Property Rights – Page 5 – artdiamondblog.com

Venezuelan Socialists Seize Private Toilet Paper

(p. A6) CARACAS, Venezuela (AP) — Police in Venezuela say they have seized nearly 2,500 rolls of toilet paper in an overnight raid of a clandestine warehouse storing scarce goods.
. . .
The socialist government says the shortages are part of a plot by opponents to destabilize the country. Economists blame the government’s price and currency controls.

For the full story, see:
AP. “World; Police Seize 2,500 Rolls of Toilet Paper.” Omaha World-Herald (Fri., May 31, 2013): 6A.
(Note: ellipsis added.)

Slow Patent System Makes U.S. Look Like Third World Country

(p. 118) The absurd length of time and the outrageous cost of obtaining a patent is a national disgrace. If we heard it took two to five years to obtain title to real property somewhere, we would assume it was a corrupt third world country. And yet that is how long it takes to receive a patent now, depending on the area of technology.

Source:
Halling, Dale B. The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations Are Killing Innovation. Charleston, S.C.: BookSurge Publishing, 2009.

Walker Says Those Who Call Him “Patent Troll” Want His Property Without Paying

Source of caption and photo: online version of the WSJ article quoted and cited below.

(p. B1) Jay Walker turned his idea for “name your own price” Internet auctions into a fortune by starting Priceline.com Inc. Now the entrepreneur is trying to cash in on his ideas by suing other companies.

Since it was founded in 1994 as a research lab, Walker Digital LLC has made much of its money by spinning out its inventions, like online travel agent Priceline and vending-machine firm Vendmore Systems LLC, as independent businesses.
. . .
Mr. Walker defends his newly aggressive tactics, which some critics compare to those of “patent trolls,” a derogatory term for firms that opportunistically enforce patents. Without the lawsuits, he said, his patents could expire while other companies exploit them. Patents have a 20-year lifespan.
“Not only are we not a troll, but the people who want to label me are often the same ones that want to use our property and not pay,” Mr. Walker said in an interview.

For the full story, see:
JOHN LETZING. “Founder of Priceline Spoiling for a Fight Over Tech Patents.” The Wall Street Journal (Mon., August 22, 2011): B1 & B10.
(Note: ellipsis added.)

Property Rights, Flexible Work Rules, Open Markets Are Keys to Economic Growth

Source of book image: online version of the WSJ review quoted and cited below.

(p. A11) Messrs. Hubbard and Kane argue, as do others, that certain policies and core principles are the key: property rights, flexible work rules, open markets. For the authors, such matters explain economic growth entirely.

To those who would cite the primacy of technological breakthroughs, Messrs. Hubbard and Kane assert that inventions only spark growth if there are systems in place (such as intellectual-property rights) that enable inventions to flourish and their value to spread. “The wheel and the windmill were invented many times,” they write, “then forgotten, until finally one society had the institutional framework to implement them widely and pass them on permanently.” In short, “institutions explain innovation.”

For the full review, see:
Matthew Rees. “BOOKSHELF; How the Mighty Fall; The Roman empire eventually lost its economic vitality thanks to price controls, heavy taxes and state-sponsored debt relief.” The Wall Street Journal (Fri., June 21, 2013): A11.
(Note: ellipses added.)
(Note: the online version of the review has the date June 20, 2013.)

The book under review, is:
Hubbard, Glenn, and Tim Kane. Balance: The Economics of Great Powers from Ancient Rome to Modern America. New York: Simon & Schuster, 2013.

After Failing to Enslave Indians, Starving Jamestown Colonists Ate 14-Year-Old Girl

“A facial reconstruction of a 14-year-old girl whose skull shows signs that her remains were used for food after her death and burial.” Source of caption and image: online version of the NYT article quoted and cited below.

