Scarcity, Monopoly, and Intellectual Property

Posted by richrobinson 11 years ago to The Gulch: General
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Interesting discussion on IP rights. Not sure I agree.


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  • Posted by dbhalling 11 years ago in reply to this comment.
    Who determines it - metaphysics. Property rights are for creators, not imitators. Imitators are not inventors. Its nonsense to say that if I create an incandescent light bulb, I am the inventor. It already exists. I have added nothing. Now in the case of cement that invention was lost for a 1000 years. It still does not make me the inventor.

    No it is impossible to create every possible work. And it would take infinite money, infinite time, and would be meaningless, because you would have an infinite pile of crap to sort through to find out what was useful.
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  • Posted by dbhalling 11 years ago in reply to this comment.
    First of all there are an infinite number of possible books - you argument fails. Second of all you would spend a lifetime trying to fine one good book in you infinite pile of crap. The argument just doesn't follow. Last you would spend an infinite amount of money creating your infinite pile of crap.
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    Your saying so is anti-rationality, anti-property. How does timing, in and of itself, add anything to human knowledge? If the knowledge were created in 1000 AD in Europe, and then created in 1500 AD in America how did timing have any impact at all? You want to attribute time as a salient factor when it is not. I will grant that a totally independent development of calculus in a culture that already operates with that knowledge is not advanced by the independent development, and that developer will be treated thusly. But a relatively contemporaneous development of something new must allow for the ownership to exist by multiple individuals.

    You can continue to claim that "simultaneous" development doesn't occur, but that is immaterial. The fact that it may occur is what matters. That needs to be addressed.

    And why is the addition to the store of human knowledge a criterion? Who determines? I say that if I can devise a system of creating all possible written knowledge, then I should have the rights to same. Do you deny that if I have a computer that generates random sequences of characters that eventually it will create every work ever created and every work possible to create? The only question then is how fast can those random sequences be created. Since time is the only factor, why must I be penalized for not having had the time to allow those creations to have occurred?
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  • Posted by dbhalling 11 years ago in reply to this comment.
    Because you have added nothing to the store of human knowledge, you have broken no ground and proving that you did not gain information from the real inventor/invention is almost impossible once something is in the open. I hear all the time about people who say they developed something independently, but the ideas are now in the mainstream. It is just ego boosting BS.
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    However, having documented evidence of the idea prior to another inventor's application has been an impediment to patentability (at least in the past - called prior art, as I know you are aware). You cannot patent, and claim exclusive ownership of an idea, that has already existed in documented form prior to your claim of "invention."
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    If I have an infinite number of computers drafting an infinite number of manuscripts, then I have created every possible work. What is the problem you see?

    Oh, you want to limit me to a finite number of computers - OK, that only puts a timeline on the creation. Again, how does that limit my creation of all possible works, at some point in time?
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    I don't require simultaneous, merely close.

    As for complete independence, in your case the development of calculus, why not? Please support your contention with logic. You make an assertion with no logical reason. If I had no other concept of calculus, and developed it from "nothing", then of course I would be the discoverer of calculus. The follow on question would be - to what effect?
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  • Posted by khalling 11 years ago in reply to this comment.
    you walk away when you choose not to pursue it and to not publish it. In fact, "diligently working the invention" was a main point in the now defunct interference's in patent law. Inventor's choice as it were
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    "Cola" is not a specific product nor idea, it is a general description of a drink containing an ingredient commonly termed "cola."

    Coca Cola being maintained as a trade secret instead of as a patented item trades the ability to specifically codify a unique proportion of ingredients but make that formula public from others that claim to be the "same" as Coke but better. If Coke patented its formula, then another cola producer could create a slight variation and say that it was the same but better than Coke. By maintaining the recipe as a trade secret, nobody can claim to be Coke or the same but a bit better since the formula of Coke is "secret." However, another provider could create the exact same recipe, they just couldn't say that it was the same as Coke, nor reference Coke in any way. There are many "store brands" that have done this. They may be exactly the same or nearly so as the original brand, but cannot claim to be so. Thus the true differentiator is the trademarked brand and not the product itself.
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  • Posted by dbhalling 11 years ago in reply to this comment.
    Robbie,

    There are a number of problems with your theory. Even if you could create them all, someone has to figure out which ones are worthwhile, so the experiment is nonsense on that level. In addition, there is no fixed number of books so it would be impossible to create them all.
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    There is no such thing as "walking away" from IP. You can only put it in the public domain with an intentional action.
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  • Posted by dbhalling 11 years ago in reply to this comment.
    Mike,

    I have no idea what you are talking about.

