This basic economic fact—dynamic development of innovative distribution mechanisms require substantial investment in both people and resources—is what makes commercialization an essential feature of both copyright policy and law (and of all intellectual property doctrines).
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
IP rights have developed in the same way as property rights in land with both legislatures and courts creating, repealing, and extending doctrines in an important institutional and doctrinal evolution of these property rights securing technological innovation and creative works.
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)
This oft-made contrast by libertarians between so-called “common law property in land” versus “statutory IP” is a myth that has no basis in the reality of how common law property rights in land evolved in England and then in the United States of America.
Debates on Patent System Should Focus on Facts, Not Rhetoric
Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.
The Broken Reporting Causing the “Broken Patent System” Hokum
The real problem with this “broken reporting” by Mr. Bilton and his ilk is that it is feeding a growing anti-patent frenzy among commentators, academics, and the public, who seem to think that your smart phones, tablets and other technological marvels just don’t exist because of a so-called “broken patent system” that has stymied software and other high-tech innovation at every turn.
ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers.
Today’s Software Patents Look a Lot Like Early Pharma Patents
The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that...
Some Historical Perspective on Today’s High-Tech Patent Wars
The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry.
The “Patent Litigation Explosion” Canard
The historical patent litigation rates are significant because they also include the same “patent wars” that we are experiencing with the “smart phone war.”
Today’s Software Patents Look a Lot Like Early Pharma Patents
It’s time to bring objectivity and a historical-based perspective to public policy discussions about software patents and the role of property rights in innovation.
Lessons from Singapore on Patents
While the United States continues to weaken its patent laws, Singapore is taking a different path. Singapore has just announced that it is developing a plan to be an Intellectual Property Hub, according to Channelnewsasia.com. They believe that intellectual property...
The Problem With The Promoting Automotive Repair, Trade, and Sales Act
The bill H.R. 3059, titled the “Promoting Automotive Repair, Trade, and Sales” (PARTS) Act claims to reduce the cost of automotive repairs by limiting design patents for automotive parts to 30 months. This bill pits automobile manufacturers against insurance...
From President Bush’s 1000 points of light to President Obama’s biblical argument “aren’t we our brother’s keeper?” for government charity programs it appears everyone agrees that charity is good for our country and may even...
Great Again: Revitalizing America
This intriguing question and its implications for US economic policy are tackled in the groundbreaking book Great Again, by Henry R. Nothhaft with David Kline. They answer the above query with a series of questions: Could a twenty-year-old college dropout,...
First-to-File: Is it Constitutional?
The following letter from a number of Law Professors deals with the Constitutionality of a First-to-File system as contemplated by the America Invents Act (H.R. 1249 and S. 23) June 17, 2011 By Email Speaker John Boehner Office of the Speaker H-232 U.S. Capitol...
Mayo Clinic's Invention Theft Strategy
Mayo clinic’s management is pursuing a business strategy of efficient infringement – more commonly known as theft of other people’s inventions. This immoral course of action is exemplified by Mayo’s involvement in two frivolous patent...
This Is CNN: Abusing Copyright Law To End Embarrassment
Tax Day this year was a great day for old-fashioned patriotism, but a bad day for television journalism--exemplified by CNN "reporter" Susan Roesgen. When hundreds of thousands of protestors raised their voices in opposition to profligate government spending and high...
PRO-IP, Rights, and the Roots of Copyright Opposition
President Bush recently signed into law the "PRO-IP" bill, an act for "Prioritizing Resources and Organization for Intellectual Property." The purpose of the bill is to enhance remedies for violations of intellectual property laws.The law creates a copyright...
In Support of the Concept of Intellectual Property
If individuals do have a property right in their own identities, do they not also have a property right in the words and symbols that uniquely identify their products and services?
Conspiracy Theories: Was 9/11 An “Inside Job” and Other Stories
I was recently forced to break off an amicable correspondence of several years because of 9/11 conspiracy theories and this person's acceptance of them. Our conversations became nothing but this person trying to convince me that the terrorist attacks of 9/11 were an...
A Conspiracy Theory: Bush Contracts
See if you can guess which stock I'm talking about. This stock topped out in early January at 75. It steadily declined all year, hitting bottom at 49 on Aug. 12. After that, it rallied magnificently. On Monday it was trading at 65. Then something very strange...
A Culture of Conspiracy: Apocalyptic Visions in Contemporary America
Some people believe in the lost continent of Atlantis and in unidentified flying objects (UFOs). Others worry about an 18th-century secret society called the Bavarian Illuminati or a mythical Zionist-Occupied Government secretly running the United States. What if...
The Legitimacy of Intellectual Property
Revolutionary technologies always disrupt society and one of America's biggest "digital age" disruptions is occurring in the area of intellectual property (IP). Indeed, the digital revolution has re-ignited a heated debate over whether intellectual property is even...
Would-Be Intellectual Vandals Get Their Day in the Supreme Court
In 1998 Congress, pursuant to its Constitutional power to determine the duration of federal copyright protection, passed a law extending the term of that protection by 20 years. This law brought United States copyright protection in line with that already afforded in...