Acemoglu and Robinson in the long, but thought-provoking, opening chapter of their Why Nations Fail book, discuss starvation at the Jamestown colony. Only they don’t mainly attribute it to a harsh winter or a slow rescue from England, as does the article quoted below (it is from the New York Times, after all).
Economists Acemoglu and Robinson (p. 23) instead criticize the colony’s initial plan to thrive by enslaving natives to bring them gold and food. Eventually John Smith made the bold suggestion that the colonists should try to work to produce something to eat or to trade. The rulers of the colony ignored Smith, resulting in starvation and cannibalism.

(p. A11) Archaeologists excavating a trash pit at the Jamestown colony site in Virginia have found the first physical evidence of cannibalism among the desperate population, corroborating written accounts left behind by witnesses. Cut marks on the skull and skeleton of a 14-year-old girl show that her flesh and brain were removed, presumably to be eaten by the starving colonists during the harsh winter of 1609.

The remains were excavated by archaeologists led by William Kelso of Preservation Virginia, a private nonprofit group, and analyzed by Douglas Owsley, a physical anthropologist at the National Museum of Natural History in Washington. The skull bears tentative cuts to the forehead, followed by four strikes to the back of the head, one of which split the skull open, according to an article in Smithsonian magazine, where the find was reported Wednesday.
It is unclear how the girl died, but she was almost certainly dead and buried before her remains were butchered. According to a letter written in 1625 by George Percy, president of Jamestown during the starvation period, the famine was so intense “thatt notheinge was Spared to mainteyne Lyfe and to doe those things which seame incredible, as to digge upp deade corpes outt of graves and to eate them.”

For the full story, see:
NICHOLAS WADE. “Girl’s Bones Bear Signs of Cannibalism by Starving Virginia Colonists.” The New York Times (Thurs., May 2, 2013): A11.
(Note: ellipsis added.)
(Note: the online version of the story has the date May 1, 2013.)

The Acemoglu book mentioned above is:
Acemoglu, Daron, and James Robinson. Why Nations Fail: The Origins of Power, Prosperity, and Poverty. New York: Crown Business, 2012.

“Human remains from the Jamestown colony site in Virginia bearing evidence of cannibalism.” Source of caption and photo: online version of the NYT article quoted and cited above.

Steve Jobs Viewed Patents as Protecting Property Rights in Ideas

(p. 512) . . . Apple filed suit against HTC (and, by extension, Android), alleging infringement of twenty of its patents. Among them were patents covering various multi-touch gestures, swipe to open, double-tap to zoom, pinch and expand, and the sensors that determined how a device was being held. As he sat in his house in Palo Alto the week the lawsuit was filed, he became angrier than I had ever seen him:

Our lawsuit is saying, “Google, you fucking ripped off the iPhone, wholesale ripped us off.” Grand theft. I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product. I’m willing to go to thermonuclear war on this. They are scared to death, because they know they are guilty. Outside of Search, Google’s products–Android, Google Docs–are shit.

A few days after this rant, Jobs got a call from Schmidt, who had resigned from the Apple board the previous summer. He suggested they get together for coffee, and they met at a café in a Palo Alto shopping center. “We spent half the time talking about personal matters, then half the time on his perception that Google had stolen Apple’s user interface designs,” recalled Schmidt. When it came to the latter subject, Jobs did most of the talking. Google had ripped him off, (p. 513) he said in colorful language. “We’ve got you red-handed,” he told Schmidt. “I’m not interested in settling. I don’t want your money. If you offer me $5 billion, I won’t want it. I’ve got plenty of money. I want you to stop using our ideas in Android, that’s all I want.” They resolved nothing.

Source:
Isaacson, Walter. Steve Jobs. New York: Simon & Schuster, 2011.
(Note: ellipsis added.)

Ancient Recipe Rights Protection

“The Sybarites,” Phylarchus [the 3rd cent. BCE historian] says, “having drifted into luxury wrote a law that women be invited to festivals and that those who make the call to the sacrifice issue their summons a year in advance; thus the women could prepare their dresses and other adornments in a manner befitting that time span before answering the summons. And if some cook or chef invented an extraordinary recipe of his own, no one but the inventor was entitled to use it for a year, in order that during this time the inventor should have the profit and others might labor to excel in such endeavors. Similarly, those who sold eels were not charged taxes, nor those who caught them. In the same manner they made those who worked with sea-purple dye and those who imported it exempt from taxes.”

