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From Mike Masnick at Techdirt:

Maori Angry About Mike Tyson’s Tattoo Artist Claiming To Own Maori-Inspired Design

Well, here’s an interesting twist on the lawsuit from Victor Whitmill over the copyright on Mike Tyson’s face tattoo. Many people have pointed out that the design appears to be inspired by the Maori, and it appears that Maori tattoo experts think Whitmill doesn’t deserve anything at all:

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Update: Will WB Digitally Remove The Tattoo From THE HANGOVER PART II Video Release?; EXCLUSIVE: ‘Hangover II’ Tattoo Lawsuit: Warner Bros. Will Alter DVDs If Case Doesn’t Settle Soon (h/t Roderick Long).

(See The Patent, Copyright, Trademark, and Trade Secret Horror Files for other examples of IP outrages and absurdities including other tattoo cases.)

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Cory Doctorow Interview Pt 1 – London Book Fair 2011

BookBaby president Brian Felsen sat down with Cory at the London Book Fair to discuss digital rights management, creativity, eBook distribution, and why all the current shifts in the publishing industry should matter to you. There are a lot of different ways you may’ve heard of Cory Doctorow by now: blogger, journalist, editor of Boing Boing, activist, panelist, author of Down and Out in the Magic Kingdom.”

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How Intellectual Property Hampers the Free Market

How Intellectual Property Hampers the Free Market,” The Freeman (May 25, 2011), republished as “How to Slow Economic Progress,” Mises Daily (June 1, 2011) (archived comments below).

This article was based on my talk “How Intellectual Property Hampers Capitalism,” Mises Institute Supporters’ Summit 2010: “The Economic Recovery:  Washington’s Big Lie” (Oct. 9 2010, Auburn Alabama). The talk is available at KOL061 | “How Intellectual Property Hampers Capitalism” (Mises Institute 2010).

Youtube:

Archived comments:

Tony Fernandez May 25, 2011 at 2:26 pm

But what’s the point in creating if you can’t secure monopoly rights? Creative thinking just isn’t taught in schools.

REPLY

coturnix May 26, 2011 at 10:19 am

What is the point of doing science, if science can’t be privatized in principle, just by the way of its own nature?

REPLY

Tony Fernandez May 26, 2011 at 2:35 pm

I was being sarcastic, if you couldn’t tell.

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How Intellectual Property Hampers the Free Market

My article How Intellectual Property Hampers the Free Market, just appeared in the latest Freeman (June 2011; pdf). It is based on my talk “How Intellectual Property Hampers Capitalism,” Mises Institute Supporters’ Summit 2010: “The Economic Recovery: Washington’s Big Lie” (Oct. 9 2010, Auburn Alabama), video below.

Update: republished as “How to Slow Economic Progress,” Mises Daily (June 1, 2011)

[Mises]

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The Corrosive Effects of IP

From Rob Wicks at The Libertarian Standard:

The Corrosive Effects of IP

by Robert Wicks on May 24, 2011 @ 7:47 am · 0 comments

in Corporatism,IP Law,Pop Culture,Protectionism

Libertarian thought has largely moved against IP in recent years, largely due to the groundbreaking work of Stephan Kinsella. Kinsella’s work is a powerful defense of genuine property rights and a thorough repudiation of government-granted monopolies. One of the overlooked implications of the rights violations inherent in intellectual property laws is the terrible effect of copyright laws and government spectrum licensing on culture.

Social conservatives have long attacked the media for promoting immoral behavior. This is often quite correct. Their statist worldview has made them ill-equipped to understand the nature of the problem, and the correct solution. With laws which establish monopolies, a number of problems naturally follow. Let me illustrate this by comparing the world of professional music today and about 200 years ago. During the days of Beethoven and Mozart, musicians earned a living from performances, patronage, and, perhaps most importantly, teaching. In a world without public schools, they taught the children of the wealthy. This required them to present themselves to those people in a way which would appeal to them. Contrast that with today. Musicians are promoted by a few major record labels, and intellectual property laws mean that they have to be paid whenever their works are played or purchased. There is a greatly diminished requirement for ongoing work and constant customer relations. The fact that a relatively few people who run the labels and own the radio and television stations, act essentially as gatekeepers to popular culture, means that a tiny cabal of entertainment executives are able to drive the culture down paths of their choosing. IP, spectrum licensing and other media regulations are largely to blame for the oft-cited decline of Western culture.

