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>Sorting out intellectual property and ownership is _the_ 21st century problem Uhm, no. Only for the HN crowd and maybe open source. There are a lot more and
by iSnow 11y ago
>Sorting out intellectual property and ownership is _the_ 21st century problem
Uhm, no. Only for the HN crowd and maybe open source.
There are a lot more and more pressing problems that have to do with things like the environment, food production, reproduction, migration and democracy vs. corporatism vs. ideology.
- mattlutze 11y agoAs we move away from jobs-as-sustenance and toward a new social model where sustenance and income come from a broader range of sources that do not so directly correlate to your time spent working... the respect for and ownership of intellectual property may very well be a central tenant to life in modern society. It's not just about lawyers and multinationals dukeing it out.
- colechristensen 11y agoWhich of those problems do you think doesn't already have a solution? If not, which of those do you think isn't a perpetual problem which has been around in some form or another since the dawn of human civilization? Reorganizing the world's economy away from physical works to intellectual ones is an entirely new problem and will be on the scale of the industrial revolution.
- rayiner 11y agoIt's profoundly important to the U.S. as a whole. Creation of IP is the last thing that's going to be automated by robots. It's already been tremendously resistant to production being exported to China and India. We're already at the point where the primary product of the U.S. is IP in various forms (Apple designs the computers but they're manufactured in China).
- bediger4000 11y agoWhat do you mean by "IP"? If it's "intellectual property" that strikes me (a non-lawyer) as a particularly vague and ill-defined concept. I personally find the idea of owning an idea to be risible: historically, important things have been invented or discovered multiple times, sometimes clearly independently. So, why should I as a citizen finance some monopolies that will be economically detrimental to me and to society as a whole? Seriously. I'm not pulling chains here. Economists are almost 100% against monopolies (although they often differ on what constitutes a monopoly), and "IP" is a state-supported monopoly. Why should we subject ourselves to it?
- jacobr1 11y ago> Why should we subject ourselves to it? The traditional reason is to grant incentive for its creation in the first place. One primary example has been medical advances. With the benefit of a (temporary) monopoly on the sales of a new drug, the company has an incentive to create it in the first place. Perhaps we wouldn't have as many life saving advances without IP protection. A secondary reason is that it requires public disclosure. One alternative to patent protection is to keep a production method a trade secret. So companies, if they are sufficiently secretive, could have effective if not legally enforced monopolies due to such secrets. So is it worth the tradeoff of having IP protection? COST: a time-limited monopoly; limited incremental innovation on derivatives of the protected work during the lifetime of the protection. BENEFIT: potentially more innovative goods and services are created to begin with; the means and methods behind these innovations are publicly documented for future replication or derivative work . I'm think it is worth the tradeoff both for copyright protection and patents in general. But the specific laws are certainly not optimal as currently written and enforced by the courts. Durations for both patents and copyright are too long. Plenty of things that are patentable should not be, due to them being too obvious, trivial, or just not appropriate for protection. Also the remedy for infringement has multiple options. You could allow general infringement, at statutory royalty rates. I think Canada has experimented with this for copyright, and the US as standard (but private) arrangements for the licensing of music. You could require a fraction of any profits. These provide the monopoly rents, but not a monopolization of production and derivatives. We are still learning what the optimal tradeoffs are for society. I hope we have more experimentation on regulatory regimes to identify the best compromises.
- bediger4000 11y agoThe traditional reason is to grant incentive for its creation in the first place. Most certainly, that's the nominal, and even in the USA, constitutional basis of copyright and patents. But the actual implementation over the last 100 years seems to have veered away from creating incentives, and into creating something naively akin to ownership, with state enforcement. I hope we have more experimentation on regulatory regimes Based on the CAFC's decision here, and it's history, we're only going to experiment with "more" and "stricter" regimes. We've (the USA) never really experimented with loosening "IP" monopolies, despite data and logic pointing towards shorter monopolies as closer to optimum. I'd also have to take exception the "pharmacy has benefitted from long-lasting monopolies". That's probably true simplistically (When was the last time Smith Klein Glaxo didn't turn a huge profit?) but in the manner of creating tons of medicines for The Rest of Us, it seems to have failed. India and some African countries actually allow infringing compounds, because the price of authentic compounds is set high. Also, the people of the USA pay way more for medications than most other countries. This whole topic is subject to argument, but certainly pharmacy patents relate to high prices and unavailability.
- jaredklewis 11y agoYea, but I would guess software will be pretty helpful when solving those problems.