Source:
Athenaeus. Deipnosophistae (the Scholars at Dinner), XII 521c2-d7.
(Note: as quoted on the back cover of Journal of Political Economy 118, no. 6 (December 2010).)

“If Apple Is a Fruit on a Tree, Its Branches Are the Freedom to Think and Create”

(p. B3) Millions of Chinese flooded the popular micro blogging site Sina Weibo to tweet their condolences on the death of Steve Jobs over the past two days. They also raised the question: Why isn’t there a Steve Jobs in China?
. . .
One of the most popular postings on Mr. Jobs’ legacy came from scholar Wu Jiaxiang. “If Apple is a fruit on a tree, its branches are the freedom to think and create, and its root is constitutional democracy,” he wrote. “An authoritarian nation may be able to build huge projects collectively but will never be able to produce science and technology giants.” On that, Wang Ran, founder of a boutique investment bank China eCapital Corp., added, “And its trunk is a society whose legal system acknowledges the value of intellectual property.”

For the full story, see:
Li Yuan. “China Frets: Innovators Stymied Here.” The Wall Street Journal (Sat., October 8, 2011): B3.
(Note: ellipsis added.)

Richard Posner Seeks to Limit and Reform the Patent System

“Judge Richard Posner.” Source of caption and photo: online version of the WSJ article quoted and cited below.

I am deeply conflicted about patents. On the one hand, property rights are important, both ethically and in terms of economic incentives. On the other hand, patents seem to restrict innovation.
The views of Posner are worth serious consideration. My own current view is that the patent rules need to be reformed and their implementation made more efficient. But I do not think the patent system should be abolished.

(p. B1) While technology companies continue to fight over smartphone patents, one judge has fought his way into the ring.

He is 73-year-old Richard Posner, among the most potent forces on the federal bench and an outspoken critic of the patent system.
Presiding over a lawsuit between Apple Inc. . . . and Google Inc.’s . . . Motorola Mobility in June, he dropped a bombshell, scrapping the entire case and preventing the companies from refiling their claims. The ruling startled the litigants in the case and fueled a national discussion about whether the patent system (p. B5) is broken.
. . .
In the June ruling, explaining why he wouldn’t ban Motorola products from the shelves, Judge Posner said: “An injunction that imposes greater costs on the defendant than it confers benefits on the plaintiff reduces net social welfare.”
Judge Posner, who declined to be interviewed for this article, has continued to press the issue.
This month, he wrote an essay in the Atlantic headlined, “Why There Are Too Many Patents In America.” He said “most industries could get along fine without patent protection” and that the U.S. Patent and Trademark Office has done a woeful job, calling it “understaffed,” and “many patent examinations…perfunctory.”
He saved ammunition for juries and fellow jurists. “Judges have difficulty understanding modern technology and jurors have even greater difficulty,” he wrote. He suggested several reforms to the patent system, including shortening the patent term for inventors in some industries and expanding the authority of the Patent and Trademark Office to try patents cases.
. . .
Judge Posner’s intellectual curiosity is well-known and “people assume he has no political ax to grind because he’s not trying to advance the fortunes of any particular segment of the economy,” said Arthur D. Hellman, a law professor at University of Pittsburgh who studies the judiciary.
Yet his ruling poses a difficult question for the Federal Circuit Court of Appeals, the specialized one that handles intellectual property cases, about whether infringement matters without damages.
Peter Menell, a law professor at UC Berkeley, likened it to the old thought experiment that begins “If a tree falls in the woods.” He said: “If there are no damages, do you need to have a trial?”
Juge Posner also rejected Google’s bid to block the sale of iPhones that allegedly infringed a so-called “standards-essential patent” owned by Google. Standards-essential patents protect innovations used in technologies that industries collectively agree to use, like Wi-Fi or 3G. A company that holds one of these patents stands to profit enormously, because its competitors have to pay it for licenses to use the technology.
But Judge Posner ruled that holders of such patents aren’t entitled to injunctions. Michael Carrier, a law professor at Rutgers University, Camden, said the opinion on standards-essential patents came amid a groundswell of opposition to injunctions for such patents and could put an end to the practice among U.S. federal judges.

