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Posts Tagged ‘intellectual property

“Beware of him who would deny you access to information, for in his heart he dreams himself your master”*…

NOAA/Plotting the position of the survey ship PATHFINDER, Alaska

Stewart Brand once suggested that “Information wants to be free. Information also wants to be expensive. …That tension will not go away.” Indeed, it seems to be growing…

Aaron Swartz was 26 years old when he took his own life. He did so under the shadow of legal prosecution, pursued by government lawyers intent on maximal punishment. If found guilty, he potentially faced up to 50 years in prison and a $1 million dollar fine. Swartz’s crime was not only legal, but political. He had accessed a private computer network and gained possession of highly valuable information with the goal of sharing it. His actions threatened some of the most powerful, connected, and politically protected groups in the country. Their friends in the government were intent on sending a message.

It’s the kind of story you would expect about some far-off political dissident. But Swartz took his life in Brooklyn on a winter day in 2013 and his prosecutor was the U.S. federal government. When Swartz died, he was under indictment for 13 felony charges related to his use of an MIT computer to download too many scientific articles from the academic database JSTOR, ostensibly for the purpose of making them freely available to the public. Ultimately, Swartz potentially faced more jail time for downloading academic papers than he would have if he had helped Al Qaeda build a nuclear weapon. Even the Criminal Code of the USSR stipulated that those who stored and distributed anti-Soviet literature only faced five to seven years in prison. While prosecutors later pointed toward a potential deal for less time, Aaron would still have been labeled a felon for his actions—and to boot, JSTOR itself had reached a civil settlement and didn’t even pursue its own lawsuit.

But Aaron’s cause lived on. This September marks the ten-year anniversary of Sci-Hub, the online “shadow library” that provides access to millions of research papers otherwise hidden behind prohibitive paywalls. Founded by the Kazakhstani computer scientist Alexandra Elbakyan—popularly known as science’s “pirate queen”—Sci-Hub has grown to become a repository of over 85 million academic papers.

The site is popular globally, used by millions of people—many of whom would otherwise not be able to finish their degrees, advise their patients, or use text mining algorithms to make new scientific discoveries. Sci-Hub has become the unacknowledged foundation that helps the whole enterprise of academia to function. 

Even when they do not need to use Sci-Hub, the superior user experience it offers means that many people prefer to use the illegal site rather than access papers through their own institutional libraries. It is difficult to say how many ideas, grants, publications, and companies have been made possible by Sci-Hub, but it seems undeniable that Elbakyan’s ten-year-old website has become a crucial component of contemporary scholarship.  

The success of Sci-Hub has made it a target for injunctions and investigations. Academic publishers have sued Sci-Hub repeatedly, opponents have accused the site’s creators of collaborating with Russian intelligence, and private sector critics have dubbed it a threat to “national security.” Elbakyan recently tweeted out a notification she received that the FBI had requested her personal data from Apple. 

Whatever happens to Sci-Hub or Elbakyan, the fact that such a site exists is something of a tragedy. Sci-Hub currently fills a niche that should never have existed. Like the black-market medicine purchased by people who cannot afford prescription drugs, its very being indicts the official system that created the conditions of its emergence… 

The cost of individually purchasing all the articles required to complete a typical literature review could easily amount to thousands of dollars. Beyond paying for the articles themselves, academics often have to pay steep fees to publish their research. Meanwhile, most peer reviewers and editors charged with assessing, correcting, and formatting papers do not receive compensation for their work. 

It’s particularly ironic that this situation exists alongside a purported digital “infodemic” of misinformation. The costs of this plague are massive, from opposition to the pandemic response to the conspiracy theories that drove a loving father to fire his gun inside a pizza parlor and a man to kill a mafia boss accused of having ties to the deep state. But few public figures, if any, draw the direct connection between the expensive barricades around scientific research and the conspicuous epistemic collapse of significant portions of the American political discourse…

Whether intended or not, the impossibly high paywalls of academic publishers only serve to keep scientific information out of the population’s hands. What makes this even more discordant is that the people being prevented from accessing the information are often also the taxpayers who helped fund the research in the first place. 

