InstaMonkey: Lawyers ruin everything

I'm pretty iffy on the principle of intellectual property already, but stories like this just persuade me that it's generally a bad idea:

Patent holding company NTP, which received a $612.5 million settlement from BlackBerry marker Research In Motion in a patent infringement case, has filed patent lawsuits against six makers of smartphones or related software, including Apple and Google.

A company that doesn't produce anything, but simply buys up patents in order to extort money from any company trying to produce an interesting product that meets a customer need? Only a lawyer could come up with an idea like that.

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Patent Extortion

A company that doesn't produce anything, but simply buys up patents in order to extort money from any company trying to produce an interesting product that meets a customer need?

I'm not sure that is an entirely accurate assessment of NTP. According to Campana's wikipedia page, he formed the company to hold his patents on wireless push email so he could sue RIM for infringement. He died of cancer before RIM settled, and I'm not sure who owns NTP now, or what their corporate mission is. It is worth noting that Campana's patents have since been rejected by the Patent Office, but are still considered valid until all appeals have been exhausted.

To play the Devil's Advocate a bit, I'd say that the buying and selling of patents is perfectly acceptable from a Libertarian/Free Market perspective. I guess the real question is should there be patents and patent protection (by the government) in the first place. Personally, I see the need to a certain extent, but I think sometimes the patent laws are exploited in ways that don't benefit the economy/society as a whole. There are countless examples of corporations buying up patents for new technologies for the express purpose of burying them, so that their internally developed competing technology can be first to market. AT&T or Bell Labs did this with one of Norbert Wiener's patents (though I forget exactly what it was for).

What's the standard Libertarian position (if there is such a thing) on IP and patents? It would seem that a pure Libertarian would not support any protection of IP, but then where would that leave us?

Re: Patent Extortion

What's the standard Libertarian position (if there is such a thing) on IP and patents?

Well, I don't know if the LP has a plank on IP, but they're pretty much irrelevant to the libertarian cause at this point. Libertarianism, as you might expect, doesn't really have a strong consensus on the subject. From what I've seen, however, the more "hardcore" a libertarian is, the more skeptical of and/or opposed to the concept of "intellectual property." (Cf. this excerpt from one of Hayek's writings.) More moderate libertarians tend, in my experience, to support narrowing of the definition of IP and shortening of protected periods. The reason being that IP law is fundamentally a mechanism for government-sponsored monopoly, and that broad definitions and long protection terms serve only to stifle the very innovation that IP law was created to encourage.

Here's a nice quote on the subject from a famous libertarian extremist:

"Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property." -- Thomas Jefferson

Also: Full disclosure

I should probably note my own hypocrisy here: I work for a large company and in a business sector who rely heavily on software patents and other intellectual property. So it's fair to say that a significant portion of my income is derived from IP law.

RE Disclosure

So it's fair to say that a significant portion of my income is derived from IP law.

I'm going to go out on a limb here and say that this is probably true for anyone who works for any corporation.

In 1998, the number of [international PCT] patent applications filed per 100,000 workers in an individual state ranged from 1.3 to 55.6, with an average of 14.9. By 2006, the range grew from 1.3 to 82.1, with an average of 25.1. Delaware had the highest number of patents per worker in 2006, with 82.1 PCT applications per 100,000 workers, followed by Massachusetts and Minnesota.

From kauffman.org.

Re: Delaware

No surprise on the Delaware thing - many businesses incorporate in Delaware for tax reasons, even though the majority of their employees, management, and facilities are located elsewhere.

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