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Copyright and Patent Laws Hurt the Economy

Norsefire writes "Two economists at Washington University in St. Louis are claiming that copyright and patent laws are 'killing innovation' and 'hurting [the] economy.' Michele Boldrin and David K. Levine state they would like to see copyright law abolished completely as there are other protections available to the creators of 'intellectual property' (a term they describe as 'propaganda,' and of recent origin). They are calling on Congress to grant patents only where an invention has social value, where the patent would not stifle innovation, and where the absence of a patent would damage cost-effectiveness."

31 of 597 comments (clear)

  1. Their site/blog by XanC · · Score: 5, Informative
    1. Re:Their site/blog by Timothy+Brownawell · · Score: 4, Informative

      Correct me if I am wrong (as I am sure many will), but aren't patents granted by independent law firms? I didn't think Congress had any direct involvement in decisions about which patents get granted and which don't.

      Patents are granted by the Patent and Trademark Office, which is part of the federal government. Congress is not directly involved, but it is responsible for the laws which direct the PTO on what should and should not be patentable.

  2. Absurd! by fuzzyfuzzyfungus · · Score: 5, Funny

    This vile proposal threatens to sacrifice shareholder value on the altar of the progress of the useful arts! The founding fathers would never stand for it.

    1. Re:Absurd! by Binty · · Score: 4, Interesting

      While there might be a good reason to call Article I, section 8, clause 8 of the Constitution the "Copyright Clause" when talking about copyrights specifically, this clause of the constitution also authorizes patent law and perhaps other kinds of intellectual property that Congress hasn't been innovative enough to think of yet. We could call it the "Intellectual Property Clause" or the "Copyright and Patent Clause," but for my money I like "Progress Clause."

    2. Re:Absurd! by cpt+kangarooski · · Score: 4, Insightful

      No, it says that Congress has the power to secure it, if Congress so wishes. There is no Constitutional obligation, though.

      As for your essay, while I'd agree with you on some issues, and disagree with you on many others, I don't really see the point.

      There are really only three options for an author who would see his works published. First, make a deal with a publisher. As there are a lot of authors (who tend to be bad at making deals) and rather fewer publishers (who tend to be quite good at making deals), the author is probably going to get a bad deal. Second, self-publish, but this is often inefficient, as authors are unlikely to get the best deals, or have working relationships with retailers, big-name reviewers, etc. The Internet is making this a little easier, but not a whole lot easier, unless your sights are set low (e.g. being the top dog of some sort of fanfic community). Third, for the law to treat authors paternalistically, not allowing them to make deals which outsiders viewed as bad (by letting the authors terminate transfers, or be unable to sell the entirety of their rights in a work). This is offensive, and it certainly isn't in keeping with the normal level of government involvement in business dealings. If the author were selling land to a developer, we'd certainly let him make a bad deal.

      This is what we have under a normal copyright system, and I don't see how your somewhat Lockean approach really would help authors any.

      --
      -- 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.
    3. Re:Absurd! by progManOs · · Score: 5, Informative
      I believe it is time to repeal this clause of the Constitution. Some of the advocates of the Constitution promoted such nonsense to make America a mercantilist union.
      Below is a fitting quote from a letter that Thomas Jefferson wrote to Isaac McPherson ( http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html ) :

      If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. 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.

    4. Re:Absurd! by decoy256 · · Score: 4, Insightful
      THANK YOU!

      This is the real issue...

      Article 1, Section 8 says:... "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      A copyright that lasts for 200 years (or even 20 years in our modern society may be too long... 10 years, I think is OK) is NOT conducive to progress.

  3. 10 Years, not Infinity+ years by corsec67 · · Score: 4, Insightful

    Copyrights should only be a limited amount of time, not the current infinity+ that it is now.

    More than the authors life is excessive.

    A picture I took today shouldn't expire in 75 (if I live to 100) + 70 years, or in 2154.
    If I had a son, he might not be alive at that point.

    That is just way too long.

    --
    If I have nothing to hide, don't search me
    1. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 5, Insightful

      A picture I took today shouldn't expire in 75 (if I live to 100) + 70 years, or in 2154.
      If I had a son, he might not be alive at that point.

      What I dont get is why your son needs to be rewarded for you working in the first place.
      Outside of world leaders & royalty, no other profession gets a free pass for their children.
      Are the children of copyright owners incapable of working like everyone else has to?

