Against Intellectual Monopoly: Difference between revisions
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===Chapter 1: Introduction=== | ===Chapter 1: Introduction=== | ||
An overview of the central theme: intellectual property is in fact intellectual monopoly and hinders rather than helps innovation and creation. | An overview of the central theme: intellectual property is in fact intellectual monopoly and hinders rather than helps innovation and creation. | ||
===Chapter 2: Creation Under Competition=== | ===Chapter 2: Creation Under Competition=== | ||
Would the world be devoid of great or lesser works of art without copyright? | Would the world be devoid of great or lesser works of art without copyright? This chapter illustrates the markets thriving without intellectual monopoly. | ||
In few industries has there been such extensive innovation as in the software industry – and few technologies have changed our way of life as much. Virtually none of the innovations in this industry took place with the protection of intellectual monopoly. | |||
Prior to the 1981 U.S. Supreme Court decision in ''Diamond vs Diehr'', it was not possible to patent software at all and the current burst of patent lawsuits mouse originates in the subsequent extension of patents to software products in the 1994 Federal Circuit Court ruling ''In re Alapat''. | |||
Not only did patents play no role in software innovation, copyrights played only a limited role. While computer programs were often copyrighted, in the early years of the PC industry, copyright was seldom respected or enforced. | |||
[[Microsoft]] made little effort either legal or technical to protect their "intellectual property" in their early creative days. It is in the 21st century, that they invest their time and energy in the prevention of copying. | |||
The best evidence that copyright and patents are not needed and that competition leads to thriving innovation in the software industry, is its thriving and innovative portion developing [[open source software]]. | |||
===Chapter 3: Innovation Under Competition=== | ===Chapter 3: Innovation Under Competition=== | ||
What would happen to innovation without patents? | What would happen to innovation without patents? | ||
Revision as of 23:14, 12 September 2011
| Against Intellectual Monopoly | |
|---|---|
 | |
| Author(s) | Michele Boldrin and David K. Levine |
| Country | United States |
| Subject(s) | Economics |
| Genre(s) | Non-fiction |
| Publisher | Cambridge University Press |
| Publication date |
2005 (online, 1st edition) 2008 (print) |
| Media type | Print, Digital |
| Pages | 298 p. |
| ISBN | 9780521879286 |
| OCLC Number | 187300457 |
Against Intellectual Monopoly is a book written by Michele Boldrin and David K. Levine. The text details the utilitarian case against intellectual property, arguing that neither copyright nor patent are part of the free market order, but rather they are the product of positive law, a modern invention of the state, and one that is the enemy of technological progress.
The authors argue that intellectual property is a misnomer; that the term monopoly is more accurate and the text examines the institution the same way all monopolies are examined in economic literature.
Contents
Credits
Chapter 1: Introduction
An overview of the central theme: intellectual property is in fact intellectual monopoly and hinders rather than helps innovation and creation.
Chapter 2: Creation Under Competition
Would the world be devoid of great or lesser works of art without copyright? This chapter illustrates the markets thriving without intellectual monopoly.
In few industries has there been such extensive innovation as in the software industry – and few technologies have changed our way of life as much. Virtually none of the innovations in this industry took place with the protection of intellectual monopoly.
Prior to the 1981 U.S. Supreme Court decision in Diamond vs Diehr, it was not possible to patent software at all and the current burst of patent lawsuits mouse originates in the subsequent extension of patents to software products in the 1994 Federal Circuit Court ruling In re Alapat.
Not only did patents play no role in software innovation, copyrights played only a limited role. While computer programs were often copyrighted, in the early years of the PC industry, copyright was seldom respected or enforced.
Microsoft made little effort either legal or technical to protect their "intellectual property" in their early creative days. It is in the 21st century, that they invest their time and energy in the prevention of copying.
The best evidence that copyright and patents are not needed and that competition leads to thriving innovation in the software industry, is its thriving and innovative portion developing open source software.
Chapter 3: Innovation Under Competition
What would happen to innovation without patents?
Chapter 4: The Evil of Intellectual Monopoly
Why are patents so bad anyway?
Chapter 5: The Devil in Disney
What is the big deal with copyright?
Chapter 6: How Competition Works
How would artists and innovators get paid without copyrights and patents?
Chapter 7: Defenses of Intellectual Monopoly
What is the conventional wisdom and why it is wrong.
Chapter 8: Does Intellectual Monopoly Increase Innovation?
This is the heart of the matter: there is no evidence that intellectual monopoly serves the purpose that both the U.S. Constitution and economic logic dictates. There is no evidence it "works" to increase creation and innovation.
Chapter 9: The Pharmaceutical Industry
But what about life-saving drugs?
Chapter 10: The Bad, the Good, and the Ugly
A look at various policy options.
References
See also
Links
- Official page
- Final online version (2008) (PDF)(Scribd)
- Excerpt from Chapter 1 "James Watt: Monopolist"
- Articles, essays and reviews
- "Ideas, Free and Unfree: A Book Commentary" by Jeffrey A. Tucker, March 2011 (collection of live blog entries from 2009)
- Mises Review: "Against Intellectual Monopoly" by David Gordon, 2009 (republished as Mises Daily here)
- RAE Review: "A critical review of against intellectual monopoly" by John Kennedy, October 2010
- "Intellectual Monopoly is an Unnecessary Evil" by Art Carden, May 2009
- "If You Believe in IP, How Do You Teach Others?" by Jeffrey A. Tucker, November 2009
- "The patent system: End it, don’t mend it" by David K. Levine, Michele Boldrin, December 2009
- Other media
- "Against Intellectual Monopoly" interview with Michele Boldrin, March 2009 (YouTube)
- Cato book forum: "Against Intellectual Monopoly" lecture by Michele Boldrin, November 2008 (YouTube)