logo

Against Monopoly

defending the right to innovate

IP Hypocrites

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


back

Movie: Patent Absurdity: how software patents broke the system

A new documentary is out, Patent Absurdity: how software patents broke the system:
Patent Absurdity explores the case of software patents and the history of judicial activism that led to their rise, and the harm being done to software developers and the wider economy. The film is based on a series of interviews conducted during the Supreme Court's review of in re Bilski a case that could have profound implications for the patenting of software. The Court's decision is due soon...

With interviews from Eben Moglen, Dan Bricklin, Karen Sandler, Richard Stallman and others...

I discuss Bilski in Supreme Skepticism Toward Method Patents and The Arbitrariness of Patent Law, and Moglen and Stallman in Leftist Attacks on the Google Book Settlement and Eben Moglen and Leftist Opposition to Intellectual Property. The film is worth watching.

But interestingly, the site for a film about patent absurdity contains this notice: "Movie copyright © 2010 Luca Lucarini."

Consistency FAIL!


Comments

There is no inconsistency, Patents != copyrights. While both are monopolies they are otherwise separate issues.
Stephen, how could you? http://blog.mises.org/9240/copyright-is-very-sticky/
Samuel: I do not understand your question.
I assumed you question their consistency because they put the notice on their movie while you defended this practice as not hypocritical in your article. Did I misunderstood something?
Samuel, I'm saying if you are anti-patent you should also be anti-copyright, and I doubt they are given that they put a copyright notice on the film instead of a creative commons license. They did this with the images. They could have put the same notice on the movie. That the put a copyright notice indicates that they intentionally chose not to release it from copyright shackles. A company making a documentary about the perils of patents--a type of IP--is sending a message that they don't condemn copyright, when they do this.
I am still trying to wrap my arms around the comment that when the USCC and the CCPA were merged to form the CAFC the resulting court was taken over my patent lawyers. IIRC, at this point in time only 3 members of the court can accurately be referred to as patent lawyers. Clearly, they are in the distinct minority.

Merely as a historical observation, prior to formation of the CAFC appellate jurisdiction matters litigated under Title 35 were within the province of the circuit courts of appeal. Each circuit having its own unique "spin" re patents, forum shopping was the order of the day. For example, the 9th Circuit was generally known as being patent averse, and woe to the patentee bringing suit within its jurisdiction. In stark contrast, the 7th Circuit was seen as being more solicitous of patent rights. There a pantentee stood a fighting chance. Given that a patent is supposed to be national in scope, and given that a patent in one circuit was more likely to be struck down than in another circuit, I believe Congress was quite reasonable in determining that a single court was an appropriate means by which to bring stability to Title 35.

"I'm saying if you are anti-patent you should also be anti-copyright"

Why? Unless they oppose patents because they are monopolies then there's no reason they must also oppose copyright.


Submit Comment

Blog Post

Name:

Email (optional):

Your Humanity:

Prove you are human by retyping the anti-spam code.
For example if the code is unodosthreefour,
type 1234 in the textbox below.

Anti-spam Code
TwoUnoThreeTwo:


Post



   

Most Recent Comments

Questions and Challenges For Defenders of the Current Copyright Regime Subject Very controversial Gráfica em

The right to rub smooth using a hardened steel tool with ridges Finally got around to looking at the comments, sorry for delay... Replying to Stephan: I'm sorry

Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Seems like a kinda bizarre proposal to me. We just need to abolish the patent system, not replace

The right to rub smooth using a hardened steel tool with ridges I'm a bit confused by this--even if "hired to invent" went away, that would just change the default

Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without

Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do

Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous

Yet another proof of the inutility of copyright. The 9/11 Commission report cost $15,000,000 to produce, not counting the salaries of the authors.

WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:

WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,

What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic

Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the

Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples

Music without copyright Hundreds of businessmen are looking for premium quality article distribution services that can be

Les patent trolls ne sont pas toujours des officines

Les patent trolls ne sont pas toujours des officines

Patent Lawyers Who Don't Toe the Line Should Be Punished! Moreover "the single most destructive force to innovation is patents". We'd like to unite with you

Bonfire of the Missalettes!

Does the decline in total factor productivity explain the drop in innovation? So, if our patent system was "broken," TFP of durable goods should have dropped. Conversely, since

Does the decline in total factor productivity explain the drop in innovation? I wondered about TFP, because I had heard that TFP was increasing. Apparently, it depends on who