For the full story, see:
JOE PALAZZOLO and ASHBY JONES. “Also on Trial: A Judge’s Worldview.” The Wall Street Journal (Tues., July 24, 2012): B1 & B5.
(Note: all ellipses were added except for the one internal to the quote from Judge Posner’s Atlantic blog posting.)
(Note: the online version of the article has the date July 23, 2012 and has the title “Apple and Samsung Patent Suit Puts Judge Posner’s Worldview on Trial.” The print version of the title could be interpreted as a sub-title of the main title to the accompanying adjacent article. The title of the main article was “Apple v. Samsung; In Silicon Valley, Patents Go on Trial.” The last two paragraphs above appear only in the online, but not in the print, version of the article.)

The Atlantic blog posting by Posner can be found at:
Posner, Richard A. “Why There Are Too Many Patents in America.” In The Atlantic blog, posted on July 12, 2012 at: http://www.theatlantic.com/business/archive/2012/07/why-there-are-too-many-patents-in-america/259725/.
(Note: the WSJ article above implies that the Posner essay was published in the print version of The Atlantic, but I can only find it in Posner’s blog on The Atlantic web site.)

Lucasfilm Will Build Somewhere “That Sees Us as a Creative Asset, Not as an Evil Empire”

“Lucas Valley in Marin County, Calif., where residents’ objections led George Lucas to abandon a bid to expand operations at a new site near Skywalker Ranch.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. A13) SAN RAFAEL, Calif. — In 1978, a year after “Star Wars” was released, George Lucas began building his movie production company far from Hollywood, in the quiet hills and valley of Marin County here just north of San Francisco. Starting with Skywalker Ranch, the various pieces of Lucasfilm came together over the decades behind the large trees on his 6,100-acre property, invisible from the single two-lane road that snakes through the area.

And even as his fame grew, Mr. Lucas earned his neighbors’ respect through his discretion. Marin, one of America’s richest counties, liked it that way.
But after spending years and millions of dollars, Mr. Lucas abruptly canceled plans recently for the third, and most likely last, major expansion, citing community opposition. An emotional statement posted online said Lucasfilm would build instead in a place “that sees us as a creative asset, not as an evil empire.”
If the announcement took Marin by surprise, it was nothing compared with what came next. Mr. Lucas said he would sell the land to a developer to bring “low income housing” here.
. . .
Whatever Mr. Lucas’s intentions, his announcement has unsettled a county whose famously liberal politics often sits uncomfortably with the issue of low-cost housing and where battles have been fought over such construction before. His proposal has pitted neighbor against neighbor, who, after failed peacemaking efforts over local artisanal cheese and wine, traded accusations in the local newspaper.
The staunchest opponents of Lucasfilm’s expansion are now being accused of driving away the filmmaker and opening the door to a low-income housing development. That has created an atmosphere that one opponent, who asked not to be identified, saying she feared for her safety, described as “sheer terror” and likened to “Syria.”
Carl Fricke, a board member of the Lucas Valley Estates Homeowners Association, which represents houses nearest to the Lucas property, said: “We got letters saying, ‘You guys are going to get what you deserve. You’re going to bring drug dealers, all this crime and lowlife in here.’ “

For the full story, see:
NORIMITSU ONISHI. “A Pyrrhic Victory for Foes of a New Lucasfilm Project; In Lieu of digital Studio, Plan for Low-Income Homes.” The New York Times (Tues., May 22, 2012): A13 & A19.
(Note: ellipsis added.)
(Note: the online version of the story is dated May 21, 2012 and has the title “Lucas and Rich Neighbors Agree to Disagree: Part II.”)

“Mr. Lucas said Marin needs affordable housing. A resident called his plan “class warfare.”” Source of caption and photo: online version of the NYT article quoted and cited above.