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Canada’s Founders Debated Justification for Patents

Interesting post on Mises blog by Skip Oliva. Note that Canadian Sen. Jean-Charles Chapais, the agriculture minister, in introducing legislation for a Canadian patent law in 1869, readily admitted the monopoly nature of patents:

It must be remembered that a patent is a kind of monopoly, though he did not mean to say that the word monopoly should be taken in its fullest sense, but nevertheless it is a monopoly, because it gives to a man the right of manufacturing or vending alone, an article useful to the public; certainly there was great reason for granting this monopoly.

 

Today I was perusing the historical debates of the Parliament of Canada and I found a spirited argument took place during the 1869 session over the creation of a uniform patent system. (Prior to the confederation of Canada two years earlier, the separate colonies had their own patent laws, which varied as to terms and eligibility.) Conservative Prime Minister John A. MacDonald’s government proposed a broad patent law allowing any Canadian resident to obtain a patent for a term of up to 15 years — three five-year terms, renewable at the patent-holder’s option.

There was no confusion among Canadian leaders that patents were a state-granted monopoly privilege. Sen. Jean-Charles Chapais, MacDonald’s agriculture minister, introduced the 1869 legislation on the government’s behalf:

It must be remembered that a patent is a kind of monopoly, though he did not mean to say that the word monopoly should be taken in its fullest sense, but nevertheless it is a monopoly, because it gives to a man the right of manufacturing or vending alone, an article useful to the public; certainly there was great reason for granting this monopoly. It was to encourage men of genius to work for the benefit of the public by rewarding them for their labour. But when once such discoveries are made, he did not see what right a person who has made the discoveries has to come and ask to have that exclusive right extended. When he got his patent for a particular place or province he was circumscribed, and considered himself sufficiently rewarded.

Sen. Jonathan McCully, an opposition Liberal who was one of the drafters of Canada’s constitution, challenged Chapais’s claim that patents were ever in the “public interest”:

He believed the true interest of the country would be best subserved by no Patent Law at all. (Hear, hear.) He believed that patents were always in the interest of inventors and not in the interest of the public. If [Chapais’s] position was sound that a Patent Law is for the interest of the public, then why limit the period for granting a patent to fifteen years? Why not give the inventor the right for life? It is said the man who invents a thing has the same right to that invention, as the man who has created a thing. To carry out this theory, they might limit the time a man is to use his property.

To limit the time of holding a patent is suicidal to the argument that patents of invention are in the interest of the public. He would ask what position we would be in if Patent Laws had existed, and inventions on patents were in full force in all parts of the world. Why, all inventions in connection with steamboats and railroads could not be used at all, because every man would have a patent for a different application of steam for industrial pursuits. That was one of the reasons why he doubted the soundness of the principle, that Patent Laws were in the interest of the public. It was well known that the people of this Dominion were in the enjoyment of the inventions of other countries free from all restrictions.

There was considerable opposition to allowing foreigners to claim patents. The final bill only required “residency” within Canada but not citizenship. In 1866 the United States had abandoned a longstanding reciprocity treaty with Canada, and even the MacDonald government acknowledged unrestricted patent rights would serve as a weapon of international trade. As one member of the House of Commons noted during debate: “If the privilege of getting patents were granted to American citizens we would in many cases have to pay a higher price for articles than we now did; he knew of one machine which could be got here for $450 which, if covered by a patent, would cost $1,000.”

(My thanks to Kady O’Malley of the CBC for sharing the link to the Parliament of Canada’s Reconstituted Debates web archive.)

Update: See also Fritz Machlup & Edith Penrose, “The Patent Controversy in the Nineteenth Century,” J. Econ. History 10, no. 1 (May 1950): 1–29 and Fritz Machlup, U.S. Senate Subcommittee On Patents, Trademarks & Copyrights, An Economic Review of the Patent System (85th Cong., 2nd Session, 1958, Study No. 15; https://mises.org/library/economic-review-patent-system), Part IID, “The victory of the patent advocates (1873–1910).

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Adam the Man vs. IP

At the same time the vested interests try to ratchet up and expand IP,1 anti-IP awareness is spreading. Jeff Tucker emailed me about an anti-IP post from the Adam Smith Institute, which was then itself carried on the Christian Science Monitor, exclaiming “This is what a revolution looks like!” And just today I had this post from the Black Agenda Report called to my attention, Who You Callin’ A Pirate?!?! (alternate link). There’s also a growing internet furor over the RIAA’s attempts to obliterate the Fourth Amendment by seeking legislation to permit the po-po to conduct warrantless searches of suspected copyright infringers. The RIAA has become an agent of the state.

