm saying is that the work owes a lot to others who are probably getting less than they deserve, and that's partly because of this focus on individual genius that is reinforced by the thinking behind the patent system.

      Prove it. Why is it that so much gain has been had in places which recognize the value of intellectual property Can you prove your point? That societies that have strong intellectual property rights are wealthier because of those rights? No? Looks to me that property rights have indeed contributed to prosperity by, among other things, mitigating the Tragedy of the Commons. Property rights has been very successful, so it's only natural to try extending that concept to the realm of ideas. By trying to treat ideas as property, society can encourage people to do more science and art, and share their discoveries, or so it's been thought. It isn't working. This one-size-fits-all approach has lead to the disaster that is intellectual property rights. Pearls of thought are fundamentally different than treasures of material. That fact could be glossed over until recently, because until the Internet there wasn't any convenient way for the masses to copy info in such precision and quantity that wasn't tied to the material world.

      I don't know of a better way, though I've searched and tried to come up with one, and have in mind some things. What is clear is that the patent system, on at least software if not anything else

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    2. Re:Standing of the bodies of a million midgets by FallLine · · Score: 1

      No, the world is bigger than that. True, the Linux kernel depends upon Linus Torvalds, Andrew Morton, and a few other individuals. But there is also FreeBSD, which depends on another few individuals. And there's Hurd, which depends (or depended) on yet another group. Then there's Tannenbaum and his Minix OS, and hundreds of other operating systems. None of these people have a monopoly on genius.

      Most of the work on these projects are performed by a small number of people and these people are not working in anonymity. Each person is enjoying a heavy amount of credit in their respective communities for their marginal efforts (and often for the secondary effects, e.g, Tannenbaum's connection with Linux). The presence of genius in particular projects, or lack thereof, says nothing about the necessity of individualism.

      2002 Study: The median number of developers in the 100 most popular SourceForge projects was 4 and the mode was 1

      Roughly 97% of the Linux kernel contributions are made by 100 developers -- most of whom are paid for their work and/or recieve great acclaim for their efforts. What's more, a little less than 50% of the contributions come from a group of 20 people

      Same goes for science. If Watson and Crick hadn't discovered DNA when they did, one of several other groups very likely would have in just a few more months. And maybe some of these others did discover DNA first (Rosalind Franklin comes to mind), but Watson and Crick got all the credit, wealth and fame, and the Nobel Prize.

      Franklin did not toil anonymously either and she is widely acknowledged as having played a role in the discovery. She was published several times in Nature and other places for her efforts; it is an over-simplification to say that she was "scooped". The Nobel prize could not have been shared with her as she died several years before the prize was awarded (Nobel rules forbid posthumous awards) and because the award was for their work on nucleic acids (not just for the structure of DNA).

      Potential giants are all around. If only some of them choose to move towards a particular goal, that is not to say that there aren't a hundred times as many who could've reached those same goals if they chose.

      This may be true in some cases. However, it is not feasible to make "What-If" awards. Devalueing scientists' and inventors' marginal contributions would be a far greater violence to progress. The majority of scientists' may live and breath by credit alone (which, in turn, benefits their careers), but the driving force behind commercial innovation is economic reward, which cannot be shared broadly without destroying the entire system.

      I appreciate you pointing out the "giants" part of that quote. Maybe Newton should've said, "standing on the shoulders of a giant society".

      But he did not say that. In fact, to the contrary, if you read the history on Newton's utterance of this quote (which, btw, variations of it existed long before) you would see that he was essentially crediting Descartes (a particular notable individual) and insulting one of his contemporaries that was trying to take credit for his work (Hooke, who was known to be ill/hunched over) "What Des-Cartes did was a good step. You have added much several ways, and especially in taking the colours of thin plates into philosophical consideration. If I have seen a little further it is by standing on the shoulders of Giants"

      When corporations spread the wealth patents generate amongst the people who worked on a great project, then patents are working to the benefit of society.