      (not directed at you but at copyright holders)

    2. Re:10 Years, not Infinity+ years by JCSoRocks · · Score: 4, Insightful

      Indeed. The changes to copyright law have pretty obviously been made solely to benefit huge corporations. Dead authors, musicians, artists, etc don't see any benefit from it - they're dead.

      The entire idea is to give people a way to protect their source of income while they labor to create more stuff. If it takes you more than 10 years (off the top of my head) to create something else that people are willing to pay for then you should find yourself a new career.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    3. Re:10 Years, not Infinity+ years by dissy · · Score: 5, Insightful

      What about "Life of author or x years, whichever is longer"?

      I'd still prefer X years where X is single digit, or Very low double digit.

      Just because its 'intellectual property' doesn't mean they shouldn't have to work for a living just like every one else.

      If one album can only guarantee income for 5 years, then they would be encouraged to, i don't know, make another one! Or perhaps get out and find a real job. Either would be better for society as a whole.

    4. Re:10 Years, not Infinity+ years by Logic+and+Reason · · Score: 5, Insightful

      Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL. Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      Why don't we outlaw the wheel, then? I'm sure that will force the market to come up with all sorts of creative alternatives. We'll probably waste billions of dollars in the process, but at least we'll be promoting "innovation"! Isn't that what's important, after all?

    5. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 4, Insightful

      Many great artists only had one or two truly great works in them. Some only created one (such as JD Salinger).

      Tough shit. No one said life was easy.

      Art is not a commodity which can be cranked out like a Model T Ford, and it does not obey the calculus of supply and demand.

      Lol. No wonder artists are always starving.

      --
      When information is power, privacy is freedom.
    6. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 4, Interesting

      Ohhh! So now YOU are deciding when "they" have made enough money. Gee, what a hypocrite.

      No, I am suggesting an amount of time which would give someone a reasonable opportunity to exploit their own work however they see fit. Unlike you, I am not basing my suggestion on whether they have made "enough" money, I am basing it on the practicalities of exploiting creative work.

      And do they not provide a valuable service - that of putting the words in a tangible form and then distributing it to you so that you can read it while sitting on the toilet? Are you saying that they do not deserve to profit from such work?

      Apparently you regard the service of printing and distributing a book to be far more valuable than the service of actually creating the words which go into that book. You must love the phone book - it's totally free and has a huge number of excellently printed words in it.

      --
      Read Pynchon.
    7. Re:10 Years, not Infinity+ years by Tikkun · · Score: 4, Funny

      Am I the only person laughing at the concept of copyright on jazz music?

    8. Re:10 Years, not Infinity+ years by Tikkun · · Score: 4, Insightful

      What I like is the implication that you somehow have a right to their work

      The same reason you have the right to use the English language.

      The same reason you can use ideas that you've heard elsewhere and repeat them verbatim or modify them based on other ideas that you've heard/read or thought up. All without paying someone for the use of an idea that they "came up with". How on earth can we have conversations if people that come up with ideas aren't paid a licensing fee each time they're used?

      No one would ever think about something and speak their mind without direct monetary compensation! In fact, I'm not really posting an idea that has been rehashed on slashdot again and again and again, I'm really just a twitter sockpuppet.

    9. Re:10 Years, not Infinity+ years by Dun+Malg · · Score: 4, Interesting

      someone like that not receiving any royalties (even if they are dead, the royalties being left to whomever they willed it to or whatever) isn't fair.

      I wonder, how many times does it have to be pointed out that the copyright clause isn't about "fair" or authors "getting their due"? It's right there in the bloody constitution. It's about being just enough enticement to encourage people to create these works in the first place so as to enrich the public domain to the maximum degree. If Emily-dang-Dickenson wrote 1800 poems without making money off but a few, then obviously the enticement was adequate.

      --
      If a job's not worth doing, it's not worth doing right.
    10. Re:10 Years, not Infinity+ years by gnasher719 · · Score: 5, Insightful

      The benefit to the patent holder is supposed to be a head start in the market by allowing them to establish name recognition and other first mover advantages, not to milk customers in a non-competitive market for near forever. When the country began, it took much longer to develop and execute a plan to enter the market. Now days, if you can't get your foothold in a year or two, you never will. If fewer companies see shorter patents worth applying for, all the better.

      There isn't supposed to be any advantage for the inventor. An inventor used to be free to keep his invention secret, and milk it for all it is worth. You are absolutely free to make an invention, don't show it to anyone, and turn it into products making tons of money forever because nobody is capable of reproducing it. Patents are a bargain that the government allows you to make: You publish your invention, so that the world can learn from it and improve the state of art instead of it being away, and as exchange for that information, you get a limited monopoly.