Just tonight I appeared on Adam vs. the Man (Episode #28), a great show hosted by Adam Kokesh on the RT network. He has a great segment arguing for IP abolitionism, and had me on as a guest near the end. The video is below.

***

[Mises]

  1. See Son of COICA: New Copyright Bill Introduced; The Mountain of IP Legislation. []
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Rapunzel and Copyright

Jeff Tucker has a great commentary on the new movie Tangled (based on the Rapunzel story) at Mises.org, and has this nice insight:

Of course the original is in the public domain by now, just as with all the great Disney blockbusters. Not all are improvements on the original, but this film certainly is. Sometimes 2.0 is just much better than 1.0, and here we see the big problem with intellectual-property protection. It freezes the first release as the only release for up to several generations. Improving and adapting are made against the law. This is not a problem if you use a story that is old enough. But why should society have to wait 100 years to get a better version of the original? Why should we have laws that artificially slow the pace of progress?

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Interesting post from Mike Masnick at Techdirt (this case and others also discussed in the most recent This Week in Law; for another ridiculous tattoo case, see Tattoo Artist Sues NBA Star for Copyright Infringement). Consider a variation on this case: Tyson hires a guy to tattoo him, and the tattooist uses someone else’s design. Is it so hard to imagine that original artist suing Tyson and asking the court to force Tyson to undergo a procedure to remove the tattoo?  IP is indeed slavery. (See The Patent, Copyright, Trademark, and Trade Secret Horror Files for other examples of IP outrages and absurdities including other tattoo cases.)

Guy Who Did Mike Tyson’s Tattoo Sues Warner Bros. For Copyright Infringement

from the well-that-was-quick dept

It really was just a couple of weeks ago that we asked the (we thought) hypothetical question of who owns the copyright on a tattoo, and noted it would be a good question for a law school exam. We did mention one case, but it was settled out of court. Now we may have another. Apparently the artist who designed the tattoo on Mike Tyson’s face is suing Warner Bros. and seeking an injunction to block the studio from releasing the upcoming movie The Hangover 2. In that movie, Ed Helms apparently ends up with a tattoo quite similar to Tyson’s (Tyson appeared in the first Hangover movie).

The tattoo artist, S. Victor Whitmill, did in fact register the design with the Copyright Office, and even got Mike Tyson to sign a release making it clear that Whitmill retained the copyright on the work. I would think that Warner Bros. has a number of potential defenses here, including parody fair use. It’s certainly difficult to claim that this movie in any way diminishes the market for the original tattoo. My guess is that there may be some sort of quick settlement with Warner Bros. paying off Whitmill to make this go away, which is exactly what Whitmill wants. However, if it does go to court, we can see how good all of you were at answering that law school exam question we posited…

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Patents Cause Spam

Lew Rockwell has a fantastic article on Mises.org today, The Google Pharm Case. Rockwell observes that the pharmaceutical industry is a cartel, not a free market:

The only way to maintain a cartel is through government regulations, and this is what the pharmacy industry has long relied upon, much to the detriment of consumer well-being. The attempt to crack down on free-market advertising of prescription drugs is all about protecting an industry from competition, and has nothing at all to do with protecting the consumer.

He also makes the extremely insightful point that patents, and the FDA process, in inflating the price of prescription drugs and restricting access to them, are a major cause of much email spam, such as the barrage of ads for V**gra and so on (the name of which I make to avoid spam filters!):

It is not a coincidence that so much Internet spam comes from companies that purport to be selling drugs that people do not necessarily want to get from their doctor. There are privacy concerns. There’s also a perfectly normal desire to avoid embarrassment. But the government will have none of it: you must confess to a doctor; you must look the drugstore clerk in the eye.

People commonly blame the markets for all this spam, but they really should have been fingering the government for having created the black and grey markets for these drugs in the first place! This is what creates the incentives to dump trillions of unsolicited emails on the world. The spammers knew that their product was valued, but without normal markets they resorted to globalized promotions.

In fact, this is why Congress made spam illegal. The antispam law had absolutely nothing to do with keeping your inbox clean. It was all about protecting the medical monopoly against competition.

