If I were to break down Intellectual Property into the few issues that are interesting and relevant, I'd number them this way.
1. What facts of nature give rise to property rights? Can we analogize to IP rights? I think this one is an obvious no. Property rights arise substantially because physical property is rivalrous (If I take your axe, you can't use it). IP very simply isn't.
2. Does IP have good effects? It has good effects on the profits of Disney, and of IP lawyers. I see no other positives. Under the simple, and obviously true equation: Wealth = accumulated growth, growth = innovation, innovation = ideas having sex, IP law as we have it now SHOULD have massive wealth-destroying effects, as it squelches innovation. It's like, if someone had a patent on Peanut Butter, and Someone else had a patent on Chocolate, reese's would be royally screwed...even though 90% of the value of reese's comes from the mix. It is likely possible to both encourage idea-formation financially, AND to allow idea-mixing.
3. What does the normal patent law situation look like? Is it more like the case of Alexander Graham Bell, who raced to the patent office 1 hour before Elisha Grey who had independently invented the same thing, and where the government created an artificial monopoly against other folks who had independently discovered the same thing or more like the case of Google buying Motorola PURELY for their patent thicket, so as to countersue the shit out of Microsoft and Apple who are trying to prevent innovation...or more like rules carefully built to prevent HP from taking apart Canon's copiers, in order to see how they work and duplicate them...or more like Microsoft/SCO who sues the crap out of anyone doing anything whatsoever in operating systems, so as to preserve their market dominance.
4. What is the normal copyright law situation look like? Disney harassing an independent cartoonist for drawing a mouse? Or the independent cartoonist preventing Disney from stealing the idea?
5. What is the normal law situation? Does law tend to protect the weak better than the strong, or the strong better than the weak?
On 5 counts, I think it's pretty blatant that IP law is a Deeply bad idea.
Note: I did not discuss trademarks. I did not discuss the hideous FDA drug/biomed IP law stuff that results from even worse other FDA regulations.
The virtue of excellence
Saturday, October 1, 2011
Subscribe to:
Post Comments (Atom)
10 comments:
Seems like we need to search for a sweet spot. With no patent protection, we get less innovation, and on the other end we get what you chronicled.
Agreed. It's an empirical question, not a moral one. And we're probably leaning on the side of too much protection, on average.
RSF & CF,
1. There are, as always, 2 issues. 1 is moral, and the other empirical. As an example, suppose that subsidized (late term) abortion for low income folks was a (studied, and demo'd) plan that would reduce the idiocracy thing...would the HBD folks be for it? I'm inclined to find the HBD folks trending religious, and so the moral would outweigh the practical.
2. As always, on the topic of IP, I personally find the moral issue far more persuasive than the empirical issue.
3. Saying that we're probably leaning on the side of too much IP protection is like saying the folks at peopleofwalmart.com are probably in the lower 90% of average attractiveness. True, but so massively understated as to be false in its implied meaning (implied meaning: that the peopleofwalmart folks could find the 90%th %ile of attractiveness with a gps and a 10 foot pole).
Shortening all copyrights to the same term as patents would be a grand start. That's how long they were initially in the US.
Get that enacted and watch for a few years, my suspicion is that this would eliminate most of the perceived problems on the copyright side of the house. As to patents, the issue is a lot thornier because of the MAD-like way they're used by large corporations.
Security precedes and defines property. Patent law at present is pretend security, and thus pretend property. That doesn't mean real security is impossible.
In terms of music, writing, art, and video games, copyright in fact doesn't produce much more innovation. It's clear people abundantly create these things even if they can't get paid. I have no reason to think inventions require patent law any more than they do.
As it turns out, being moral is always, in addition, more efficient.
As it turns out, being moral is always, in addition, more efficient.
Is it moral to use someone else's idea and garner a large market share?
1. Alrenous...that's an awful big claim ... I can't buy in to that.
2. RSF...that depends on whether you think that having an idea first is grounds to get government force to prevent someone else with the same idea from implementing it. I think that Bob's figuring out a widget making trick before Chris figures it out gives Bob exactly zero claim on preventing Chris from doing the trick.
I've yet to find a single instance of finding greater efficiency in immorality. If you'd like to contribute one to the project, be my guest.
The second-order effects of using someone else's ideas for market share are that it reduces competition and people will stop sharing their ideas because they don't like being plagiarized, reducing the total effective supply of ideas.
I don't claim it's not sometimes more efficient for the individual. Cuz, you know, theft. Except in third-order effects, where a society without theft even the poorest is way better off.
Alrenous,
The correct game theory for a non-neurotypical (psychopath...enjoys violence) prudent predator in the historical US environment seems awful immoral and efficient.
What do you mean by efficiency?
I'm referring to total efficiency, the ratio of total stuff to total effort.
Even a predator is better off, at least in opportunity, if there's more stuff overall to prey on.
Moreover, aside from psychopaths, most predators are predatory at base out of fear. They're afraid they don't have enough. With more stuff around, that fear has a harder and harder time getting a nail-hold.
Post a Comment