By framing the debate about Sci-Hub as one concerning property rights, both advocates of Elbakyan’s site and its detractors fall afoul of what John Gall called the “operational fallacy.” In his book The Systems Bible, Gall defined the operational fallacy as a situation where “the system itself does not do what it says it is doing.” In other words, what a system calls itself is not always a reliable indicator of its true function. In this case, the name of the “academic publishing industry” implies that it is supposed to be involved in the dissemination of scholarship. But the effective function of the academic publishing industry as it actually exists is to prevent the dissemination of scholarly work. 

Given the example of Sci-Hub, the easy logistics of internet publication, and the funding structure of academic research, it seems clear that in the absence of the academic publishing industry, scholarship would be more widely available, not less. If the academic publishing industry did not exist, scientists could still do their research—in fact, it would be easier to do so as more people would have access to scholarly literature. The peer-review process could still function normally—though there are good reasons to change that as well. And the resulting papers could simply be posted in a place where anyone could read them. 

When we explore the actual function of the academic publishing industry—restricting access to scholarly research—we see that these publishers have little in common with the companies that have opposed other file-sharing sites. When several record companies sued Napster in 2001, they could make the legitimate case that the economic well-being of the musicians, producers, and all the people who were needed to distribute recorded music was at stake. No such parallel exists in the case of Sci-Hub. Scientists are not paid by the publishers. Peer reviewers are not paid by the publishers. Distribution itself, as proven by Sci-Hub and its more law-abiding brother arXiv, is cheap enough to be provided to the public for free. It’s not surprising, then, that polls reveal that scientists overwhelmingly support Sci-Hub…  

Eminently worth reading in full– the civic tragedy of academic publishing: “A World Without Sci-Hub,” from Jason Rhys Perry (@JRhysParry) in @palladiummag.

Sid Meier

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As we share and share alike, we might recall that it was on this date in 1970 that the Public Broadcasting Service– PBS– premiered, when it took over (most of) the functions of its predecessor, National Educational Television.

Unlike the five major commercial broadcast television networks in the United States (ABC, CBS, NBC, Fox, and The CW) PBS is technically not a network, but rather a program distributor that provides television content and related services to its member stations. Each station sets its own schedule and programs local content (e.g., local/state news, interviews, cultural, and public affairs programs) that supplements content provided by PBS and other public television distributors.

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“And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed”*…

The first patent on an animal was granted in the U.S. in 1988. But the first agricultural patents date back to 1930 and the Plant Patent Act (PPA). Since then, patent protection on seeds has been both broadened and lengthened; in the 1980’s, protection was extended beyond “utility” (a plant that uniquely did one thing or another) to the living thing itself. And the seed industry has consolidated…

For years Haribhai Devjibhai Patel has been growing cotton, peanuts and potatoes in the western Indian state of Gujarat. For years he and his family have used seedlings from one harvest to plant the next year’s crops on his four acre field.

Last year he planted a new potato variety known as FC5. It was a decision that ultimately landed him in court, because the US company PepsiCo had already claimed the rights to that very same potato variety. Patel claims he wasn’t aware of the potato’s name, much less PepsiCo’s claim…

According to the plaintiffs’ lawyer, Anand Yadnik, the lawsuit alleges that the FC5 potato is especially bred for PepsiCo’s subsidiary company Lays and their internationally distributed product: potato chips. PepsiCo was seeking 10 million Rupies or $140.000 (€ 126.000).

“I was completely devastated. I was afraid. Not in my lifetime would I ever have been able to pay the kind of damages that were being claimed by PepsiCo,” Patel said. The 46-year-old farmer has two children and earns around $3,500 per year.

The lawsuit was based on findings that PepsiCo gathered from Patel’s field. According to his lawyer, the company hired a private detective agency to provide the data. “They took secret video footage and collected samples from farmers fields’ sans disclosing their real intent”…

The case is another example of  an ongoing global trend of companies claiming property rights for plants or genetic material of plants  across the globe. 

“Resources that used to be available to mankind as a community have now been confined to privatization,” Judith Düesberg from NGO Gene Ethical Network… The number of patents on plants worldwide has increased a hundredfold from just under 120 in 1990 to 12,000 today – 3500 of them are registered in Europe,according to the European initiative No-Patents-On-Seeds

Critics argue that patents block access to genetic material for farmers and minimize biodiversity, the diversity of species and increase farmers’ dependency on seed producers.

But Bayer, Monsanto’s parent company, told DW in a written statement: “Farmers have the choice of whether and which products they buy from which supplier. [… ] Each farmer decides freely. […] Farmers will only use our products if they gain a clear advantage.”

