Patents, Innovation Tax

So, what is [Intellectual Ventures] actually doing? Buying up loads of patents and licensing them to companies who calculate it’s not worth the fight is patent trolling 101. Yet the scale they’re operating on puts them on new ground, and opens new opportunities. It seems obvious to get corporate investors on board by promising them immunity from patent claims. With enough patents you stop trying to license them one-by-one and just tax each industry at some non-negotiable rate. No doubt they have more tricks I haven’t even thought of, but these potential devices really do make them a new breed of Super Trolls.

Now, I don’t really care if one company leeches off the others. But if they want to tax software, they have to attack free software otherwise people will switch to avoid their patent licensing costs. And if you don’t believe some useful pieces of free software could be effectively banned due to patent violations, you don’t think on the same scale as these guys.

Rusty Russell, “Superfreakonomics; Superplug for Intellectual Ventures.“, July 7th, 2010

I’m also opposed to software patents.

Watching Patent Absurdity: how software patents broke the system is time well spent.

Related Posts:

Government for the People Makes You Special

“It turns out that the International Intellectual Property Alliance, an umbrella group for organisations including the MPAA and RIAA, has requested with the US Trade Representative to consider countries like Indonesia, Brazil and India for its “Special 301 watchlist” because they use open source software.”

By Bobbie Johnson, “When using open source makes you an enemy of the state“, guardian.co.uk, Feb 23rd, 2010.

Canada is already “special”. We, Canadians, welcome these innovative countries!

Counterfeit Intellectual Property

What’s interesting is that there’s clearly a collateral campaign underway to support ACTA by hammering on the wickedness of counterfeiting – allowing the bait and switch game to be played again. Here’s an example:

Canada trails far behind the United States, United Kingdom, Japan and France by not enacting tougher laws and penalties for selling imported bogus goods, an anti-counterfietting conference heard yesterday.

Lorne Lipkus, of the Canadian Anti-Counterfeiting Network, said a private members’ bill will soon lobby Parliament for expanded copyright laws, seizure rights similar to those that block suspected fake goods entering the U.S., plus heavier sentences for convicted sellers and importers.

The Toronto lawyer and conference organizer estimated Canadian manufacturers lose $20 to $30 billion and thousands of jobs to cheaper knockoffs.

We are warned against “knock-offs”: counterfeit goods are clearly knock-offs, but so, in the minds of the media cartel, are unauthorised copies of copyright material. The difference between counterfeit and copyright has been subtly elided. As a result, the solution demanded for this large-scale counterfeiting of goods – clearly *physical* goods – is “expanded copyright law”.

Glynn Moody, “The Great Digital Bait and Switch“, Dec 3rd 2009

And remember boys and girls, pirates dont’ steal copyrighted ink and bytes, they kill people or work for Disney.

Licensing is the suck!

As I recently wrote the obvious, “licensing is legal, and legal things are complex”. I should have wrote, licensing is the suck!

When ever I start thinking about licensing and it being the suck, I think to Lawrence Lessig‘s keynote presentation at the annual Open Source Convention (OSCON) made on July 24, 2002. My favorite parts are:

  • Creativity and innovation always builds on the past.
  • The past always tries to control the creativity that builds upon it.
  • Free societies enable the future by limiting this power of the past.
  • Ours is less and less a free society.

O’Reilly Network — Free Culture: Lawrence Lessig Keynote from OSCON 2002

I highly recommend reading, hearing, or viewing the whole talk about a lot more than licensing that Lessig has given more than 100 times. It speaks to why licensing is the suck and presents some of the largest issues facing civilization today.