intellectual monopolies

Saving the Intellectual Commons with Open Source

Regular readers of this blog will know that I am not a fan of the term “intellectual property”, and that I prefer the more technically correct term “intellectual monopolies”. Despite that, I strongly recommend a new book from someone who not only approves of the term “intellectual property”, but of its fundamental ideas. I do so, however, because this avowed fan also has serious reservations....On Open Enterprise blog.

The BBC Blows it Again

More incisive reporting from the BBC - not. This time, it concerns the move to extend performers' copyright from 50 to 70 years. The UK Government - to its credit - is resisting, because it makes no sense economically: copyright is meant to encourage *new* creation, not reward existing work. Increasing the copyright term will cannot encourage people who have already created (absent time machines), offers marginal additional incentive to those who might create, but represents a massive loss for the public domain. Alas, the musicians - and the BBC - don't seem to get this:

The Chinese Overlords of Intellectual Monopolies

This looks tiny: A Chinese Internet company has sued Microsoft for patent infringement over its use of RSS* in Windows Vista. Wang Jianbo, chairman of China E-commerce Info Tech Company, said his firm applied for a patent on RSS services in 2005 and was granted patent ZL 2005 1 0022721.3 in December 2007 from China's State Intellectual Property Office (SIPO). Wang says Microsoft adopted RSS technology in Vista without his company's authorisation.It's actually huge. Here's what is going on.

The Economic Impact of Software Patents

The UK's Patent Office – which now goes by the awful name of UK Intellectual Property Office, which means it's really the UK Intellectual Monopolies Office – is a curious beast. On the one hand, as its name suggests, it's tied into one of the biggest confidence tricks around, dressing up conceptual mutton as intellectual lamb. On the other, there are odd outbreaks of sanity that suggest someone in there understands some of the deeper issues concerning software patents....On Open Enterprise blog.

Of Patents and Property

As long-suffering readers of this blog will have noticed, one of my favourite hobby-horses is that the whole idea of "intellectual property” is a trick, designed to plug into the warm and fuzzy feeling most people have about the idea of property, and aiming to cover up the fact that what we are really dealing with here are intellectual monopolies – of which few people are fans....On Open Enterprise blog.

Banking on Imaginary Assets

Haven't banks learned *anything*? In 2006, the Bank of Communications Beijing Branch began offering loans to Chinese SMEs secured against IP assets. Since then 37 companies have borrowed a total of over 400 million yuan (around $58.5 million) in 44 separate deals. And not one has defaulted.Yet. When banks start lending money against IP assets, it has to be a pretty positive sign. I know that banks have a pretty poor reputation these days, but they are not going to make cash available to companies if they do not think that they have a very good chance of getting it back; or, if they do not, that they can recover the money in other ways.

ACTA of Hypocrisy

I've written several times about the mysterious Anti-Counterfeiting Trade Agreement (ACTA), which is currently being negotiated behind closed doors, with little or no input from proles like you and me. Despite efforts to present us with a fait accompli, it seems that the Very Important People who are working on this are getting slightly rattled by the increasing criticism of both the process and the likely result. For the fine site Digital Majority has managed to get its mitts on a leaked document put together by the European Commission in a desperate attempt to head off that growing discontent.

Open Source Invention

Here's an interesting point about a new trend in "publishing" inventions directly to YouTube: This is a very good article in the New York Times about publicising inventions via Web 2.0 tools like YouTube. The piece concentrates on Dr Johnny Chung Lee, a 28-year-old inventor who became a YouTube celebrity by posting Wii hacks, including how to make a muilti-touch whiteboard, and the mind-boggling video on generating real 3D gaming experiences. The videos went viral, and attracted 2 million and 6 million views respectively. ...

The EPO's Reductio ad Absurdum

I've written a lot about the danger that software patents pose to open source. The problem is that intellectual monopolies like patents are fundamentally incompatible with the idea of unfettered exchange of ideas, and the possibility that software patents might be strengthened within the European Union is a serious concern....On Open Enterprise blog.

Libelling Larry Lessig

Wow, outrageous: Although it is unclear at this point who Senators Obama and McCain might choose, AAP believes it essential that key officials who will deal with intellectual property issues in a new administration have a full understanding of the importance of intellectual property rights for those who hold these rights and for broader U.S. economic and trade interests. AAP is concerned, for example, that based on their past academic relationship, Senator Obama might choose among his appointments a divisive figure such as Larry Lessig - a law professor and leading proponent of diminished copyright rights.

Surely Shome Mishtake?

People seem a little confused here: Please note: this article is password protected and only available for IP-Watch Subscribers. ... This work is licensed under a Creative Commons License. All of the news articles and features on Intellectual Property Watch are also subject to a Creative Commons License which makes them available for widescale, free, non-commercial reproduction and translation.Or maybe they mean the statement that the article is password protected is under a CC licence... Anyhow, this confusion about intellectual monopolies is highly appropriate, given the subject-matter of the article:

Why Mono and Samba Are Patently Different

Here's a very good question: why are people (including me) nasty to Mono, but nice to Samba? On Open Enterprise blog.

The Perils of Intellectual Monopolies, Part 6574

Ever drawn a car? Be careful, they might arrest you for copyright infringement: Keene Valley resident Jerilea Zempel was detained at the U.S. border this summer because she had a drawing of a sport-utility vehicle in her sketchbook. U.S. Customs and Border Protection officers told Zempel they suspected her of copyright infringement.Now, tell me again why you like intellectual monopolies so much?(Via BoingBoing.)

Openness is the Solution to the (Double) Subprime Crisis

As I listen to all this talk of lack of trust in the banking system, of inflated values ungrounded in any reality, of “opacity”, and of “contaminated” financial instruments, I realise I have heard all this before. In the world of software, as in the world of finance, there is contamination by overvalued, ungrounded offerings that have led to systemic mistrust, sapped the ability of the computer industry to create real value, and led it to squander vast amounts of time and money on the pursuit of the illusory, insubstantial wealth that is known as “intellectual property”....On Linux Journal.

Put That in Your Intellectual Monopolies Pipe...

...and smoke it: the Department of Justice has limited resources to dedicate to particular issues, and civil enforcement actions would occur at the expense of criminal actions, which only the Department of Justice may bring. In an era of fiscal responsibility, the resources of the Department of Justice should be used for the public benefit, not on behalf of particular industries that can avail themselves of the existing civil enforcement provisions.(Via Boing Boing.)

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