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Russia Claims IP Rights In Manufacture of AK-47

Daniel Dvorkin writes "In the latest example of over-the-top intellectual property demands, Russia wants licensing fees for the production of AK-47s. According to first deputy prime minister Sergei Ivanov, the unlicensed production of Kalashnikovs (which have been around in very nearly their current form for 60 years) in ex-Soviet Bloc countries is 'intellectual piracy.' A giant but declining power starts demanding royalties on commonly used methods and materials that are widely understood, well known, and by any reasonable standard have long been in the public domain — does this sound familiar?" Wikipedia notes that the Izhevsk Machine Tool Factory in Russia obtained a patent on the manufacture of the AK-47 in 1999.

33 of 502 comments (clear)

  1. Pay or Die! by Howitzer86 · · Score: 4, Funny

    This is interesting. Russia... demanding IP? Wow. What are they going to do if their demands are ignored? Invade?

    1. Re:Pay or Die! by LiquidCoooled · · Score: 5, Funny

      No, they will change the manufacturing process to stop those dastardly internet pirates.
      Every single bullet on the planet will be recoded to stop working in old unpatched guns.

      --
      liqbase :: faster than paper
    2. Re:Pay or Die! by linuxmeltz · · Score: 4, Insightful

      Nahhh, invading is sooo old school-- they'll just point some ballistic weapons your way and cut off your gas supply..

    3. Re:Pay or Die! by aesdesdesdes · · Score: 5, Funny

      Ok now what idiot is gonna be the first to try enforce the patents on the A-bomb?

    4. Re:Pay or Die! by eneville · · Score: 3, Interesting

      No, they will change the manufacturing process to stop those dastardly internet pirates.
      Every single bullet on the planet will be recoded to stop working in old unpatched guns.
      you say this... but i remember hearing that soviet ak47's have a slightly larger round than the exported model. the reason being that if they capture enemy weaponry they could use the smaller rounds in the russian model, but the enemy who capture russian rounds is shit outta luck. how true this is i cannot say, as i would think that the chamber should be a snug fit for the ammo.
    5. Re:Pay or Die! by llefler · · Score: 3, Insightful

      America are getting scarier and scarier recently. Invading sovereign nations, new missile installations, secret CIA prisons, human rights violations of 'enemy combatants', an administration that disregards world opinion. More than a little worrying, especially the pace it seems to be going at.

      --
      It is amazing what you can accomplish if you do not care who gets the credit. -- Harry Truman
    6. Re:Pay or Die! by MsGeek · · Score: 3, Insightful

      Folks like you are what scares me. Comparing the nightmarish kleptocracy/dictatorship in the USA to the nightmarish kleptocracy/dictatorship Russia has become is quite realistic. If you prefer the Russian model, vote for Giuliani: he's openly advocated more "preventative war" in the Middle East and elsewhere. Yep-- denounce individualism, appeal to fear, give no-bid contracts to your cronies -- vote GOP!

      --
      Knowledge is power. Knowledge shared is power multiplied.
    7. Re:Pay or Die! by Zero_DgZ · · Score: 5, Informative

      I suggest you brush up on your firearm facts before you try to rent an AK at the range. The AK-47 is 7.62x39. 7.62x54R is a full sized, rimmed rifle round chambered in the likes of heavy war rifles like the Mosin-Nagant, Dragunov, some variants of Mauser rifle, and so forth. Not only is a x54R ludicrously overpowered for the AK's operating mechanism, the case of the x54R is longer than a complete 7.62x39 cartridge. The two calibers aren't even close in terms of powder charge, bullet mass, or ballistics. The only thing 'similar' about them is that both will fit bullets down a 7.62mm bore and both are used by Russians.

      It is of note that 7.62x51 NATO will not chamber and fire in an AK (x39) or any x54R chambered firearm - The former because the NATO round is way too long to even remotely safely chamber, and the latter because the NATO round is shorter and not rimmed and will swim around in the x54R chamber, probably rupturing the case on ignition if the firing pin reaches the primer at all.

      Long rant made short: Don't try to sound smart on topics about which you know nothing. Check your facts; Hollywood isn't a source.

    8. Re:Pay or Die! by technos · · Score: 4, Insightful

      My apologies, and thank you for the correction. I actually looked, and I am not only 100% wrong but you are 100% right.

      In my defense, I was remembering a conversation eight years past with a neighbor fifty years my senior. And hosing it. That or Sully hosed it in the first place, I'm not sure.

      --
      .sig: Now legally binding!
    9. Re:Pay or Die! by Zero_DgZ · · Score: 3, Informative

      Close on your full auto front. Yes, I have fired an AK but I do not own one. I owned an AR-15 at one point. Both examples were semi-auto.