      That exchange doesn't work anymore. If you look at patent applications, what the patent applicant publishes will usually not give anything of use to the world, so giving him a limited monopoly in exchange for useless information is pointless.

      What the patent examiners should really decide is: Does the publication of this patent benefit society in a sufficient way to justify giving the applicant a limited monopoly? If not, they should tell the applicant: Go away. Do with your invention whatever you like. Keep it secret, hide it away, we don't care.

  4. Read it Online, Free by Bob9113 · · Score: 5, Informative

    They put their mouths where their money is, or something like that (too late in the day to be properly witty). Read it online for free.

    http://www.dklevine.com/general/intellectual/against.htm

    1. Re:Read it Online, Free by Anonymous Coward · · Score: 5, Informative

      That link is 2 versions old (from 2005), here's the newly released one:

      http://www.dklevine.com/general/intellectual/againstfinal.htm

  5. Wrong by seanadams.com · · Score: 5, Insightful

    This vile proposal threatens to sacrifice shareholder value on the altar of the progress of the useful arts!

    Shareholders benefit because their money isn't going into lawyers pockets, and being lost to the invisible, incalculable cost of hindered progress.

    (yes I know you were being sarcastic. Sadly, that is actually the majority sentiment on this issue.)

  6. Genius... by brian0918 · · Score: 5, Insightful

    "They are calling on Congress to grant patents only where an invention has social value"

    And of course, such a thing as "social value" can be easily determined before the product has the ability to hit the market...

  7. Re:Why bother inventing... by maugle · · Score: 5, Insightful

    While I agree that it has its uses, the current infinity-bazillion-year copyright goes way too far.

    Protecting your work from duplication for a time, allowing you to make money and, hopefully, finance future works? Good!
    Creating one successful work and living off it for your whole life while preventing anyone else from improving on it? Terrible, and sadly what we're dealing with today.

  8. Re:Why would we listen to economists? by Max+Littlemore · · Score: 5, Insightful

    Your post starts with the assumption that simply because they are economists they are not worth listening to before suggesting critical thinking as a positive thing that most of the slashdot readership do not engage in. This is either an example of an American not understanding irony or a brilliant piece of irony.

    You then use the term 'reds', an old propagandist word, as if 'reds' are inherently bad before highlighting "China's lack of respect for IP" as if IP has real meaning beyond your own mindset, as if it is a part of reality that exists outside of you political environment. In doing this you demonstrate that you are not flexible enough to think within the bounds defined in the fine article which has clearly stated that intellectual property is a modern propagandist word.

    Even if you disagree with that premise, it is important to take that concept on, suspend disbelief if you will, in order to understand the whole point of what they are saying. You are unable to do this, apparantly incapable of critical thought, so you can only miss the point.

    Oh, and the 1950's called. They'd like their bigotry back.

    --
    I don't therefore I'm not.
  9. Copyright definitely kills innovation by systemeng · · Score: 4, Interesting

    I went to ye olde library today to get copies of 2 Articles from the Journal of Applied Polymer Sciences, a Wiley Interscience Publication. Xeroxing the articles under fair use from the library was free for me.

    The Whiskey Tango Foxtrot Moment came when I checked online to find out how much it would cost to subscribe to the journal. I thought someone misplaced a decimal point: $23,245 a year is the institutional subscription rate! That's about what I paid yearly in college tuition back when I was in college. Even worse, it's almost the value of the lab equipment I'm using in the work I've been doing on my own time.

    1. Re:Copyright definitely kills innovation by grenthar · · Score: 4, Informative

      You obviously have _ZERO_ idea how academic publishing works. Scientists usually have to pay hefty fees to submit their work to a journal. After that the papers are peer reviewed by other scientists. You might think the scientists who do the reviewing get paid. In fact they do not, it is typical to do this for free. Scientists want their work to be out there and be used by other people, who will then cite their work. When their work gets cited they gain standing and can get better jobs. Making it impossible for other people to get their hands on their research is definitely not in the author's interest. Furthermore, a good deal of research is paid for by tax or phianthropically funded grants. Yet another reason the results ought to be freely available.

  10. Re:Different length for different product - by QuantumG · · Score: 4, Insightful

    A lot of old 8 bit software we grew up with won't even run on most modern platform, but they're still "protected."