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Geoffrey Allan Plauché called to my attention this letter from back in 2007 from sci-fi author Howard V. Hendrix, the then VP of  the SFWA, explaining why he wasn’t going to run for President. The letter is an unintentionally funny, jaw-droppingly ludditish rant against technology and the Internet, in which he disparages authors who put their work online for free as “webscabs” (obviously, no one paid him to write his letter–oh, the irony). As Plauché mentioned to me, author Michael Stackpole eviscerates Hendrix’s screed episode of his “The Secrets” podcast “for serious writers”. Here’s an excerpt of Hendrix’s letter:

In another way too, though, I feel that the organization and I are moving apart at the moment. More and more of SFWA’s business is internet mediated. I’ve spent several thousands of hours doing SFWA business online during my Western Regional Director and Vice President years. As a result I’ve developed an almost allergic aversion toward all things nettish, including what I’m doing right now.

I think the ongoing and increasing sublimation of the private space of consciousness into public netspace is profoundly pernicious. For that reason I don’t much like to blog, wiki, chat, post, LiveJournal, or lounge in SFF.net. A problem with the whole wikicliki, sick-o-fancy, jerque-du-cercle of a networking and connection-based order is that, if you “go along to get along” for too long, there’s a danger you’ll no longer remember how to go it alone when the ethics of the situation demand it.

I’m also opposed to the increasing presence in our organization of webscabs, who post their creations on the net for free. A scab is someone who works for less than union wages or on non-union terms; more broadly, a scab is someone who feathers his own nest and advances his own career by undercutting the efforts of his fellow workers to gain better pay and working conditions for all. Webscabs claim they’re just posting their books for free in an attempt to market and publicize them, but to my mind they’re undercutting those of us who aren’t giving it away for free and are trying to get publishers to pay a better wage for our hard work.

Since more and more of SFWA is built around such electronically mediated networking and connection based venues, and more and more of our membership at least tacitly blesses the webscabs (despite the fact that they are rotting our organization from within) — given my happily retrograde opinions, I felt I was not the president who would provide SFWAns the “net time” they seemed to want at this point in the organization’s development, or who would bless the contraction of our industry toward monopoly, or who would give imprimatur to the downward spiral that is converting the noble calling of Writer into the life of Pixel-stained Technopeasant Wretch.

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Who’s Suing Whom in the Telecom World

The picture below (from this Flickr feed) illustrates the large number of lawsuits between players in the telecom sector–most seem to be patent infringement suits or suits based on antitrust law, i.e., totally without merit and a complete waste of resources. Without patent and antitrust law, we would have a less wasteful, less litigious, more competitive market. This ain’t the result of capitalism, but of unlibertarian state law. (H/t Jock Coats)

Update: For some other interesting charts, see the one below, from Ideas Are Free: The Case Against Intellectual Property.

Nokia suit

[Mises]

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Son of COICA: New Copyright Bill Introduced

From Center for Democracy and Technology:

Son of COICA: New Copyright Bill Introduced

by David Sohn

May 12, 2011

Senator Leahy introduced revised legislation today to target websites aimed at enabling copyright and trademark infringement.  Last year, the bill’s acronym was COICA, and CDT and others raised major concerns about it.  As of today, the bill is officially back in play – albeit with a catchier new acronym (“PROTECT IP”) and a number of more substantive changes.  Those changes narrow the bill’s reach in some respects, reflecting a welcome effort to address concerns about the scope of the bill. At the same time, the new bill adds some new remedies and continues to feature domain-name-blocking provisions that CDT has warned against.In terms of scope, this year’s bill appears to do a much better job of tailoring its definitions to target true bad actors.  As a result, there is less potential for the bill to inadvertently sweep in legitimate websites.  This is an important improvement, since last year’s definition could have applied quite easily to lots of multi-purpose and user-generated-content sites.  In addition, major parts of the new bill no longer apply to sites registered through U.S.-based registrars and registries.  That’s a helpful limitation (though it is mostly a reflection of the fact that ICE is already asserting legal authority to seize domestically registered names – using a process that carries policy questions of its own).  The new bill also includes welcome language to ensure it won’t have the practical effect of watering down the DMCA safe harbor.   CDT appreciates Senator Leahy’s willingness to listen to CDT and other critics and to make these important changes.

