Another Libertarian Argument Against Patents Bites the Dust

Posted by dbhalling 11 years ago to Philosophy
248 comments | Share | Flag

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.


All Comments


Previous comments...   You are currently on page 7.
  • Posted by Rozar 11 years ago in reply to this comment.
    The flaw with the house analogy is that it isn't about destroying my property, it's about severing my control over my property. For the airplane the owner should probably be agreed on before the plane was built. If I knew how to build a plane I would buy the parts from you, if you had parts for a plane you would hire me to assemble them. The analogy is to vague to find a conclusion to the question of ownership.

    I'm not saying I have the right to use their property for free. I bought a book and I used it to make copies of it to sell. If we didn't have an agreement on how I was supposed to use the book before I bought it, it's mine. Now if you sold me the book with a terms and agreements stating I can't reproduce this book for commercial profit, then I have no problem with you suing me if I break those terms.

    I disagree that I took money that should have been there's, I took money that COULD have been there's. And at no point did I stop them from trying to sell their book to the same customers.

    Ok maybe I'm not explaining my view of property rights well enough. When I say that you can do whatever you want with it, I mean within the context of both what the property is capable of doing, and the context that you aren't preventing some one else from using their property. That's what I meant when I said it has to be universally applied.
    Reply | Permalink  
  • Posted by 11 years ago in reply to this comment.
    Rozar,

    If I build a house or your land it does not destroy your land. Property rights often overlap and I think that is the source of your confusion. If you build an airplane with my material, who owns it? IF you build an airplane with my invention (patented), who owns it? You still own the stuff used to make the plane, but you cannot configure it to infringe my property right.

    Why do you think you have the right to use the work of others for free? If you copy a book and sell it isn't it clear you have stolen their property rights? You have not come into contact with the author. They may be on the other side of the world. And of course you have hurt them, you have taken money that should have been theirs.

    "Property rights is the concept that an individual owns what he creates or receives and should be allowed to do as he wishes with it."
    As explained numerous times herein you never have the right to do whatever you want with your property. This is a straw man argument.
    Reply | Permalink  
  • Posted by Rozar 11 years ago in reply to this comment.
    So my disconnect is happening because I don't see how a patent qualifies as property. I see the paper it's written on as property and the idea itself as property, but if someone else creates the same invention I don't see how he is destroying the other persons idea or their property.

    Property rights is the concept that an individual owns what he creates or receives and should be allowed to do as he wishes with it. For the concept to work in the real world it has to be universally applied. If I'm using my property to prevent you from using yours then I'm violating your rights to your property. In no way am I preventing you from using your property when I have an idea and act on it. Stating otherwise would mean that an individual on the other side of the planet could be violating someone's rights without ever coming into contact with the person or his property.

    An invention is a new arrangement of atoms previously unknown to an individual. Yes you have a property right to the object you created, but how do you claim the right to another's invention? If someone invented a telephone, and later someone else invents a telephone, why do you get to take the product of his effort?
    Reply | Permalink  
  • Posted by khalling 11 years ago in reply to this comment.
    nope, lol. it's just our thing so we are laser focused on it. good for you with your daughter. just make sure she has to live what she reads ;)
    Reply | Permalink  
  • Posted by $ jlc 11 years ago in reply to this comment.
    To me, this is the crux of the issue. If Intellectual Property rights are not acknowledged and supported, then we will revert to a 'trade secret' system, such as was common in the Middle Ages. In such a system, if the only person who knows the secret dies, the technology dies with him.

    One therefore asks the question, "What has sufficient value to the inventor of 'something' that they are willing to forgo secrecy and write down the secret so that it will not be lost?" The answer that appears to work is, "A 20 year monopoly."

    I do not know of another model that would actually work - so IP as well as all other inventions must have a greater value when made conditionally public than when kept secret.

    Jan
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    I don't mind the marketing. Everyone has to sell themselves and their products.
    I don't mind the people management, although I am better at some things than I am at people management. The fundraising is the part that I struggle with. I refuse to mooch, which is the expected way nowadays. Fortunately I have made enough on my own to provide seed money for projects to get to what I'll call the Shark Tank stage where I can get venture capitalists interested, but I'm not great at doing the business plan part either. I'm a builder. I like to say that I made that.
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    I guess I need to get a life. I'm spending so much time working on what I want to accomplish that I am missing more of the outside world than I realized. I just had my daughter read some about the Austrian economists because her economics book spouts nothing but Keynesian economics garbage. More and more, I realize just how correct America's founders were, and how far we have deviated.
    Reply | Permalink  
  • Posted by 11 years ago in reply to this comment.
    A sad fact of our weakened patent system. Most of my inventors want to invent, not raise money, or manage people, or undertake marketing, but the profession of inventing (only) is a pretty small group nowadays. Such was not the case in the US in the late 1800s, when most of the great American inventors were around.
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    Stossel is correct on so many things, but I would expect he would be as surprised about the von Mises Institute's stance on intellectual property as I was. Well, I learned something today.
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    Indeed, that is correct. You do have to have something integral in the middle.