      Yes, the operating principle behind the AK can be used for much heavier ammunition just as the principle behind the Stoner rifles can be used for .308 and the action from a BAR can be used to build a .22. It's all a matter of modification, but with an off-the-shelf AK it'd obviously never happen.

      Also, it is possible to get a legal fully automatic AK in the United States, but it's tricky and very expensive. Since the end of prohibition and the Gun Control Act, various types of firearm including full auto have been restricted but not outlawed. To wit, it's a matter of submitting a form to the ATF to register the gun and paying a 200 dollar tax stamp which is applied to the transfer of the full auto firearm in question. Back in the '30's, 200 dollars was a lot of money so this law effectively outlawed full auto firearms (as well as short barreled rifles and shotguns, and so forth) to all but the wealthy elite. Well, inflation caught up with the law and eventually it became feasible for the average joe to buy a machine gun again, so in the 1986 Firearm Owner's Protection Act a little rider was added that outlaws the civilian transfer of any firearm not registered in the way detailed above before May 19, 1986. This froze the entire market for machine guns in the United States - what was here then is all that will ever be here now, forever. Repealing the law is, obviously, unlikely. The net effect of all of this is that all civilian ownable full auto guns are limited in supply, extremely expensive, and require jumping through hoops to get. And there are several examples of AK-47's out there, if you feel like shelling out an upwards of 10,000 dollars for one plus the tax stamp.

      Also, if you are a class 2 Special Occupational Taxpayer (essentially, a firearm manufacturer) it is perfectly legal for you to build or 'rig' an AK or any gun into full auto, however the gun will be owned by your corporation or company and not you personally, and it'll go with the business if the business ever folds. And the ATF frowns very strongly on people who try to gain SOT status without running a legitimate business just to play with machine guns in their spare time.

    10. Re:Pay or Die! by jafac · · Score: 3, Insightful

      Um - even Halliburton's CEO said that the job was too big for his company.

      That's what subcontractors are for.

      The argument that Halliburton was the only company big enough for the job is so completely bogus, it's laughable. That's the ignorant Sunday afternoon talkshow talking point.

      The Pentagon could have farmed it out to a number of smaller contractors, with anyone else being a primary, and the rest a sub, or they could have split it up to a smaller number of contracts with multiple primaries. This no-bid contract was pure war-profiteering. Nothing more. The proof is in the result. The amount of fraud and waste in this deal is the worst in history. And that was determined under a regime of very unusually relaxed bookkeeping rules that Congressional Republicans pushed strongly for.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  2. What do you want them to do? by wumpus188 · · Score: 5, Funny

    Open source it?

    1. Re:What do you want them to do? by Jguy101 · · Score: 3, Informative

      Ah, but that's been fixed with new, gas-piston uppers from companies such as Bushmaster and H&K that don't defecate where they eat. Yay for open source guns!

  3. Sounds fair to me by dattaway · · Score: 4, Insightful

    They got a patent. Doesn't matter who they bribed to get it. Its the law. Pay up.

    This is what we get for playing IP games and "owning" ideas.

    1. Re:Sounds fair to me by Pode · · Score: 5, Interesting

      Mod parent up for being exactly correct, this is precisely what we get for playing IP games. Unfortunately I can't source this from memory, but I read not long ago in international news coverage of this issue that Russians have essentially admitted this stance is a direct result of US diplomats in the back pocket of the MPAA raising hell about AllOfMP3.com and resisting Russia's application for membership in some international trade organization on the basis of unpaid royalties. Russia countered by demanding the US, as a member of said organization, abide by its IP laws and pay Russia royalties for all the AK's the CIA has had manufactured and distributed over the years. Russia doesn't want to collect money from Outer Bungholistan, they'd have to pay in goats anyway. It's specifically tit for tat with the US. If Russia has to pay royalties for US IP copied and distributed to US customers, the US should have to pay Russia for Russian IP copied and distributed to US puppets.

    2. Re:Sounds fair to me by Tom+Womack · · Score: 3, Insightful

      Romania is probably the hardest country of Eastern Europe to intimidate by means of gas supplies; it has quite substantial local production of oil (Ploesti used to be the oil capital of Europe) and of natural gas, a couple of modern nuclear reactors at Cernavoda on the Black Sea coast, and exports electricity.

      Central Romania feels very energy-poor, but that's an infrastructure rather than an availability issue; it's a big place, and not a wealthy one, and they haven't yet got round to putting in the wires and the pipes universally.

  4. Russia? No, the company. by bigtangringo · · Score: 3, Insightful

    Sounds to me like it's the company with the patent that's asking for royalties, not Russia itself.