      No, patents are to the benefit of society when scientists and innovators innovate and in

    3. Re:Standing of the bodies of a million midgets by bzipitidoo · · Score: 1

      It's late, so I'll have to read those articles you linked later.

      The onus is on you since you want to change the status quo. The status quo you speak of has not been the status quo for long. The experiment in allowing the patenting of software and business methods started in the US in the 70's. Europe has never allowed it, tho some are lobbying hard to change the status quo there. And just look at history. Patents are relatively recent. There's plenty of innovation by civilizations that never had any concept of intellectual property. For instance the Roman Empire borrowed greatly from Greek civilization, as well as came up with plenty on their own. In engineering, Rome was considered quite advanced.

      And the experiment has been a resounding failure. Patents are like munitions. Eisenhower warned against the "military industrial complex", now we have a blood sucking lawyer driven intellectual property industry. You don't think all those ridiculous EULAs just grow on trees, do you? Lot of resources went into writing those largely unenforceable attempts at stripping consumers of their rights. And everyone is going to great expense to stockpile patents so they can fight back in case of another attempt like what IBM pulled on Sun some years ago. IBM accused Sun of violating 7 of IBM's patents including the infamous "fat-line" patent, and demanded payment. Sun demonstrated that none of those alleged violations held any water, and IBM's response? IBM threatened to search through their arsenal of some 20000 patents and sue Sun for violating some of those others unless Sun paid up. Sun paid. And Sun and everyone else learned the lesson, and all now spend somewhat more of their resources on attorneys, getting things patented, and such like. A company without a patent portfolio is like an unarmed civilian in a war zone. Without exclusivity, there is generally no incentive to innovate: to risk time, capital, and ones own emotions But why exclusivity? Why that means? If we can compensate someone for their work, and do it in such a way that millions of others are not hamstrung by the need to search out and work a deal with everyone whose patent they might need, shouldn't we? You can't write any software today without inadvertently violating hundreds of patents. There's plenty of incentive to innovate regardless of exclusivity. The point of patents was to encourage the sharing of ideas by guaranteeing there wouldn't be any loss sustained by telling the world the magic formula. Before patents, the only way was to keep secrets, secrets which could be and often were lost. And yet, this has not been wholly successful. For instance, Coke has never divulged their exact formula. Why, for instance, shouldn't the mp3 encoding and decoding algorithm have been allowed to have been patented? mp3 IS patented. Fraunhofer is the owner. Anytime anyone encodes to the mp3 format, they are supposed to pay royalties to Fraunhofer. Almost no one realizes they're in violation when they rip one of their own CDs to mp3. Of course neither Fraunhofer nor governments have any practical way to enforce this. There's a lot of work in mp3, hundreds of minor advances that sum to more than thier parts, much of which was done as government paid research, freely available to all. That Fraunhofer alone can get royalties for mp3 is unfair to all the independent people whose work was used for mp3. In response, a free codec, Ogg Vorbis, was developed off much of the same research. That huge duplication of functionality should not have been necessary. We could all happily use mp3, and the people who made Ogg Vorbis could've perhaps done something new rather than reinvent the wheel. That's the sort of waste software patents cause. The lesson has been learned, and now companies that try to slip their own patented technology into a standard are routinely outed. When mp3 was made, the impact of having proprietary tech in a standard was not fully appreciated. There are limitless ways sound could be encoded; Fraunhofer should not have been allowed to hijack the work of the standards body in such a fashion.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    4. Re:Standing of the bodies of a million midgets by FallLine · · Score: 1

      The onus is on you since you want to change the status quo. The status quo you speak of has not been the status quo for long.

      This thread is about patents in general. You never limited your criticisms to software patents.

      Europe has never allowed it, tho some are lobbying hard to change the status quo there.

