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Against Monopoly

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IP and Protectionism

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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IIPA thinks open source equals piracy

The International Intellectual Property Alliance, the copyright lobby group that includes the MPAA and RIAA among others, is petitioning the US Trade Representative to put Indonesia, Brazil and India on the "301 Special" list. This list defines the countries that are havens for piracy and that should be subject to retaliation for failing to defend copyrights.

The reason they should be put on the list? Their governments encourage (but do not mandate) their administrations to use open source software. Obviously, this reduces the revenue of cost software vendors and publishers, but it is a real stretch to call this piracy. The governments are simply making business decisions, weighing costs and benefits. And given the quality of open source software and operating systems, that decision is rather easy.

Instead of finding new definition for piracy, the IIPA should make sure its members are offering good products at competitive prices, the basic requirement for a firm to survive in a free market. Or is the IIPA also against capitalism?

Hat tip: TechnoLlama via The Guardian.

Save the Whales!

Save the whales and solve all other social ills...

Intel v. AMD: More patent and antitrust waste

Intel Will Pay $1.25 Billion to Settle Disputes With Rival reports: "Ending the computer industry's most bitter legal war, the chip maker Intel agreed on Thursday to pay a rival, Advanced Micro Devices, $1.25 billion to settle antitrust and patent disputes."

$1.25 billion in wealth transferred, and untold hundreds of millions spent on litigation, patent acquisition, losses due to strategic adjustments in response to antitrust and patent law ... Yet another example of how the central state's artificial legislative patent and antitrust schemes do nothing but destroy and waste wealth. Well, not only that--they also enrich certain classes who parasitically benefit from the system, e.g. patent lawyers, litigators, and large companies.

(See also my post Nokia's infringement suit against Apple illustrates need to scrap US patent system.)

Nokia v. Apple and Patent Protectionism

See Nokia: Apple iPhone Violates Our Patents: A few choice excerpts:
In a statement, "Nokia said Apple has refused to pay for use of intellectual property developed by Nokia that lets handsets connect to third-generation, or 3G, wireless networks, as well as to wireless local area networks. "Apple is attempting to get a free ride on the back of Nokia's innovation," Ilkka Rahnasto, Nokia vice-president for legal and intellectual property, said in the statement.
This implies apple copied their patented inventions. but copying need not be shown for infringement, and you can bet they will not rely on this in pressing their case. They are trying to have it both ways: to darkly hint Apple copied them, while being happy to persecute Apple for non-copying acts that still infringe their patents.
The Finnish handset giant said Oct. 22 it has filed suit against Apple ... in U.S. District Court in Delaware, accusing its California-based rival of infringing patents for core technology that allows the iPhone to make calls and connect to the mobile Internet. Although Nokia ... has sued rivals such as Qualcomm ... over patents in the past, the latest lawsuit came as a surprise and represents an escalation of increasingly contentious competition with Apple.
So ... the filing of the lawsuit is how they are engaging in "increasingly contentious competition." How much more clear could it be that these patents are nothing but anti-competitive devices used for protectionism?! It's obvious to everyone.
The loss of smartphone share is doubly frustrating to Nokia because it sold phones with computer-like features years before Apple. During the last two years Nokia has launched a series of handsets with iPhone-like touchscreen interfaces, but none has generated quite the same buzz as Apple's devices....
So they are losing out in competition, so using legal weapons instead.
Apple, like all mobile-phone makers, relies on such standards to make its devices compatible with carrier networks. Nokia says it has contributed its intellectual property to global standards bodies, but demands to be compensated for the use of its patents in commercial products. "Apple is expected to follow this principle," Nokia's Rahnasto said in the company's statement.
So, Nokia contributed to a standard with the very goal of making a standard that everyone would start using. Apple starts using it--bam, they sue them. Nokia is leveraging the monopoly the state granted them. Horrible.

[Mises blog cross-post; StephanKinsella.com cross-post]


   

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