[Upd-discuss] intellectual property disadvantage in economic terms

[Dean Anderson]

[This should go as another reason not to use the term "intelectual property",
but rather to say exactly what laws you criticize. But I don't want to reopen
that debate now--I just want to bookmark this as an example.]

There are instances where all forms of "intellectual property" are socially
beneficial. For example, Copyright prevents a traditional fiction author from
being unfairly exploited by the people who own the presses and the book
distribution network. Patents protect inventors from unfair exploitation by the
people who have capital and factories.  However, there are _supposed_ to be
socially beneficial trades made in exchange for these protections.

The problems arise when these protections are greatly expanded well beyond their
beneficial roles, or when the exchanges are not being made.  I'd draw analogy
with police in a free society and police in a totalitarian police state.  
Having police is necessary and beneficial. But when police authority is expanded
to an abusive level, as in a police state, then that needs to be rolled back.  
But lets not pretend that having no police at all would be a good thing.  
Different types of "intellectual property" have different levels "abuse". Using
one term allows this fact to be confused, diverting attention from the validity
of your points on certain parts of the current system.

It is also true that patents, trademarks, and copyrights arose from originally
unfair, monopolistic practices.  But let me draw another analogy: Dogs were
developed by domesticating wolves.  Dogs greatly benefited society, whereas
wolves were a threat to early humans.  Of course, when people start to breed
uncontrollably aggressive dogs, and train them to attack humans, that causes a
problem that needs to be addressed. So I would compare our current problems with
Patents and Copyrights to the problems of aggressively trained PitBulls and
Rotweilers.  People are being 'mauled and bitten' by both, and it needs to be
stopped.  

		--Dean


On Tue, 10 Jan 2006, Mashilamani Sambasivam wrote:

> Hello,
>   What I meant by 'intellectual property' is knowledge
> created by a person, so what I meant was 
> all-rights-reserved-copyright and patents.
> 
>   I did not include trademark when I talk
> about intellectual property. Suppose some
> guy X does hard work and establishes a name
> for himself, in my opinion, it would be
> wrong for another
> person Y to pass off his work as X's just
> to sell cos it causes people to trust 
> him more than his due, and builds/disreputes
> X's reputation. I would say corporate entities 
> are similar to that case in trademark.
> 
> Again, I have **NOT** given much thought to
> trademark issues yet.
> These are my intial thoughts, 
> it might be much more complicated than that.
> 
> Anyway, exclunding trademark as intellectual
> property, if you have time, I would like
> your views on the slides.
> 
> Thanks,
> Masi
> 
> --- "Richard M. Stallman" <rms@gnu.org> wrote:
> 
> >       I prepared some slides which are both
> >     anti-intellectual property as well 
> >     anti-corporation.
> > 
> > I think it is simplistic to be either for, or
> > against, "intellectual
> > property".  These different laws are different
> > issues.  For instance,
> > consider trademarks.  Trademark law is one of the
> > laws called
> > "intellectual property".  I think it is very useful
> > that companies
> > have labels which their competitors can't use.  I
> > would criticize some
> > details in trademark law, but I support the basic
> > idea.  How about you?
> > 
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> >
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> 
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