Nobel Prize Winning Physicist Explains How Intellectual Property Damages Innovation

from the and-another-one dept

Over the last year or so, there have been a bunch of excellent books that have come out highlighting many of the issues we talk about here on a regular basis. The latest may be The Crime of Reason and the Closing of the Scientific Mind, written by Nobel Prize winning physicist, Robert B. Laughlin. I became aware of the book thanks to the fact that he'll be speaking at the Cato Institute this week about the book, for those of you in the Washington, DC area.

It's funny, because when we point to all the economic research on intellectual property and innovation, we've been told that economists know nothing. In fact, one critic of our site has claimed that even Nobel Prize winning economists aren't worth paying attention to -- and the only Nobel Prize winners who matter are those in the hard sciences. So, I'm sure those critics will be interested in the conclusions of Laughlin, who notes that the strengthening of intellectual property laws has harmed the ability to share knowledge and to innovate. He's quite worried about how it's impacting research and development.

Newly aggressive patent practices are increasingly violating a principle that has been with us since Roman times and is built into our societies at many levels, including our religions: the laws of man flow from the laws of nature and are subservient to them. Patenting nature is transparently immoral. So is patenting reason, since reason and nature are one and the same. Thus, the current problem with patent law is more serious than the bellyaching of a few jaded engineers. It's a crisis of legitimacy.

So, now we can add a Nobel Prize winning physicist to the list of critics of the patent system, along with a few Nobel Prize winning economists.

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Satellite Abandoned Thanks To Patent On Lunar Flybys

from the promoting-the-progress dept

A ton of folks are all submitting different versions of this story this morning (from a variety of sources), but the original appears to be at Space Daily, where it discusses how satellite company SES Americom has to abandon a satellite that had a botched launch due to a ridiculous patent on the concept of a lunar flyby. Basically, what happened is that SES had a problem with a satellite launch, such that the satellite did not reach the proper orbit (it was intended to be a geostationary satellite used by Echostar). SES then figured out that it could get the satellite into a proper orbit by making use of a lunar flyby. That part is just basic physics. But, at that point, SES discovered that Boeing happens to own a patent on doing this sort of lunar flyby, despite the fact that you can't patent physics. As someone notes in the article, Boeing merely used some jargon to make basic physics appear as a "process." If that sounds familiar, you'll note that it's the same thing that many patent holders are doing to turn math into patents using software patents.

So, rather than just doing it and having to deal with patent infringement lawsuit, SES tried to play by the rules (no matter how ridiculous) and asked Boeing to license the patent. Unfortunately, the two companies are engaged in a separate legal matter that has SES suing Boeing for $50 million. Boeing took the opportunity to tell SES it would license the patent only if SES dropped the lawsuit. Apparently, SES figured that the $50 million was worth more than saving the satellite, and will instead try to collect the insurance for the botched launch, abandoning the satellite. This may get more interesting, as apparently a third party is interested in buying the satellite and potentially taking on Boeing (or maybe just licensing the very questionable patent). Also, the insurance company apparently was not aware of these alternatives and may push SES to take one of them. Either way, thanks to a patent on physics (which, last I checked, is not something "made by man") SES has felt the need to abandon a perfectly viable satellite. I'm sure that was exactly how the Founding Fathers expected the patent system to be used. Update: The patent in question is available here.

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Science Journal Won't Publish Papers Because Authors Want To Put Them On Wikipedia

from the mine,-all-mine! dept

Over the last few months, we've been hearing more and more stories concerning some of the ridiculous levels of control that academic journals exert over the copyrights on the various papers and research they publish. Since many of those journals are ridiculously expensive, much of this important research is basically locked up entirely. This is especially troublesome when it comes to publicly funded research, which you would think should be available to the taxpayers who paid for it. While we've definitely seen a trend towards more open rules to publishing, many journals are still behind the curve. Reader parsko writes in to alert us to the news of the American Physical Society, which withdrew the offer to publish two recent studies in the Physical Review Letters because the authors wanted to be able to publish parts of the study in Wikipedia. Since the APS requires you hand over the rights to the study, they wouldn't allow it, and turned down the papers because of it. Not surprisingly, various scientists are upset about this, pointing out that it seems totally contrary to the purpose of the journal to hide such information using copyright claims. The APS has now said that it will reconsider the policy at its next meeting, but the fact that it even got this far suggests how locked down many of these journals are.

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