      Wrong. Various member states have accepted software patents as early as the 60s (Switzerland, Belgium, France, Austria, Netherlands, etc)--before the US. The EU has not had a uniform law permitting as wide an array of software patents as we do in the US, but many of the member states have allowed software patents (e.g., UK). Furthermore, the European parliment has in-fact allowed "computer-implemented" inventions for some time and they have accepted tens of thousands of such patents. The essential and simplified difference is that it usually does not allow pure algorithms to be patented unless they are tied to some kind of real-world application (esp. devices). Many, if not most, US software patents can be granted under this rule.

      Btw, you should also note that mp3 was patented in Germany in 1989.

      And just look at history. Patents are relatively recent. There's plenty of innovation by civilizations that never had any concept of intellectual property. For instance the Roman Empire borrowed greatly from Greek civilization, as well as came up with plenty on their own. In engineering, Rome was considered quite advanced.

      The concept of free speech and religious freedom is relatively recent too and, hey, you know the French and others managed to overthrow their monarchs despite it... so everything was fine, right? I'm not denying that the Romans, the Greeks, and others did some mighty impressive things, but these innovations were accomplished over many many years. As a rate of innovation it was truly not that impressive. They did not have a large percentage of their people devoted to R&D, most of them weren't even literate,... of course they weretotally pre-industrial, pre-Guttenburg, etc so the comparison is silly in the first place.

      And the experiment has been a resounding failure.

      Resounding eh? Then where is your proof? Give me at least a well reasoned argument.

      Eisenhower warned against the "military industrial complex", now we have a blood sucking lawyer driven intellectual property industry.

      The same claim could be made for anti-discrimination laws and tort law. While I would agree that there are blatant and very real abuses of the law, I would also say that no law worth keeping brings just good things. Abuses and hassles are inevitable.

      You don't think all those ridiculous EULAs just grow on trees, do you?

      I don't stay up all night long worrying about EULAs. Their power, however, can be and generally is derived exclusively from copyrights, not patents by and large, and copyrights have been around for hundreds of years.

      A company without a patent portfolio is like an unarmed civilian in a war zone.

      There is some truth to this (for companies of a certain size in certain industries), but like I said, no law is entirely good. As much as I hate having to worry about litigous companies, I would hate more to lose the ability to file reasonable patents. What's more, many of these problems pertain to many more obvious and overly-broad patents being allowed through these days that would have been rejected a few decades before. There are largely administrative issues pertaining to the patent office and they can be fixed; an excess of bad patents is not a necessary part of the patent system (although I will say that at least 60% of the abuses slashdot and others point out

  91. My brush is a little wide... by Eric+Damron · · Score: 1

    I was referring to corporations large enough to be traded on Wall Street. Even small businesses can incorporate and that isn't who I'm talking about.

    --
    The race isn't always to the swift... but that's the way to bet!
  92. The real justification for drug patents by Anonymous Coward · · Score: 0


    Drug patents exist to offset the financial cost of an onerous approval process that allows no drug to be marketed without prior government approval. Which can be obtain only after an unspecified amount of testing is completed. The amount of testing needed to gain approval continues to increase with no end in sight. This government burden doesn't end here. It continues through the entire manufacturing process and even to historical recordkeeping. The drug patent protection is inextricably linked with this government imposed regulatory burden. Other industries obtain patents or copyrights but endure no governmental burden or oversight. Now if you were starting a business and there were no patents would you endure the cost of an extensive approval process that might not even reach the point of product approval when instead you could invest in an unregulated industry?


    This regulation is all well intended. To assure the public safety, etc... No one wants to return to the days of the snake oil salesmen. But you might also note from recent events that even after getting government approval for your new drug, like VIOXX, you really gain only modest assurance of safety. And the pharmaceutical companies, regardless of effort or expense, gain no special shield against civil damages. Drug companies endure extra costs to obtain approval, greater risk of approval, and still the risk of general product liability. Drug patents are the government's return for these extra burdens. In only 14 years everything enters the public domain.


    My question? Why does the government provide patent protections in cases where no special government burden is demanded?
     

