WE frequently repeat the fact that the patent system benefits monopolies, patent trolls, and lawyers who are sometimes patent trolls too*. Somebody has just shared nice new proof (a study) that agrees with what we showed before -- that there is increasing concentration of power in the US patent system, meaning that very few powerful companies devise it as a protectionist measure to prevent market entry by competitors.
[PDF]
. Gray prepared/delivered it jointly with Harold Wegner just a few days ago.
Increasing€ Concentration
Within€ the€ coming€ decade€ it€ may€ be€ estimated€ that€ just€ 150€ companies€ will account€ for€ 50%€ of€ all€ American€ patents€ granted,€ while€ just€ the€ top€ ten€ companies€ will€ soon€ account€ for€ 20€ %€ of€ all€ patents€ granted
The myth is that IP rights are as important as our rights in castles, cars and corn oil. IP is supposedly intended to encourage inventors and the investment needed to bring their products to the clinic and marketplace. In reality, patents often suppress invention rather than promote it: drugs are "evergreened" when patents are on the verge of running out – companies buy up the patents of potential rivals in order to prevent them being turned into products. Moreover, the prices charged, especially for pharmaceuticals, are often grossly in excess of those required to cover costs and make reasonable profits.
IP rights are beginning to permeate every area of scientific endeavour. Even in universities, science and innovation, which have already been paid for out of the public purse, are privatised and resold to the public via patents acquired by commercial interests. The drive to commercialise science has overtaken not only applied research but also "blue-skies" research, such that even the pure quest for knowledge is subverted by the need for profit.
"Business secretary Peter Mandelson is slimed by an environmental protestor outside the Royal Society on Carlton House Terrace, Pall Mall after allegations of 'favours for friends' over the Heathrow third runway decision" [Courtesy of "Plane Stupid", via Wikimedia]
Again, the Secretary of State can make anyone do anything, or pay anything, without due process, preserving livelihood, lawful judgment. It's the exact opposite of the 'anything by which any part of these concessions or liberties might be revoked or diminished' being 'null and void and we will at no time make use of it' clause.
I'm not a lawyer, but I'll take the drafting of Geoffrey de Mandeville and the other 24 Barons from 1215 over Peter Mandelson and Sion Simon.
For a thorough legal discussion, read Lillian Edwards post, then sign the petition and join the Open Rights Group.
The Government's Digital Economy Bill could be in breach of EU laws, according to an internet law expert. Professor Lilian Edwards has also warned that the Bill could make it impossible to operate a free wireless network legally.
There's a lot to hate about Peter Mandelson's controversial Digital Economy Bill, but there's one provision that perfectly captures the absolute, reality-denying absurdity of the whole enterprise. That titbit is the provision that holds the Bill's most drastic measures in reserve, only to be used if Britain's illegal filesharing doesn't drop off by 70% within a year of the main part of the Bill coming into force.
ISPs disagree with content companies and government over where the costs of prevention should fall. Last month, BT and Carphone Warehouse, TalkTalk's parent, estimated policing broadband would cost about €£2 a line a month. The latest estimate from the Department of Business, Innovation and Skills (which is piloting the bill through Parliament) is lower – in the region of €£3 to €£10 a notification (ISPs think the number is closer to the lower of those).
Comments
dyfet
2009-11-27 23:24:27
Roy Schestowitz
2009-11-27 23:28:43
dyfet
2009-11-28 00:15:05