    As for commerce before patents, sure it occurred. The only way to increase real per capita income is by increasing your level of technology. Before modern patent system that rate was so slow that people lived in the Malthusian Trap. Only with the advent of modern patent system did people begin to escape starvation and have an increasing standard of living.

    Your bastardization of Locke is intellectually dishonest. It was clear that Locke in modern language is talking about creating.
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    No. Whomever created the original art would "own" it. The most that another could do that used that as the basis of furthering the design would be to license the original IP at whatever the original owner agreed to license it for. Unless that original licensee specified that their rights were placed in the public domain.
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  • Posted by dbhalling 11 years ago in reply to this comment.
    The simultaneous inventor thing is a myth. The US had a procedure for determining the first inventor for years and it rarely occurred.

    The complete independence is also rare - but more importantly only the first person is the inventor. If I rediscover calculus without any knowledge of calculus today, that does not make me the discover of calculus.
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    Mike: If one merely copied the IP of another (say that you check out a book from the library, take it to a copy machine and copy each and every page, and bind it), can you sell that for your own profit? Most would say no, that is the property of another. Merely taking the IP of another and copying it does not give you the right to profit from another's property.

    However, if you created the exact same IP independently and without knowledge of the other, wouldn't you own your IP? And thus, if you sold your IP shouldn't you derive your own profit from that IP independent of the other person who also developed that IP?

    And, if you set up an infinite number of computers creating an infinite number of manuscripts that would then create every existing book and every future book, wouldn't you then "own" every possible literary creation? This is a situation that causes problems.
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  • Posted by dbhalling 11 years ago in reply to this comment.
    Actually it was 14 years from the date of issuance. It changed several times and then settled on 17 years from the date of issuance for a long time and is now 20 years from the date of filing, with the caveat that you have to pay maintenance fees to keep your patent alive.

    I am against the maintenance fees and i do not think 20 years is too long. There has never been a society with too strong of patent rights. Patent rights are the key reason the Industrial Revolution occurred when it did. We need people to compete on creating new inventions not making me too products.

    I agree that the copyright term is probably too long and either way the recent extension was a piece of crony capitalism for Disney
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    Can we evaluate the situation of the infinite number of computers randomly generating an infinite number of manuscripts? Such a system would create every existing book as well as every future book that would ever exist. If these computers were owned by myself, wouldn't I own all of these works?
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  • Posted by Robbie53024 11 years ago in reply to this comment.
    db: Can you accept that more than one person can derive the same idea at the same time (or nearly so) without knowledge of the other? If that is true, than wouldn't you agree that the idea is not the singular property of one individual, but rather shared by both? If both have a reasonable claim to the idea, how best to provide private property protection to each? And cannot a third come up with the same idea completely independent of the first two? And now how to best provide private property protection to the third as well as the first two?

    These are not easy questions, but need to be answered, don't you think? Or do you believe that the first to come up with an idea, regardless of whether any second or third person comes up with that same idea completely independently, has the sole ownership of that idea?
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  • Posted by khalling 11 years ago
    Update: Not only has the site administrator over at von mises refused to post Db's comments, db is getting many comments asking questions from contributors which also are not being posted. Consider that, when you are enjoying the von mises online site.
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  • Posted by khalling 11 years ago in reply to this comment.
    that's why we have design patents. They are different from utility patents and have different time frames, no formally written claims.
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  • Posted by khalling 11 years ago in reply to this comment.
    do not confuse a marketing technique for a patentable invention. An invention is a human creation that has an objective result. 7up does not have an objective result.
    Coke is a trade secret because it can stay secret as long as you can keep it a secret. actually impedes competition/progress. In the middle ages, we had all these trade secrets. the only way to learn the secrets was to become a member of the guild. Because of that, it slowed the rate of progress because people could not build on others ideas. Patents are set up precisely for you to work around build anew. Interestingly, you will see a huge resurgence (bad for technology) in trade secrets due to the hostile environment for patents
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  • Posted by khalling 11 years ago in reply to this comment.
    the simple answer:
    too many years ago, too much prior art so no.
    2nd simple answer: it's part of a game (not the whole game) and within that game, it makes no sense to have outside rules that only allow certain people to do certain things.
    Outside the context of the game Baseball-if you are the first one to create a curve ball, it is invention with an objective result. in fact, I'm sure the first company to create a pitching machine that could throw a curve ball got a patent. see golf clubs, tennis rackets, bats, balls, pads, etc.
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