In Europe, a case involving Monsanto and a particular breed of melon drew media attention several years ago. Monsanto had discovered that an Indian melon variety was naturally resistant to a specific virus. At the European Patent Office it then successfully applied for a patent on that trait after breeding into other melons. 

From this moment on, not only did this trait belong to Monsanto, but so did every melon variety containing it, including the Indian melon from which it originated. Patent opponents call this practice  biopiracy

According to the Indian-based market research agency Mordor Intelligence, revenue in the seed sector will reach $90 billion by 2024 compared to about $60 billion in 2018. And over 50% of the worldwide market share is in the hands of Bayer-Monsanto, Du Pont and Syngenta…

The UN report “The right to food” has raised concerns about food security caused by “the oligopolistic structure of the input providers” warning that it could also cause food prices to increase and deprive the poorest of food.

A further concern is who owns the seeds and who produces the food. According to the NGO Germanwatch, most of the seed producing industry comes from the Global North, but 90% of biological resources (agricultural products, natural materials come) from the Global South. 

While patenting laws remain more restrictive in the Global South, an Oxfam Study shows that big global players appear to be finding loopholes

A few companies are angling to sew up the world’s seed supply: “Patents on plants: Is the sellout of genes a threat to farmers and global food security?

* Genesis, 1:29 (KJV)

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As we reap what we sow, we might send well-organized birthday greetings to Antoine Laurent de Jussieu; he was born on this date in 1748.  A botanist, he is best remembered as the first to publish a natural classification of flowering plants; much of his system– which was, in part, based on unpublished work by his uncle, Bernard de Jussieu— remains in use today.

220px-Jussieu_Antoine-Laurent_de_1748-1836

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Written by (Roughly) Daily

April 12, 2021 at 1:01 am

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”*…

From the Wright Brothers’ patent filings (source)

… It’s illuminating to point out that all three transformative technologies of the twentieth century – aviation, the automobile, and the digital computer – started off in patent battles and required a voluntary suspension of hostilities (a collective decision to ignore patents) before the technology could truly take hold.

The Wright brothers won every patent case they fought, and it did them absolutely no good. The prospect of a fortune wasn’t what motivated them to build an airplane, but ironically enough they could have made a fortune had they just passed on the litigation. In 1905, the Wrights were five years ahead of any potential competitor, and posessed a priceless body of practical knowledge. Their trade secrets and accumulated experience alone would have made them the leaders in the field, especially if they had teamed up with Curtiss. Instead, they got to watch heavily government-subsidized programs in Europe take the technical lead in airplane design as American aviation stagnated.

If you are someone who believes that the Internet and computer software are a transformative technology on a par with aviation, you may find it interesting to note that there is now a patent cease-fire in effect in the world of software, the occasional high-profile infringement case notwithstanding. The reason for the cease-fire is simple: if companies like IBM, Xerox, and Sun were to begin fully enforcing their patent portfolios, it would mean an apocalypse of litigation for all software developers. Everyone understands that the health and growth of the Internet are contingent on ignoring the patent system as much as possible.

At the same time, more patents are being granted than ever before, for broader claims, and with an almost complete disregard for prior art. Entire companies – and not just legal firms – are basing business models on extracting money from the patent system without actually creating any products. And the boundaries of patent law are expanding. For the first time in history, it’s possible to patent pure mathematical ideas (in the form of software patents), or even biological entities. The SARS virus was patented shortly after being isolated for the first time.

But if the patent system doesn’t even work for the archetypal example – two inventors, working alone, who singlehandedly invent a major new technology – why do we keep it at all? Who really benefits, and who pays?…

Learning from (the unhappy experiences of) the Wright Brothers– Maciej Cegłowski explains why the U.S. patent system is counter-productive: “100 Years of Turbulence.” Eminently worthy of reading in full.

See also, Bruce Perens: “Software Patents vs. Free Software.”

* Bill Gates, Challenges and Strategy Memo, Microsoft, May 16, 1991

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As we apply our intellects to intellectual property, we might recall that it was on this date in 1976 that Steve Jobs, Steve Wozniak, and Ronald Wayne signed a partnership agreement that established the company that would become Apple Computer, Inc.– a company all about the IP– on January 3, 1977.

Wayne left the partnership eleven days later, relinquishing his ten percent share for $2,300.