    --
    Yes, I am a smart ass; it's better than the alternative.
    1. Re:Russia? No, the company. by _Sprocket_ · · Score: 4, Funny

      I'm not directly familiar with Russian politics... but it might be. ;)

  5. No one would listen by MikeRT · · Score: 4, Insightful

    Take a good look at the countries that commonly use AK-47s. You're not likely to find a whole of big fans of intellectual property rights there.

  6. Prior art, etc. by ktakki · · Score: 5, Insightful

    From what I understand, Mikhail Kalashnikov based parts of the AK-47 design on various other weapons. The trigger group and bolt resemble those of the M1 Garand, and the pistol grip and gas assembly resemble those of the German StG44 (widely considered to be the first true assault rifle). [Source: AK47, Duncan Long, Paladin Press 1988] How much original content must a design have before it can be patentable?

    During the Cold War, at least a dozen Warsaw Pact and non-aligned countries produced copies and variants of the AK47, with the Soviet Union's tacit, if not overt, blessing. Even now, new AKs are being built by blacksmiths in Pakistan and US gunsmiths (the latter do this to comply with ATF regulations that prohibit import of receivers and assembled rifles).

    Now that the Cold War is over, Russia wants to get paid? I'd think that with all their oil and gas income, licensing fees would be a pittence by comparison.

    k.

    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  7. AK-47 patent violations by David20321 · · Score: 5, Funny

    I'm glad I'm not the debt collector.

  8. Re:AK's are varied and spread far & wide by blind+biker · · Score: 5, Informative

    Many countries make an AK-47-based assault rifle. That's because, for an assault rifle, it's important that it's reliable in the crappiest imaginable conditions, and in the hands of the laziest of the fighters.

    The best AK-47 variant is produced in Finland:
    http://en.wikipedia.org/wiki/Rk_62
    http://fi.wikipedia.org/wiki/Rk_62
    http://www.ak-47.us/Finland.php

    This weapon (RK-62) is widely considered to be the best assault rifle in general.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  9. Doesn't matter to me by brogdon · · Score: 5, Funny

    I get my weapons from allofrifle.com

    They say it's totally legal

    --


    This tagline is umop apisdn.
  10. Re:Not quite true... Urban legend time by russotto · · Score: 4, Funny

    Actually, he wasn't. The US was funding a different set of Afghans versus the Soviets at the time (there were multiple groups fighting them), and bin Laden was getting his support from the Saudis and other Islamists. That's part of the reason he dislikes the US so much - we were funding his competition.
    But, but, but, but... that would mean that there's something that's not the US's fault. That's non-possible.
  11. Re:Controlling the Russian Beast by HiThere · · Score: 5, Insightful

    ...The Russians make a mockery of the G-8 and its principles. This demand for licensing fees on supposed patents of a 60-year-old technology is the latest in a string of non-Western activities...

    That doesn't sound non-Western to me. I wish it did, but wishes don't make truth.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  12. Re:Update. by Cyberax · · Score: 5, Informative

    Actually, Izhevsk Machine Tool Factory (IZHevsky MASHinostroitelny zavod in Russian) IS Izhmash. It is still alive and well.

    I know this because my parents live in Izhevsk and work at Izhevsk Mechanical Factory (Izhevsky Mechanichesky Zavod) which makes hunting and sport rifles.

  13. *shrug* by Opportunist · · Score: 3, Interesting

    Jews, Arabs... pick your minority to bash.

    Or how about a bit of gay bashing?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  14. Re:Controlling the Russian Beast by sanman2 · · Score: 4, Insightful

    What crap. Same old Russia-baiting BS. The US has gone out of its way to damage relations with Russia. Look at how Yeltsin's concentration of powers and suppression of political opponents was vigorously supported by the US -- just as long as he was dismantling Russia, the US didn't care. But as soon as someone isn't playing ball with Uncle Sam, then the diatribes start. Sorry, but there's no credibility in that.

  15. Re:AK's are varied and spread far & wide by leathered · · Score: 3, Interesting

    I'm not going to take the time to dig up links but there's a fair number of videos on YouTube of US soldiers carrying AKs when on patrol. I'm not going to speculate the reasons why.

    --
    For all intensive porpoises your a bunch of rediculous loosers
  16. Re:Controlling the Westernised Russian Beast by Ash+Vince · · Score: 3, Informative

    What a crock of shit.

    The current western version of democracy is just public relations theory. It is about making the public think they have some say in who rules their country without actually giving them too much. The problem is that we are given such a small selection of people to choose who will rule us from (2 in the US) that it does not actualy count as a democracy according to the strict (original) definition.

    The other problem is that once a particular person / party has been elected they are very hard to remove from power even if they make some very unpopular decisions. A better description of the current system in the US or UK (or Russia for that matter) would be an elected dictatorship. Some countries in Europe do slightly better by allowing proportional representation rather than "first past the post" but these still probably would not count as a democracy in the orignal sense.