    I am a hardware guy. I do provide services, but I like inventing something and moving on to the next invention rather than constantly adding the next bell or whistle. That is harder to do now.
    Reply | Permalink  
  • Posted by 11 years ago in reply to this comment.
    Hi J,

    Most people make money off of open source by providing a service. Most software companies tend to make most of their revenue off of service anyway. One of the oldest open source ideas is software/hardware is provide easy links to your core ideas so that you do not have to pay for the development of all those in apps. For instance, the app movement with Apple.

    The open source movement seems to think they created this idea, but Gillette sold their razors (gave away) in order to sell you their razors replacements. Same idea with ink jet printers. The goal is to have something integral in the middle.
    Reply | Permalink  
  • Posted by 11 years ago in reply to this comment.
    Robbie,

    The bulldozer argument shows the libertarian argument is circular. Their exact statement is that they can do anything they want with their property. If you add the caveat, then their argument against patents not being property rights is circular. Patents are not property rights, because they are not property rights.

    I have dealt with independent (simultaneous or not) argument in other comments, so I will not repeat myself.

    The infinite number of monkeys (computers): I will limit my comment to inventions. To be a human creation it has to be useful. Just making a new combination is not a creation. So this does not work. You will spend an infinite amount of time sorting through your junk. The number of potential inventions is infinite, so you will never exhaust them.
    Reply | Permalink  
  • Comment hidden due to member score or comment score too low. View Comment
  • Posted by Robbie53024 11 years ago
    db: Your bulldozer example is silly and beneath you. Of course no libertarian, of any persuasion, is going to say that merely because you own an item that you then have the right to use that item in any manner that violates the rights of someone else.

    I have little regard for those that say that an idea (let's say in the form of a book) is only owned in the manifestation of a specific entity (a hardcopy book, for example) and not the content of the specific sequence of words. I know that some would say that if you take your book and Xerox it for example, that the physically copied set of pages (for all intents and purposes a copy of the original book) is not owned by the owner of the original book, but by the owner of the paper onto which it was copied (and what about the toner that was transferred from the copier to the paper - but that's another story). That is a silly and frivolous argument, as the second "book" could not have existed had the first never existed. Similarly, if I would read the original manuscript into a sound recording device of your choosing, there are some libertarians that would say that this is clearly not the property of the originator, as it has changed form. But again, that is a silly argument as the sound recording would not have existed without the original words having been captured in some form in the first place. The original creator of the words would have a claim to all copies (a copy right), regardless of how they were subsequently manifested.

    The concept that an idea has no substance until codified physically has some merit, but can also be quickly terminated. Long before humankind had codified language stories had been created and passed from generation to generation. There was no need for a physical manifestation, it was transferred from mind to mind via voice and hearing. Thus, clearly, ideas can exist without physical manifestation.

    The next question is whether ideas can be "owned." Here, I think that we will have some conflict. Can an idea be created in the mind of more than one individual? I think that clearly we can accept that this is not only feasible, but that it actually happens all the time. Clearly the fact that many people end up at the local Subway for lunch indicates that many people can have the same idea contemporaneously. The next question is whether multiple people can come up with unique and novel ideas completely independently. Let us look at an example that I was just discussing with some relatives over Easter. Take the Rubik's cube. There are a finite number of "mixed up" configurations and an infinite number of ways to get to those states, but there is a single algorithm that will solve any mixed up configuration. Many people, independently, came up with that algorithm, most of them without even realizing that they had done so. Would it be logical to say that the first person to come up with the solution algorithm thus "owned" that algorithm? Did not the persons who independently came to the same solution method have just as valid a claim? Does timing matter?

    We have a paradox, though, when it comes to merely codifying words (and more abstractly, if you want to go into representations of entities in 3D space). We have the infinite monkeys typing on an infinite number of typewriters (or I prefer an infinite number of computers generating random sequences of letters and spaces). Under such a scenario, all literary works ever created or that ever will be created could thus be generated (and if it truly were infinite, that would happen instantaneously). So, If I owned those resources (however they might manifest themselves), then wouldn't I thus own all written literature (excepting if we agree that anything already created was already owned)? Of course, this is impossible, but it presents a good thought exercise.
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    In a society where so much is freely downloadable over the Internet, it is much harder to figure out how to capitalize on one's ideas and inventions.
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    Thanks, db. I agree with what you said. Any patent or paper requires proper referencing of prior work, so that won't be a problem.

    I was actually more concerned about the ethics of building on an open-sourced technology movement.
    I am pretty sure I can make money at it, but can I make enough to make it worthwhile?
    Reply | Permalink  
  • Posted by $ jbrenner 11 years ago in reply to this comment.
    Wow! What a narrow world we live in. I am guessing that the von Mises Institute is going to lose a lot of sponsors over this one.
    Reply | Permalink  
  • Posted by khalling 11 years ago in reply to this comment.
    yes. Its online website treated db's analysis as "spam." He was immediately given -49 points for his three comments and eventually the site admin would not approve his comments-for answering others' QUESTIONS to him.
    Reply | Permalink  

  • Comment hidden. Undo