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Carson: Intellectual Property is Murder

Fantastic post by Kevin Carson:

Intellectual Property is Murder

Posted by Kevin Carson on May 11, 2011 in CommentaryComments (0)

Among the terms of a so-called “free trade agreement” between the European Union and India is a requirement for “data exclusivity” which will eviscerate India’s generic drug industry.

“Data exclusivity” means that the clinical trials conducted before marketing by company that originally produced the drug cannot be applied to meet the safety or efficacy requirements for the generic version.  Each separate company that wants to market a generic version of a patented drug will first be required to conduct its own clinical trials as a precondition.  This directly contradicts one of the arguments commonly put forward by patent apologists — that patents are an antidote to trade secrets because they require openness as a condition of obtaining a patent.

This won’t just be a death sentence for people in India who can’t afford to pay tribute to the owners of state-granted patent monopolies.  It will spell the doom of people in such countries as South Africa and Brazil, where the distribution of cheap medicine for treating HIV has depended on the output of India’s generic drug industry.

Let’s be clear on something:  Those who call this abomination a “free trade agreement” are liars.  It’s like calling the Nuremberg Laws a civil rights act.  The people in the drug industry and their lackies in Washington and Brussels heap coals of fire on their own heads every time the words “free trade” come out of their filthy, lying mouths.

Those who claim that drug patents are necessary to recoup the expenses of developing drugs are wrong.  The patent system skews R&D toward gaming the patent system rather than developing the most effective drugs.  First of all, there has been a dramatic shift away from fundamentally new kinds of blockbuster drugs, because it’s much more cost-effective to put money into tweaking the formulas of drugs whose patents are about to expire just enough to qualify for repatenting them — so-called “me, too drugs.”  Second, a great deal of the basic research on which drug development is based is carried out at government expense in publicly funded universities.  Around half of the overall cost of drug R&D is taxpayer-funded.  And in the United States, under the terms of legislation passed in the 1980s, the patents on drugs developed entirely at taxpayer expense are given away — free of charge — to the drug companies that produce and market them.  Third, most of the actual R&D cost for developing drugs comes, not from testing the version of a drug actually marketed, but from securing patent lockdown on all the other major possible variants.

Another example of the same phenomenon is Monsanto’s patents on “high-yield varieties,” one of the ostensible benefits of the so-called “Green Revolution.”  Such varieties, as Frances Moore Lappe has pointed out, are more accurately called “high-response varieties.”  That is, they’re not hardy or resilient under the normal conditions experienced by local peasant subsistence farmers, like native varieties that were developed over the course of many generations to be hardy under local conditions.  Rather, they’re engineered to produce high yields under artificial conditions like heavy applications of expensive synthetic fertilizer and government-subsidized irrigation water.

“High-yield” seeds like Monsanto’s genetically modified varieties, in other words, are ideally suited to the needs of large-scale cash crop agribusiness on plantations owned by sundry landed oligarchies around the Third World — usually on land stolen from evicted peasants whose traditional titles to subsistence plots were nullified — with preferential access to government-subsidized irrigation.  So Monsanto’s seeds are associated with a particular business model which is rendered artificially profitable by the state against subsistence production.  The practical effect is to shift production from widely distributed small subsistence holdings to large-scale commercial production for the export or urban markets.  Under pressure of eviction (essentially a modern-day reenactment of the Enclosures) and state-subsidized competition, people who were formerly able to feed themselves on their own land now lack the purchasing power to buy food from the landed oligarchs’ agribusiness plantations.

And Monsanto’s patents, which criminalize saving seed, add insult to injury by insuring that the seeds remain too expensive for any small producer who might otherwise be able to afford them.

The words “intellectual property” should be emblazoned on the standards of two horsemen of the apocalypse:  pestilence and famine.

Violating copyright and patent claims is sometimes called “theft” by apologists for IP.  The exact opposite is true:  “Intellectual property” is theft.  But more than that, it’s murder.

 

C4SS Research Associate Kevin Carson is a contemporary mutualist author and individualist anarchist whose written work includes Studies in Mutualist Political Economy, Organization Theory: An Individualist Anarchist Perspective, and The Homebrew Industrial Revolution: A Low-Overhead Manifesto, all of which are freely available online. Carson has also written for such print publications as The Freeman: Ideas on Liberty and a variety of internet-based journals and blogs, including Just Things, The Art of the Possible, the P2P Foundation and his own Mutualist Blog.

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