    One problem with current democracy is that you need huge amounts of money to get elected, this rules out most people. This may also explain why both of the frontrunner democratic candidates (Barrack and Hillary) have taken money from the RIAA even though a great deal of the american population (I have not said majority of the US population so lets not get into semantics) voted them the worst company in the US.
    (The source for this is here: http://consumerist.com/consumer/worst-company-in-a merica/contact-information-for-50-politicians-who- take-campaign-money-from-the-riaa-264638.php)

    Anyone who has read this far might find it interesting too look at the definition of Democracy with respect to constitutional republics as defined on the wikipedia page here:

    http://en.wikipedia.org/wiki/Democracy

    Please also note that I am not trying to argue that one is superior to the other, I am just trying to suggest that democracy is often overrated when used in the modern context of the word.

    I also take issue with you implying that western democracies are impartial with regard to race or sexual orientation. Until the US elect a black gay man as president or the US senate is made up of the same balance as the general population I think this is a hard case to make. Wikipedia also has a good page on this here: http://en.wikipedia.org/wiki/Racial_demographics_o f_the_United_States. Once the senate (and the senators who chair select commitees) have a simlar racial makeup and you will have a valid point but until then it still amounts to public relations theory.

    In many ways the US is moving away from impartiality in politics with regard to sexual orientation as religion becomes higher on the list of criteria people consider when choosing how to cast their vote.

    In my view the primary western value in recent years has been profit, and Russians have certainly embraced this with open arms. That is what the whole IP issue with regard to AK's is all about. They want money for people using what is a Russian state design (and a damn good one). The man who invented and designed the original AK was at the time of its design, a serving Russian military officer. If wanting to get money for what you or your employees invent is not a western value then where does the current US stance on copyright come from?

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.
  17. Re:Controlling the Russian Beast by baldass_newbie · · Score: 3, Insightful

    Look at how Yeltsin's concentration of powers and suppression of political opponents was vigorously supported by the US -- just as long as he was dismantling Russia, the US didn't care.

    Mod parent up as insightful. Buddy of mine had a grad school prof who was a Russian expert that was called in by Clinton. Told Bubba that he should support Democracy and not Yeltsin.
    Ol' Bubba loved dealing with a drunk Yeltsin too much to do the noble thing and...we have reaped what he sowed.
    I watched it happen and thought it was a bad idea to support Yeltsin, but Clinton felt he was getting a patsy, thinking short term and not about the future or the damage his actions might have on others.

    --
    The opposite of progress is congress
  18. When was direct democracy tried? by Anonymous+McCartneyf · · Score: 3, Insightful

    Among adult males in Ancient Athens. The finest pure democracy ever, and it still ordered Socrates to take hemlock.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  19. AK-47, Prior art and GPL by steveoc · · Score: 4, Interesting

    Firstly, the AK-47 itself is a derivative of the excellent German Sturmgewehr MP44, which came into mass production at the end of WW2. The Mp44 used the same 7.92mm calibre round as other German weapons, but with a much shorter cartridge, since it was reasoned that most small arms combat took place at ranges under 400m, and so a huge long range charge was not required. The benefits of this were many - cheaper to make, more ammo could be carried, and the sustained rate of fire could be higher due to the lower muzzle velocity.

    So there is a strong case for prior art, with patents (?) already held by the National Socialist Workers Party of Germany.

    After this point, the AK-47 used a different manufacturing technique to greatly simplify the build compared to the MP44. However, these simplified blueprints are very very closely related to the Tokarev SVT. If you have ever stripped down an SVT, and compared this to an AK, you will see they are pretty much the same construction techniques, just in a different scale.

    Secondly - I dont know if anyone can remember 'The Soviet Union', but it was a communist state based on the ideals of Marxism, geographically located to the East of Europe. Its a 20th Century thing - ancient history. The 'rights' to the AK47 lie entirely with the Soviet state. NOT Russia - but the Soviet Union, which is a different animal entirely. Unless of course Mr Putin wishes to disagree ...

    Thirdly, being a Soviet state, the 'intellectual property' produced by that state belongs to the workers, and not just the workers who form part of the collective of that state, but all the workers of the world. The AK47 was, if you like, GPL'ed to the point where all workers of the world were free (even encouraged) to make millions of copies of the people's machine gun, and use this tool to overthrow their Fascist, Capitalist, Monarchist oppressors.

    So don't pay attention to the lawyers good people - if you find yourself slaving away 60+ hours a week to make other people rich whilst you can barely put food on your table - then by all means, get together with your comrades and build yourselves some AK47's. Anyone that denies you that basic right is a Capitalist oppressor and a Fascist invader of the Motherland.