    One is due to the other.

    --
    How we know is more important than what we know.
  11. Re:Why bother inventing... by Timothy+Brownawell · · Score: 4, Insightful

    ... or writing if someone else can come along and make money off your invention.

    Because you also make money off it.

    Just imagine if Wal-Mart could print and sell and book they wanted without permission from the author or the publisher. What if they could take your program or product, have it made in China for a tenth of your cost and sell it for their own profit.

    Good for them. If there's enough volume for them to do this profitably, then I've probably already made enough money and can move on to something else.

    If I come up with a unique and new idea, it's mine (or at least it belongs to the company I created it for.)

    Why? And what happens when someone else has the same idea later, should they be denied the right to their own thoughts?

    Patents and copyright exist to ensure that the creator is protected. Sure there are problems with the way things are now, where patents are being given a little too freely, but to abolish copyrights and patents altogether is just absurd.

    This protection comes at the public expense. And since it appears that this expense is greater than the benefits resulting from the protection, not abolishing copyright and patents is what is absurd.

  12. Thomas Jefferson by falconwolf · · Score: 5, Informative

    Below is a fitting quote from a letter that Thomas Jefferson wrote to Isaac McPherson ( http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html )

    Thomas Jefferson was originally against copyrights and patents but his beliefs evolved. In correspondence on 1790 June 27 to Benjamin Vaughan he wrote:
    "An act of Congress authorising the issuing patents for new discoveries has given a spring to invention beyond my conception. Being an instrument in granting the patents, I am acquainted with their discoveries. Many of them indeed are trifling, but there are some of great consequence which have been proved by practice, and others which if they stand the same proof will produce great effect."

    Falcon

  13. Re:The flip side of monopoly abuse by gnasher719 · · Score: 4, Informative

    The other side is that many companies refuse to pursue innovations unless they see parts that can be patented to lock in the monopoly returns. Lesser profits just aren't worth the trouble of pursing innovation as they see it these days.

    You've got that completely wrong. Due to the fucked up nature of the US patent system, patents are valuable to a company. Either for blackmailing companies that produce actual value, or for preventing blackmail from competitors. There is no innovation behind them.

    My company tries to get patents exactly for the reason to prevent blackmail from competitors, who have patents in the same area. That works quite fine, as long as our competitors are doing well because when they are doing well, they can't afford mutual destruction by patent lawyers. Where it goes wrong is in a case like RIMM, where they totally beat their competitor in the market place, so their competitor had no reason anymore to be afraid from RIMM's patent, and could use their own patents in an offensive way.

    The reason why my company innovates is not because of patents, it is because we want to offer our customers competitive products, so that they buy ours and not our competitors, and that way we make money. We do _not_ innovate to get patents. We do, however, like everyone else, turn our innovation and also our failed innovations into legalese to get patent.

  14. Re:The flip side of monopoly abuse by debatem1 · · Score: 5, Insightful

    Ok, I'll step into the flamewar.

    When I see Enron and AIG and all pretty much lying to investors' faces, deliberately abusing the notion of deregulation, and eventually destroying tens of thousands of peoples lives, homes, and savings, I don't sit down and think "damn regulations!".

    Maybe I should. Maybe you're right and all the work that the EPA does, and DHEC, and the FDA- maybe it's all just a false savings, and the market could correct against them without government interference.

    Obviously, though, I wouldn't be writing this screed if I thought that were the case. I appreciate the phenomenal theoretical beauty of the informed participant model, both from a political and economic standpoint, but I cannot completely agree with it in practice. The fact is that liars are common, and their art is highly profitable. Deception, known in some circles as "marketing", is the bane of that theory, and the backbone of the modern economy. Add to that that our system is rife with the local dependencies that obliterate the free exchange of goods and services demanded by the founders of Enlightenment thought, and I simply cannot agree that economic issues should be allowed to ride roughshod over the social concerns of the day.

    So when I hear someone ranting about regulation, I have to stop and think- has this person never worked minimum wage? Never pondered the implications of the forty hour work week, or of working 80 hours at the age of 8? It seems foolish- shortsighted- for us to sit in the midst of our comfortable lives, griping about the difficulty of accruing more comfort, and pondering enacting a system virtually guaranteed to grind the comfort from our lives. Do you think we would live so well without those protections? If so, how? And how can you be sure that that is true for society in general, rather than just yourself, or me? I look forward to hearing your answers.