Bonum Certa Men Certa

TechDirt Questions Information as 'Property' and Patents' Necessity

Mike Masnick
TechDirt's Mike Masnick



Summary: Critical thinking from TechDirt merits special attention

ONE of the most effective Web sites when it comes to fighting intellectual monopolies would definitely be TechDirt. It's a great site! Today it asks, "Rather Than Considering Information 'Property,' What About Looking At Productive vs. Destructive Uses?"



There is also a link to "Modern Day Protectionism" [via]

The consumer entertainment industry lobbyists lie. They lie over, and over, and over. They lie to the media, they lie to the politicians, they lie to you. The lies in question are rarely looked upon critically by the media or the politicians, only by grassroots opposition. The main lies involved are all variations on the same theme; copying equals theft. That is to say, if you copy a piece of data – be it a software program, a song, a movie, a book, that makes you a thief. You're depriving the producer of that work of money which they supposedly have a right to.

I don't know, maybe I wasn't "educated" well enough in government schools, but no matter how I twist and turn my logic, I still fail to see how this even remotely makes sense. If I walk into a store and leave with a jacket for which I have not paid then I have deprived the store's owner of his or her justly acquired, tangible property. They have one less jacket. They are directly harmed by my action.

[...]

For an extended discourse and refutation of the other ones, as well as a more in-depth take on copyright, I recommend to the reader Stephan Kinsella's brilliant essay Against Intellectual Property.


TechDirt later brings up the question, "What If The Very Theory That Underlies Why We Need Patents Is Wrong?"

But, of course, patents are designed to make that sort of thing more difficult, because it assumes that the initial act of invention is the key point, rather than all the incremental innovations built on top of it that all parties can benefit from. In fact, the report points to numerous studies that show, when given the chance, many companies freely share their ideas with others, recognizing the direct benefit they get. This flies in the face of (unsubstantiated) claims by patent system supporters that the patent system is needed to disclose and share inventions. In fact, the evidence suggests that in many cases, firms will willingly share that information anyway (for a variety of reasons detailed in the report) without requiring the "prize" of a monopoly right to do so.


Here is the corresponding paper which TechDirt references. It necessitates a rethink if not an overhaul of the system.

"I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents."

--Dean Drako, Barracuda's CEO



Recent Techrights' Posts

Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
 
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026