  93. broken perception by inca34 · · Score: 1
    In 2001, the bottom 80% of US households accounted for 8.8% of the financial wealth [Edward N. Wolff, 2004]. Somehow I doubt that with this 8.8% of the wealth they have much of that so-called "spending force". Sure, they have markets geared toward them, however the money involved and profit margins pail in comparison to the upper-crust markets. Luxury is where the money is, if you can get into it. So I agree that they have a significant spending force, but it really pales in comparison to the rest of the wealth.

    I just had an interesting thought... As far as the distribution of wealth goes within the populace, if our influence is tied directly to dollars then we are no longer a Democracy. Capitalistism! Hah... =)

    I intensely dislike post-modernism. Thankyouverymuch. I just said that drawing from historical facts to lend credence to arguments on social policy of the here and now is hard to do, and often not worth the additional effort required to do the research, cite the references, then justify the analysis with regards to all likely historical data. As far as the "facts" and other clean issues go, they just aren't useful. It really doesn't matter when the Civil War ended. The meaningful impacts of such events and clean topics are inherently subjective. Of which the meaningfulness is largely dependent on the researcher's own perceptions of reality. For instance, if you read the DoI and then I read the DoI, I'm sure we'd have very different thoughts, opinions, meanings, etc. based on it, even though it's textual base is very factual indeed.

    You're going to have to make a good argument as to why the full and fair cost of production of a new drug should not include the cost of development.
    That's easy! If the cost only had to fund future development and recoup the cost of past development and manufacturing there would be no problem at all! We are straying from the article again, I fear. The problem is that a lot of the "development" money is being spent on advertising and brand building rather than the drug R&D.

    People who are not willing to work for it don't deserve health care.
    This is truly disconcerting to me. Tell me... truly... who is not willing to work when their life or a loved one's life is on the line? I don't think that someone's worth in life is in any way related to their income. Take for instance, Steve Ballmer. Sure, he's made a few bucks in his lifetime, does that make him any better than an orphaned 2 year old who apparently can't work for it, thus doesn't deserve proper health care? Maybe he deserves elective health care, but he is most certainly not more deserving of basic health care any more than any other human being.

    Though I may be a naif, I do not presume that all poor people are poor by some weird accident and there's nothing they can do to change it. Though the evidence shows it tends to be a hereditary condition, it can also fall on decent people in hard times, and some effectively choose it with their actions (though rarely with that intention). If I ever become poor or destitute for some reason or another (e.g. disability, accident, etc.) I would prefer not to be judged as some failure in life and treated as such by being refused basic health care because I am no longer the money-producing piece of meat I once was.

    Sure, the poor have debt and such. However, even that debt pales in comparison to health care costs, especially emergency health care costs for a family below the poverty line. You know, the ones whose bills are the same order of magnitude of their yearly earnings?

    I didn't respond directly to a lot of your arguments because they've strayed too far from the article and what I've actually said. Cheers.
  94. Re:re x-rays by dr2consulting · · Score: 1

    >Yeah, why $200 for an xray, when its free at the airport?

    I can understand the ignorance--most people have never seen what goes on in a hospital radiology department.

    Let's look at the airport situation first: you've got an x-ray machine with a motorized conveyer belt. That probably does cost more than a basic flat film x-ray machine for medical use. Then you've got a TSA agent making a modest salary looking at the images on the screen. Little training, and no significant consequences to the agent if s/he makes a mistake (see previous media reports on failure rate in tests when officials tried sending weapons through the screening system, and the hue and cry when it was suggested some of the agents ought to be fired).

    Now, in the hospital, you've got the x-ray machine, and a trained and certified RT to operate it. You think that job is just lining up the patient and pushing a button? Wrong--I used to teach them. They have to know anatomy well enough to properly position patients for each different exam that might be ordered (and there are thousands) so the important areas of the anatomy are most clearly depicted in the image. Then s/he has to select the image exposure parameters to deliver the best quality image while minimizing radiation dose to the patient. After the image is acquired s/he has to check to see if it's satisfactory. Not as much training as this as for the radiologist who actually makes the diagnostic interpretation, but the RT does have to know what's going on in the image.

