defending the right to innovate
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.
Last week's In our Time Radio 4 BBC weekly program on the Translation Movement (http://www.bbc.co.uk/radio4/history/inourtime/inourtime.shtml) should be of interest to every economic historian, and especially those interested in the role of intellectual monopoly (property) in the growth of knowledge. That is, there was none - ie no intellectual property - and two breathtaking renaissances with out it, one Arabic, the other European. According to Melvyn Bragg and his 3 commentators the 9th century translation of Greek texts on health, mathematics, philosophy, religion, and engineering into Arabic was THE critical factor in the flowering of science and culture in the Islam world for the next several centuries , and indirectly (through the much later translation of Arabic texts into Latin) was hugely influential in the growth of the European Renaissance. Of course we're also talking "derivative works" here, since "translation" often involved detailed commentary, elaboration and interpretation, and what the author regarded as correction, as well as modification. Do we have a "natural experiment" here? Two great eras of flourishing knowledge in science, philosophy, arts, trade commerce ... ie culture ...built on, amongst other things, absence of tightly enforced national or international exclusive rights in knowledge products ? Over at my blog on strategicecon.com (http://strategicecon.com/post/1/172) I explore this idea a little further ....and conclude: "I guess it is a sign of our times that we regard translators who don't pay as "pirates" and prosecute them as criminals , whereas during these Arabic and European "Renaissance" era transaltors who didn't ask permission or pay fees for their oriignals were regarded as cultural heroes (and well paid for it) ." PS I couldn't get your link tool working in the editor in Firefox...)
[Comment at 10/07/2008 07:33 PM by John Fountain]
Amazing the in-depth scientific bases used in these posts. By the comments above, we should not be developing medicines because people have gotten well without them. Indeed, why do we have cars or planes? People were able to get from one place to another without them for millenia. The list goes on and on. We did we bother to develop cell phones? People were quite happy to communicate through other means prior to the invention of cell phones.
However, there is one theme behind all these things; in every instance, things happened faster, or more efficiently.
So, what is the lesson for intellectual property? Speed and efficiency are again advantages. If ten individual inventors invent ten things, and only one is commercialized and the other nine inventors decide they are going to do nothing with their invention for whatever reason, without a system of patents those nine inventions are lost to the world until someone else does the same work all over again (loss of speed and inefficiency have both occurred). Further, the tenth inventor's invention may well be something he uses in Butte, Montana, but people needing that invention in Florida, Germany and Brazil are out of luck because no one sees the invention until seven years after it was invented.
Another point: What if there had been a formal intellectual property system during the two eras of scientific discovery, advancement, etc., noted by John Fountain? I wonder whether the eras, which lasted for centuries, might have been compressed because knowledge would have been located in a single location where everyone could have accessed it instead of being in esoteric locations with access limited to a few.
Essentially, what meaning does intellectual property have when the time frames begin with decades and extend into centuries? Little or none. Further, as Stephen Spear noted in his post, all these lovely discoveries by Pythagoras, Chebychev and others were mathematical principles that had no physical embodiment at that time; no intellectual property (in terms of patents) here. Further, copyright does not apply because mathematical equations are what they are and in and of themselves are not copyrightable. Even today, academics share knowledge back and forth freely, but the vast majority of that knowledge in math and physics does not meet the requirements of intellectual property.
John Fountain's post is hilarious. On the one hand he notes that the translations from Greek formed the basis of progress for centuries, and then he turns around and says that it is humorous that there were no intellectual property laws. Okay, what if there were intellectual property laws? The translated texts were almost all centuries old, well past any intellectual property protections, even those in modern times and even the ridiculous lengths for copyright set by the United States.
While interesting, the "natural experiment" is merely an observation of what happened over a period of centuries, and is neither more or less relevant than what has happened in any other set of centuries up to the present day. There may be lessons to be learned, but the technology and situations are different, and our response will surely be different as well.
Read the MPEP (the guiding document of the USPTO). It says in so many words that the vast majority, and perhaps all, inventions rely on the works of earlier inventors, as they almost assuredly must. Does that make the invention of the catalytic converter or FM radio any less startling, or easy? What about the substantial work that went into making the first microwave oven? Rather than implying that inventorship is easy because there is so much history to build upon, I recommend reading about the years and even decades of work some inventions took before belittling the effort it takes to invent.
[Comment at 10/08/2008 05:55 AM by Lonnie E. Holder]
I believe each of the items mentioned in Stephen Spear's original post were "discoveries," rather than "inventions." The patent act specifically precludes laws of nature, physical phenomena and abstract ideas from being patentable matter. Thus, Gladwell's characterization that discoveries of mathematical relationships, which in general are not patentable for a variety of reasons, are "inventions," is incorrect. In the words of the USPTO, these equations are not statutory patentable matter.
I also did a bit of casting about with respect to names. The Pythagorean theorem was named centuries after the Pythagorean school existed, hardly the fault of Pythagoras. However, Pythagoras (or his school) was the first to "popularize" the theorem and the first to express it mathematically. On the other hand, Pythagoras believed in trade secrets and his society held some things secret for 200 years - even killing a student who dared to utter one of their secrets in public. Ah, what wild and woolly days before intellectual property!
Gauss's name was likely used for the Gaussian distribution because of his defense of the distribution in 1809. I am unsure of whether Gauss claimed to be the discoverer of the distribution.
With respect to Chebyshev, many people used the name Bienayme-Chebyshev Inequality because Bienayme proved the inequality substantially earlier than Chebyshev (who was good friends with Bienayme) did. However, according to Markov, a student of Chebyshev, Bienayme proved the inequality because of an argument he had with Cauchy. Chebyshev, again according to Markov, understood the purpose and value of the inequality, and deserved to have his name applied to the theorem (See the trend here? Frequently discoverers have nothing to do with naming, which is how we end up with oxymorons).
[Comment at 10/08/2008 07:16 AM by Lonnie E. Holder]
Most Recent Comments
Killing people with patents I'm not really commenting the post, but rather asking if this blog is going to make a comeback
at 01/09/2018 03:46 AM by Anonymous
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
at 05/08/2015 08:35 AM by Dan Dobkin
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
at 04/10/2015 10:44 AM by Stephan Kinsella
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
at 04/10/2015 10:34 AM by Stephan Kinsella
Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without
at 01/08/2015 08:58 PM by Sheogorath
Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do
at 11/17/2014 04:48 AM by David K. Levine
Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous
at 10/29/2014 10:49 AM by Alexander Baker
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.
at 09/20/2014 03:19 PM by Alexander Baker
WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:
at 06/28/2014 10:03 AM by Doris
WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,
at 06/28/2014 10:00 AM by Doris
What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic
at 05/05/2014 01:03 PM by Sheogorath
Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the
at 04/07/2014 04:47 AM by Dan McCracken
Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples
at 01/13/2014 06:13 AM by Anonymous
Music without copyright Hundreds of businessmen are looking for premium quality article distribution services that can be
at 11/28/2013 05:03 PM by Stephanie Smith
at 11/28/2013 09:23 AM by Anonymous
at 11/28/2013 09:22 AM by Anonymous
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
at 11/24/2013 10:48 AM by SpaceCorp Technologies
at 11/20/2013 03:18 PM by Anonymous
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
at 11/02/2013 08:09 PM by Anonymous
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
at 11/02/2013 08:08 PM by Anonymous