Intellectual property

Notes upon Shoulders-of-giants, communities-of-scholars, market design, scarcity, collaboration, patent trolls, patent minefields, piracy. Bioforge, open source, DRM.

This is mostly about technological intellectual property systems, patents, copyrights on code and such like, open source etc. Economic mechanisms to incentivise technological innovation. See also remix and copyright for a perspective on creative intellectual property, innovation for economic models underlying technological intellectual property systems.

One could read Stallman-citing screed by Samir Chopra for a disambiguation of the different types of intellectual property rights and an argument that even calling them “property rights” as opposed to “temporary leases to extract monopoly rents”, is playing into the hands of Big Trademark. Which might not be wrong as such, but I think one should pick one’s battles.

Nothing but chaos here for now.

Bunnie Huang says

Chinese vs Western IP models

Chinese vs Western IP models

This fuzzy, gray relationship between companies and entrepreneurs is just one manifestation of a much broader cultural gap between the East and the West. The West has a “broadcast” view of IP and ownership: good ideas and innovation are credited to a clearly specified set of authors or inventors, and society pays them a royalty for their initiative and good works. China has a “network” view of IP and ownership: the far-sight necessary to create good ideas and innovations is attained by standing on the shoulders of others, and as such there is a network of people who trade these ideas as favors among each other. In a system with such a loose attitude toward IP, sharing with the network is necessary as tomorrow it could be your friend standing on your shoulders, and you’ll be looking to them for favors. This is unlike the West, where rule of law enables IP to be amassed over a long period of time, creating impenetrable monopoly positions. It’s good for the guys on top, but tough for the upstarts.

  • Should I make a new “how chinese manufacturing works” entry, because that is fascinating in its own right. e.g. How to make millions of hoverboards almost overnight > Behind her were stacked cardboard boxes labeled “Kaiser Baas,” > the same boxes that had been at Gaoke. > Perhaps Kaiser Baas buys boards from both factories. > Perhaps one factory sells boards to another. > Perhaps one factory sells parts to another. > Perhaps both factories buy parts — or just boxes — from a third factory. > > Many such permutations exist among all the factories floating in this > strange, extraordinary bubble, which people halfway around the world have > the power to pop at any time.
  • Taken to the point of pathology, Your brilliant Kickstarter idea could be on sale in China before you’ve even finished funding it
  • Quasi-open-source biotechnology: Bios by the people who brought you
  • Open patent systems

Some wonderfully explained models of this stuff via Kevin Bryan:

Brian Cantrill, Open source confronts its mid-life crisis dives into tsome of the optimal licensing questions.

Arrieta Ibarra, Imanol, Leonard Goff, Diego Jiménez Hernández, Jaron Lanier, and E. Glen Weyl. 2017. “Should We Treat Data as Labor? Moving Beyond ’Free’.” SSRN Scholarly Paper ID 3093683. Rochester, NY: Social Science Research Network. https://papers.ssrn.com/abstract=3093683.

Boldrin, Michele, and David K. Levine. 2010. Against Intellectual Monopoly. 1 edition. Cambridge: Cambridge University Press.

Halac, Marina, Navin Kartik, and Qingmin Liu. 2016. “Optimal Contracts for Experimentation.” The Review of Economic Studies 83 (3): 1040–91. https://doi.org/10.1093/restud/rdw013.

Heller, Michael. 2008. The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives. New York: Basic Books.

Huang, Andrew. 2017. The Hardware Hacker: Adventures in Making and Breaking Hardware. 1st ed. San Francisco: No Starch Press, Inc.

Shapiro, Carl. 2007. “Patent Reform: Aligning Reward and Contribution.” Innovation Policy and the Economy 8 (January): 111–56. https://doi.org/10.1086/ipe.8.25056200.

Thadeusz, Frank. 2010. “No Copyright Law: The Real Reason for Germany’s Industrial Expansion?” Spiegel Online: International, August 18, 2010. http://www.spiegel.de/international/zeitgeist/no-copyright-law-the-real-reason-for-germany-s-industrial-expansion-a-710976.html.