At the IP Symposium – Jamie BoylePaul, · Categories: General, Information Commons
Intro by Lolly Gasaway. Four ways to ruin a technological revolution. Jamie say he now has 7 ways. Three more for free. First it’s hard to ruin a revolution in tech. Law is particularly good at ruining tech advancement. Decentralized nature of innovation is fueled by copyright, patent, and trademark in the marketplace (when it works well). To do so the Public Domain must be protected. Patents are about disclosure. Copyrights used to expire (in the old days). This refuels the pubic domain.
IP Law distorted not only kills innovation but also once distorted also kills the relationship between public domain and ownership.
US law has always been atuned to balancing the rights and the public. Jefferson writes about that and especially the Isaac McPherson (spelling) letter.
1) policy should always be made without empirical evidence. before or after implimentation. don’t compare copyright in different countries for successes. without database protection, the US out performs Europe (which has strong protection) in the market.
public information policies. all public info in the USA from the government, is open and free creating a secondary market. in Europe tries to recoup public expences. US gets 39:1 and Europe gets 9:1
patents. better than trade secrets.
2) we must adopt a world view in which overprotection. totally abolishing protection would also kill the revolution. BTW. raising cost of outputs raises the cost of inputs. software copyrights worked well to screw up the recolution, but judges took them down.
a) impose the logic of control. whereever possible close things up. VCRs are a failure of this. Silicon Valley vs. Boston area. Weaker worker rights in Boston actually killed knowledge circulation whilst SV with more allowable employee mobility actually grew.
b) confusing IP vs physicial property.
c) 20-20 downside vision.
d) prejudice against destablizing technologies
3) the real number 3. don’t revise the copyright law to allow for new tech. have the current holders write the law.
4) vital to ditch the tech of the internet and go instead to “trusted computing.” open platforms are nothing but rights violating devices, spam sources and security holes. clamp down controls and hand controls to a monopolist. get back to minitel!
5) always make policy in international venues and harmonize upwards. WIPO is great for this as it closes out other voices in the policy formation.
6) critics should be apathetic. activists should be selfdestructive. screaming, not washing, no alternatives, etc.
7) avoid the creation of a broad environmental like movement.