Here's a droll piece about poor, little unloved intellectual monopolies:
At the highest level, there are those who no longer believe that all property is theft but appear to make an exception for IP. Since every newly created work builds upon the words, the thoughts, the ideas, and the knowledge created by countless others in their furtherance of humanity, any attempt to ring-fence an item of IP, and exclude others from it is an attempt to misappropriate part of the common intellectual heritage of mankind. Since knowledge and information can be shared with others without depriving oneself of them, there is no loss to oneself if such an act of sharing takes place.
At a lower level, there are those who accept the existence of IP rights, but reserve their criticisms and their hostility for specific manifestations of it: the enforcement of copyright against large-scale private copyists, the use of trade mark rights to carve up markets so that genuine goods cannot be imported from a country where they are sold cheaply for resale in another country where they fetch a better price; the theft of traditional knowledge and culture which is then repackaged as copyright- or patent-protected property; the patrolling of industry by unproductive patent trolls, intent upon securing a rent where they create no value; death by patent monopoly for millions in the developing world who, in the unlikely event that they can even access vital medicines, cannot afford them.
Sounds like a fair summary. It concludes:
attitudes toward IP rights focus principally upon their negative qualities and do not connect them with that which is positive. Thus, new medicines save lives, while patents kill; music is cool, while copyright is a clamp; brands are brilliant, while trade marks are tools of trade manipulation. It is too much to hope that the public at large will wake up one morning, enlightened at the beneficial, positive, and above all necessary role played by IP rights, but we can at least aspire to teach that, between that which they praise and that which they condemn, there is a powerful causative connection.
To which I would reply: Why bother? Given the problems with intellectual monopolies nicely summarised above, isn't it time to admit that in fact there are no benefits, that it is all a hideous con, a house of cards that needs to blown down once and for ever? (Via IPKat.)
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