    Once the images are acquired, they have to be read by the radiologist (college loans, medical school loans, six years or so residency and fellowship before s/he is qualified to do the job). Look at the area in question, maybe ask for and get previous films, look at the patient's history to see if there may be another explanation for the presenting symptoms and imaging findings, report on the question being asked by the doctor ordering the exam, look at the rest of the images to make sure there's not some unexpected abnormality, dictate the report, and sign it.

    But wait, there's more! That $200 has to pay for consumable supplies like film, contrast agent, and linens (you want to use the same table cover as was used by someone with active TB?). It has to pay for the people who order and stock those supplies, the person who answers the phone and schedules the exam (and reschedules it if necessary), the person in the file room who knows where the previous films are and pulls them for the radiologist, and the person who transcribes the report and sends it to the referring doc (making a phone call if the results are urgent). It also has to pay for offices and filerooms for them to work in (plus a person to keep it all clean) and computers and other equipment for them to use.

    There's still more. It pays for the RT's time each morning doing quality assurance checks on the x-ray machine and processor (don't have to do that for the airport machine), and the time and equipment for the field service engineer to fix the x-ray system when something goes wrong. As mentioned above, there's malpractice and other insurance to pay for--radiology is one of the most-sued specialties thanks to suits alleging failure to diagnose diseases early enough. And there's gotta be a surplus to make up for the patients who can't or won't pay.

    Matt Mitchell
    Diagnostic Research Design & Reporting

  95. Do you want Ted Kennedy making medical decisions? by dr2consulting · · Score: 1

    I can reduce the above screed to 7 words: "Ration medical care according to Bios_Hakr's priorities." Proponents of a monolithic health care financing system think they are getting all impure motivations out of the system, but all they're doing is shifting them around. If you replace our current system with a government-run single-payer system, the critical decisions about whether some service that an individual wants is worth having the entire society pay for don't go away--they merely get shifted to the government. We've already seen this with Medicare. Ultimately, high-stakes medical decisions, like coverage for expensive new technologies, become political questions, and get made by people like Ted Kennedy (Democratic senator from Massachusetts) and Ted Stevens (Republican senator from Alaska). And those decisions are going to be subject to the same conflicting interests every other decision made in Washington faces. It will actually introduce new conflicts and motives into the system--just like decisions about locating military bases and other government facilities depend on how many people and companies from which states will benefit. While you'd like for these decisions to be made purely on clinical evidence (my line of work), they really get made on the basis of a mixture of clinical evidence and lobbying power, even stuff like who was the college roommate of an inflluential senator. There is no health care financing system in the world that does not ration care one way or another, not even ours. Some systems hide the rationing better than others. The American system has less rationing than other systems, but in exchange we have the problem of the uninsured. Most of the systems people hold up as models ration care either by restricting the diffusion of new technologies or by queuing Canada has the purest system of keeping equal access to health care services, but that comes in exchange for some of the worst queuing problems and the greatest restrictions on people's freedom of choice.(*) People in Canada die as the result of having to wait for a necessary medical service like a diagnostic MRI, because the government wants to control health care costs. That's great if you want to punish rich people for wanting better health care than the rest of us, but that's a rather stiff price to pay. Most countries (such as the UK and those in Europe) don't want to create those conflicts, so they allow a two-tiered system with some private service for those willing to pay out of their own pocket. In Canada, you don't have that (#), so you get stories of people being able to schedule next-day cancer surgery for their dog while waiting months for their own surgery. To borrow a phrase, the US health care financing system is the worst system in the world except for every other one. If time permits, I'll follow up with some further takedown of the post. Matt Mitchell Diagnostic Research Design & Reporting *--Any time you create an entitlement for one person to take another person's property, no matter how noble the cause, there's going to have to be some control on that entitlement, or else the entire concept of private property is worthless and the producers will stop producing. #--Though a recent court case may overturn that ban.