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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."

15 of 597 comments (clear)

  1. Their site/blog by XanC · · Score: 5, Informative
  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 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.

  3. 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

  4. 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.)

  5. 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...

  6. 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)

  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. 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.

  10. 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?

  11. 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

  12. 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.

  13. 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.