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Intellectual property

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So uncritically do we accept the idea of property in ideas that we don't even notice how monstrous it is to deny ideas to a people who are dying without them. So uncritically do we accept the idea of property in culture that we don't even question when the control of that property removes our ability, as a people, to develop our culture democratically. ~ Lawrence Lessig
There is no justice in following unjust laws. It’s time to come into the light and, in the grand tradition of civil disobedience, declare our opposition to this private theft of public culture. ... With enough of us, around the world, we’ll not just send a strong message opposing the privatization of knowledge — we’ll make it a thing of the past. Will you join us? ~ Aaron Swartz


Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law. Some common types of intellectual property rights (IPR) are trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets: all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Quotes

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  • Software's the ultimate durable good, which of course in economics makes it a very, very competitive market.
    • Bill Gates, Microsoft Chairman quoted in Washington Post, March 9, 1998.
  • The eight top Pfizer and Moderna shareholders made over $10 billion last week when their stock holdings skyrocketed after the discovery of the new Omicron variant. This comes as global public health advocates warn the world will keep seeing more coronavirus variants unless wealthy nations and vaccine manufacturers do more to address vaccine inequity. “The companies that make the most are doing the least to share their technology,” says Nick Dearden, director of Global Justice Now U.K., which is documenting Big Pharma’s profits. “The priority is making enormous amounts of money for some of the richest people in the world.”
  • The new coronavirus variant Omicron is spreading across the world at an unprecedented rate. The World Health Organization warns cases of the heavily mutated variant have been confirmed in 77 countries, and likely many others that have yet to detect it.
    With international infections climbing, the Biden administration is facing renewed demands to follow through on his now seven-month-old pledge to ensure companies waive intellectual property protections on coronavirus vaccines and share them with the world.
    Now a group of vaccine experts has just released a list of over a hundred companies in Africa, Asia and Latin America with the potential to produce mRNA vaccines to fight COVID-19. They say it’s one of the most viable solutions to fight vaccine inequity around the world and combat the spread of coronavirus variants, including Omicron.
  • If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.
    • Thomas Jefferson, Founding Father and author of United States Declaration of Independence, quoted in letter to Isaac McPherson [1].
  • Repackaged as intellectual property, the doctrines came into their own chiefly in the last three decades of the twentieth century, propelled forward in no small part by the desire for global commerce that fed the trade policies of a handful of so-called "developed nations"—foremost among them the United States. [...] The fact is that intellectual property interests lack the finite tangibility characteristics of most forms of property; things protected by copyright and patent are not "rivalrous".
  • Yet in the end, the assertion that exclusivity equals productivity is essentially thin or testimonial or theoretical, or some combination of the three, and "believe" is the operative word. We do not know in absolute act whether intellectual property regimes significantly encourage intellectual productivity, much less whether they are "necessary".
  • Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic creativity that digital technology enables.
  • So uncritically do we accept the idea of property in ideas that we don't even notice how monstrous it is to deny ideas to a people who are dying without them. So uncritically do we accept the idea of property in culture that we don't even question when the control of that property removes our ability, as a people, to develop our culture democratically.
  • Software licenses are perhaps the only product besides half-eaten food, underwear and toothbrushes, which can't be resold.
  • The future of the nation depends in no small part on the efficiency of industry, and the efficiency of industry depends in no small part on the protection of intellectual property.
  • Intellectual property theft is a widely used reason for giving China a hard time. Yet in a recent survey made by the US-China Business Council, intellectual property protection ranked sixth on a list of pressing concerns among American companies which trade with China. In 2014 China created its first specialized court to handle intellectual property cases. In 2015 plaintiffs brought before the court 63 cases. The court ruled for the foreign firms in all 63. China itself is clearly against the theft of business secrets.
  • The eight top Pfizer and Moderna shareholders made over $10 billion last week when their stock holdings skyrocketed after the discovery of the new Omicron variant. This comes as global public health advocates warn the world will keep seeing more coronavirus variants unless wealthy nations and vaccine manufacturers do more to address vaccine inequity. “The companies that make the most are doing the least to share their technology,” says Nick Dearden, director of Global Justice Now U.K., which is documenting Big Pharma’s profits. “The priority is making enormous amounts of money for some of the richest people in the world.”
