Another Libertarian Argument Against Patents Bites the Dust
Libertarians and Austrians, including such organizations as the CATO Institute, Von Mises, and the Wall Street Journal, have put forth a number of arguments against patents and intellectual property. These arguments include that ideas (an invention is not just an idea, but I will let that go) are not scarce and therefore patents are not real property rights, patents are monopolies, patents inhibit the growth of technology, patents require the use of force to enforce one’s rights, patents are not natural rights and were not recognized as so by Locke and the founders, among other arguments. I have discussed most of these arguments earlier and will put the links in below. One of their favorite fall back arguments is that patents limit what I can do with my property. For instance, a patent for an airplane (Wright brothers) keeps me from using my own wood, mechanical linkages, engine, cloth, etc. and building an airplane with ailerons (and wing warping). This according to the libertarian argument is obviously absurd. After all it is my property.
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The point of the patent system is to spread information so that others can build on it. To not build on the work of others is impossible. Your can't create something from nothing and even to communicate with other you have to use language developed by others. So I think it is perfectly consistent with Galt's ethics. Most inventors love to see their area of technology pushed forward as long as they are paid while their patent is in force. If you are writing a history it would be nice to mention the significant inventors whose work you built upon.
I think K would like you to make this into another post, because she thinks it would be interesting on its own.
That said, I have met/read some interesting thoughtful anarcho-libertarians who have come up with some interesting ideas. Including the novel Alongside Night. But some of them start sounding exactly like Marxists, including Stephen Kinsella who leads the Austrian charge against patents.
You make a good and valid point. But from a marketing point of view most people will not pay attention to the title: "Patents like other Property Rights Restrict the Property Rights of the Non-Patent Holder."
Just as you cannot take the orthodoxy of the Roman Catholic Church as speaking for all Christians, nor even the Foundation for Freedom of Religion as speaking for all atheists, you cannot attribute all libertarian thought merely to a few libertarian think tanks.
While those identified are major libertarian organizations, not even those who work for and in those organizations have unified thoughts on this matter.
Quite right. To be unequivocal, precise, the incentive is inherent in the protection provided.
Respectfully,
O.A.
If this next item should go into its own thread, I will gladly take it there.
I would like some feedback on the "Galt ethics" of the following.
I have two projects that students of mine are working on under my supervision
that I am funding myself. One involves an atomic force microscope - a tool
for looking at surfaces with near atomic resolution. The second involves
3D printers. Both were invented long enough ago that the main patents have
expired (The key patent on 3D printing expired within the last year.).
Regarding the 3D printer, my group has made an innovation to make 3D printers
print with a higher precision than what is out on the market, including those that
one can download instructions on how to make via open-sourced technology
(the main reason for putting this comment into this thread, as open-sourced
technology is the exact opposite of the traditional patent process). We've also
made a few changes that make 3D printers somewhat more robust and cost-effective.
Regarding the atomic force microscope, my student (a real John Galt in training) has come up with a process by which to make such a microscope far cheaper ($1000 in parts + his time vs. $40000 for a commercial-off-the-shelf system) than currently exists. His design looks quite different than the typical design, but it does have the same physics and all of the same functionality. My student built the proverbial "better mousetrap", but it is still a mousetrap.
Given that the patents have expired, I have no legal problems doing what I am doing,
but am I being consistent with my Galtish values? I think so, but I'm a little unsure.
POJ, POJ, POJ!!!
I just re-listened to the Libertarian Manifesto by Murray Rothbard. This was originally written in the early 70's and the first 3/4's of the book is spot on to what is happening in our society today. The solution, however, is anarcho-capitalism and the last 1/4 of the book describes how that system would function. As I said, it seems naïve at best.
I think that there is a different way - Constitutional Libertarianism. This would return to the form of government initially established by our founding fathers. If it wasn't a power explicitly enumerated in the Constitution, it would not be permitted. The Supreme Court would return to a body that adjudicated fact based on law and nothing else - no, "interpreting the Constitution" and no creation of "rights".
I tend to disagree with many in the Gulch over the immigration issue. But I keenly appreciate the problems you have in the US with illegals. I disagree on many enforcement mechanisms in place. they are not working and innocent US citizens are daily caught up in it. If illegals could not get free services and our system for citizenship and foreign Visas was streamlined, you would see a marked drop in illegal immigration activity. The US does have job demands that are filled by migrant workers. However, the migrants would find it hard to remain in the US after their season if they did nt get substantial services on your and my dime. The problem is tricky and more border patrol without smart enforcement is not working. I know. I have crossed the border many times in the last two years. I am considered a criminal until I get beyond 100 miles in.
Farms do not have precise boundaries in fact. There are no lines drawn on the land. Only with the advent of GPS has there been any precision and in fact there are and have been many more lawsuits about land property rights than ever over patents.
Another media myth. There has been no explosion in patent lawsuits. The number of patent lawsuits have been essentially flat for well over a decade and the recent bump is not an increase in lawsuits, but a change in who can be joined in a single lawsuit.
IN FACT, on a percentage basis the present rate of patent lawsuits is half of what is was in the late 1800s.
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