Apple in Steve Job’s parents’ home on Crist Drive in Los Altos, California. Although it is widely believed that the company was founded in the house’s garage, Apple co-founder Steve Wozniak called it “a bit of a myth”. Jobs and Wozniak did, however, move some operations to the garage when the bedroom became too crowded.

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“Patents need inventors more than inventors need patents”*…

 

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Patents for invention — temporary monopolies on the use of new technologies — are frequently cited as a key contributor to the British Industrial Revolution. But where did they come from? We typically talk about them as formal institutions, imposed from above by supposedly wise rulers. But their origins, or at least their introduction to England, tell a very different story…

How the 15th century city guilds of Italy paved the way for the creation of patents and intellectual property as we know it: “Age of Invention: The Origin of Patents.”

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* Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property

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As we ruminate on rights, we might recall that it was on this date in 1981 that IBM introduced the IBM Personal Computer, commonly known as the IBM PC, the original version of the IBM PC compatible computer design… a relevant descriptor, as the IBM PC was based on open architecture, and third-party suppliers soon developed to provide peripheral devices, expansion cards, software, and ultimately, IBM compatible computers.  While IBM has gone out of the PC business, it had a substantial influence on the market in standardizing a design for personal computers; “IBM compatible” became an important criterion for sales growth.  Only Apple has been able to develop a significant share of the microcomputer market without compatibility with the IBM architecture (and what it has become).

300px-Bundesarchiv_B_145_Bild-F077948-0006,_Jugend-Computerschule_mit_IBM-PC source

 

“He who receives an idea from me, receives instruction himself without lessening mine”*…

 

IP Badge

 

Article I Section 8 | Clause 8 of the U.S. Constitution provides that “[The Congress shall have power] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  And so that family of protections/rights in the intangible things that we now know as “intellectual property” was enshrined at our nation’s birth.  But has that affordance gotten out of hand?  More specifically, is the concept of “intellectual property” itself a problem?

The grand term ‘intellectual property’ covers a lot of ground: the software that runs our lives, the movies we watch, the songs we listen to. But also the credit-scoring algorithms that determine the contours of our futures, the chemical structure and manufacturing processes for life-saving pharmaceutical drugs, even the golden arches of McDonald’s and terms such as ‘Google’. All are supposedly ‘intellectual property’. We are urged, whether by stern warnings on the packaging of our Blu-ray discs or by sonorous pronouncements from media company CEOs, to cease and desist from making unwanted, illegal or improper uses of such ‘property’, not to be ‘pirates’, to show the proper respect for the rights of those who own these things. But what kind of property is this? And why do we refer to such a menagerie with one inclusive term?

The phrase ‘intellectual property’ was first used in a legal decision in 1845 and acquired formal heft in 1967 with the establishment of the World Intellectual Property Organization (WIPO), a specialised agency of the United Nations that represents and protects the commercial interests of holders of copyrights, patents, trademarks and trade secrets. The ubiquitous use of ‘intellectual property’ began in the digital era of production, reproduction and distribution of cultural and technical artifacts. As a new political economy appeared, so did a new commercial and legal rhetoric. ‘Intellectual property’, a central term in that new discourse, is a culturally damaging and easily weaponised notion. Its use should be resisted…

Samir Chopra (@EyeOnThePitch) argues that copyrights, patents and trademarks are all important, but the term ‘intellectual property’ is nonsensical and pernicious: “End intellectual property.”

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* “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”                    — Thomas Jefferson

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As we share and share alike, we might recall that it was on this date in 1937 that Wallace Carothers, a chemist at DuPont, was granted U.S. Patent #2071250A for “Monocomponent artificial filaments or the like of synthetic polymers; [and the] Manufacture thereof from homopolycondensation products”– or as we know the product in question, nylon.

Nylon was the first commercially successful synthetic thermoplastic polymer.  It’s first commercial use was in a nylon-bristled toothbrush in 1938, followed more famously by its use in women’s stockings or “nylons” which were shown at the 1939 New York World’s Fair and first sold commercially in 1940.  During World War II, almost all nylon production was diverted to the military for use in parachutes and parachute cord. But these wartime uses of nylon (and other DuPont-patented plastics) greatly increased the market for the new materials– and thus, for DuPont’s patents– in the post-war era.

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Carothers in his lab, stretching a sample of nylon fabric

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Written by (Roughly) Daily

February 16, 2020 at 1:01 am

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