  • These vaccines were created through public money — nearly $500 million of German public money from taxpayers to BioNTech, nearly a billion dollars in money from U.S. taxpayers through the government to Moderna, several billions of dollars after that in exchange for buying back vaccines at high prices. So these are very much the people’s vaccines. It’s just that they are private property.... when the Moderna CEO says, “Oh, anyone can make the Moderna vaccine,” he’s being a bit disingenuous... It’s not really possible to do that. The way vaccines work and the way regulation around vaccines work is that they need to be made with authorization and a license. Moderna and Pfizer or BioNTech... need to authorize companies to make their vaccine... to share an instruction manual as to how to do it... The problem is... it loosens Moderna and Pfizer and BioNTech’s stranglehold on these vaccines... It undercuts the massive tens of billions of dollars of profit and revenue that they can earn off selling to poor countries in the next couple of years, once they’re done with rich countries... which is why we’re asking the U.S. and German governments instead to say, “Look, in the face of this intransigence, it’s time to use emergency laws... that you can use, that you have the moral and legal power to put into effect, and end this pandemic for us and bring us out of this incredible cycle of hell.
  • The purchasing public knows no more about trademark registrations than a man walking down the street in a strange city knows about legal title to the land and buildings he passes.
    • Giles Rich, Application of National Distillers & Chemical Corp., 49 C. C. P. A. (Pat.) 854, 863, 297 F.2d 941, 949 (1962) (Rich, J., concurring).
  • I believe in intellectual property. In my view, it's the foundation of world economies, and certainly the foundation upon which Sun Microsystems was built. Copyright, trademark, patent - I believe in them all. I also believe in innovation and competition - and that these beliefs are not mutually exclusive.
  • And having said it before, let me say it again. I believe in IP. I believe in its value, both economic and social. I believe it should be protected, as any other property, as a means of fostering independence, investment and autonomy. And not just in wealthy nations - but in those struggling to build wealth or pay down debt. I believe the creation, protection and evolution of intellectual property can accelerate everyone's ability to participate in an open network...And that, surely, should be everyone's common goal with free and open source software. It's not about bringing the competition down, it's about driving global participation up.
  • There is no justice in following unjust laws. It’s time to come into the light and, in the grand tradition of civil disobedience, declare our opposition to this private theft of public culture.
We need to take information, wherever it is stored, make our copies and share them with the world. We need to take stuff that's out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks. We need to fight for Guerilla Open Access.
With enough of us, around the world, we’ll not just send a strong message opposing the privatization of knowledge — we’ll make it a thing of the past. Will you join us?
  • Whether two molecules are (dis)similar is in the eye of the beholder. Scientists look to fool the receptor - but you really want to fool the patent office.
    • S. Stanley Young (2008), assistant director of bioinformatics, National Institute of Statistical Sciences. Appearing in: Lipp, Elizabeth (2008-08-01). "Novel Approaches to Lead Optimization". Genetic Engineering & Biotechnology News (Mary Ann Liebert): pp. 20, 22. Retrieved on 2008-09-28. .

Joseph Stiglitz

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  • Innovation is important; it has transformed the lives of everyone in the world. And intellectual property laws can and should play a role in stimulating innovation. However, the contention that stronger intellectual property rights always boost economic performance is not in general correct. It is an example of how special interests—those who benefit from stronger intellectual property rights—use simplistic ideology to advance their causes.
    • Making globalization work, §4
  • One of the reasons that basic research is advanced most by not resorting to intellectual property is that while doing so would have questionable benefits, the costs are apparent. [...] Interestingly, even in software, this system of open collaboration has worked. Today we have the Linux computer operating system, which is also based on the principle of open architecture.
    • idem
  • Intellectual property does not really belong in a trade agreement.
    • idem
  • TRIPs imposed on the entire world the dominant intellectual property regime in the United States and Europe, as it is today. I believe that the way that intellectual property regime has evolved is not good for the United States and the EU; but even more, I believe it is not in the interest of the developing countries.
    • idem

See also

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Wikipedia
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