[lbo-talk] Copyrights and the Cultural Revolution

Dwayne Monroe idoru345 at yahoo.com
Fri Dec 2 07:40:42 PST 2005


Wojtek:

It is not about putting one's name on a product, but about monopoly rights of the seller of a product. The concept of "intellectual property" is a ruse, window-dressing designed to cover up the monopolistic nature of the practice which evokes bad vibes just about in everyone but the monopolist himself.

=========

Excellent point.

Consider, for example, the IP case of NTP vs Research In Motion.

NTP, a firm which invents nothing yet holds IP rights over technologies RIM has deployed, is suing on the principle its 'rights' as a property holder have been trampled upon by RIM engineering, manufacturing and selling the popular Blackberry device to millions and building a communications network around that device.

Clearly, this is extortion and an attempt to achieve accumulation by dispossession.


>From the WSJ:

Court Deals Blow To BlackBerry Firm Ruling Favors Rival NTP, Leaves Research In Motion With 'One Less Card' to Play

By MARK HEINZL

Staff Reporter of THE WALL STREET JOURNAL December 1, 2005

A U.S. District Court voided a deal that Research In Motion Ltd., the maker of BlackBerry email devices, hoped would settle a long-standing patent suit. The decision adds pressure on RIM to engage in new settlement talks in a weakened posture.

The ruling by a federal judge in Virginia sharply narrows RIM's legal avenues, although the company insists it has alternate technology to keep its BlackBerry service running without infringing patents. U.S. District Court Judge James R. Spencer ruled in favor of Virginia patent concern NTP Inc., which had argued that a $450 million agreement announced in March was never finalized.

The court also denied a request by RIM to delay the court proceedings to allow the U.S. Patent and Trademark Office to complete a re-examination of NTP's patents. The rulings pave way for NTP to seek reinstatement of a 2003 court injunction barring U.S. BlackBerry sales and service. That injunction was stayed pending RIM's appeal of the case.

The patent fight involved RIM's use of technology to send email wirelessly and automatically, and without a need to manually retrieve messages. A jury found RIM infringed NTP's patents, rejecting the company's defense that since BlackBerry emails are sent through a Canadian network U.S. patents don't apply.

[...]

full (behind paywall) at -- wsj.com

The true nature of IP is revealed by cases such as this.

...

Wojtek:

BTW, this list would be a far more useful tool for social change if it provided practical hints on how to subvert the global monopoly capital - i.e. how to avoid paying various premiums it imposes on us - instead of, or perhaps in addition to, spinning wheels on counterculture and theoretical.

The practical hints on the draconian bankruptcy laws posted to this list are a good model.

=========

I have no problem with theoretical arguments which can, when progress of some sort is made, sharpen one's mental skills.

But your point is well made.

One thing people can do is support and use alternative modes of IP such as:

<http://creativecommons.org/>

Other examples will follow.

.d.



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