Or suppose that you take a
big gamble by investing your life savings, and the savings of thousands of
other investors, in order to develop and manufacture a valuable new product
which you believe will surely be sought after by millions of people all over
the world.
Let’s say that through
decades of hard work and many millions, perhaps even billions, of dollars your
company finally discovered a medicinal cure for every kind of cancer and you want
to bring your discovery to the market, recoup your huge investment in research
and development and then earn a well deserved profit to compensate for all your
risks and efforts.
It’s a no-brainer, right?
Few of us would go out on a
limb and take the necessary risks to write new books, invent new products, or
seek new medical cures if there were no legal means by which to exclusively own
and protect the value of our hard won intellectual accomplishments, at least upon
reasonable conditions and for a reasonable time.
Intellectual property is one
of the cornerstones of modern civilization.
But there are lots of people
amongst us, including a sizeable percentage of libertarians it seems, who
sincerely believe that once your valuable intellectual property – your product
or discovery -- is revealed to the public it becomes fair game for intellectual
trolls, none of whom contributed or risked anything whatsoever into the process
of creation and discovery of your works, to simply take it, copy it,
manufacture it, and market it entirely for themselves and for their own profits
without compensating you a nickel.
These “libertarians” argue
incredulously, on the pages of RRND no less, that intellectual property
protection is incompatible with liberty and freedom.
Why, they reason for
example, should an author have the right to prevent a troll from using his own
separate publishing resources, i.e., his own property, to print up and sell his
own copies of your book? The author (you) shouldn’t be allowed to interfere with
the troll’s private property, right? After all, it’s his printing press, his
paper, his ink, etc. The troll should be able to profit from your book and you
should be prevented from doing anything about it.
Why, they reason, should you,
an inventor, have the right to prevent a troll from using his own property to
produce and sell exact copies of your product? The inventor shouldn’t be
allowed to tell a troll that he can’t use his own property, his own factory,
his own supplies and materials any way he likes, right?
Why should the discoverer of
a cure, who spent perhaps $billions just to get it approved by the FDA, have
the legal right to prevent a troll from using his own resources to replicate and
sell it at a much cheaper price because he has no investment whatsoever in the
rigorous development and validation process of that cure?
Once such an idea, product
or cure is reveled and released into the public domain, it immediately belongs
to everyone, right? Anyone should be able to use your patented or copyrighted
ideas – your intellectual property -- in any way they please, right? In fact
there should be no such thing as patents or copyrights, right?
Wrong on all counts, I say.
Property includes
intellectual property and there should be a legal means for owners to protect and
exclusively profit from it upon reasonable conditions and for a reasonable
period of time.
Intellectual property trolls
who set about to profit unfairly from the patented or copyrighted property of
others are no better than common thieves. They are either communists or
socialists at heart which translates into thieves.
The originators of valuable
new ideas, products, cures and other intellectual property have no moral,
ethical, or legal obligation to simply turn their hard work and investments
over to the intellectually lazy trolls who can hugely profit from them without
taking any financial risks or making any original efforts.
But Rad Geek, one of several
purported “libertarians,” who authors Rad Geek People’s Daily, according to
several articles referenced in RRND, insists that Patents Kill.
“Intellectual property” restrictions
are government-granted monopolies, he writes, …“which have nothing,
actually, to do with property rights; … what they do is seize ordinary people’s
property and hold it hostage to the license-holders’ demands for ransom ... they
kill new products because they invade other people’s real property — meaning
pens, paper, scanners, computers, DVD players, and so on — in the attempt to
lock down ideas — which are, by nature, non-rivalrous (sic) resources;
this amounts to nothing less than a systematic and ruthless intellectual
enclosure movement against what is and ought to be the common property of all
humanity.
Mr. Geek sounds a lot like a
communist to me – not much at all like a
libertarian. This is the same kind of drivel we got from Mr. Marx and Mr. Lenin
about private property.
Does the libertarian
movement support a communist wing?
“Patents kill people,” Geek
continues, because: “the pharmaceutical cartel can call up the armed
bully-boys of almost every government in the world in order to enforce
artificially high prices for their top money-makers; and that means that State
violence is being used to prevent affordable, life-saving drugs from reaching
the desperately poor of the world.”
“[Patent holders] … have no
right to do that, and [they] sure don’t have the right to do it at the
expense of innocent people’s lives. A free society needs a free culture.
Patents kill and freedom save[s] people’s lives. This is as simple as it gets.”
“We
are talking about grave and gathering threats to people’s lives here; can we
get a little righteous indignation, please? Can we get a little principled
radicalism instead of oh-so-moderate calls for “balance”?”
“The
good news is that if you and a few million of your fellow citizens die in a
global bird flu pandemic, you can rest assured that you will have caused a ‘PR
disaster’ for the intellectual protectionists. They apparently aren’t going to
suffer any moral qualms if they consign millions, especially among the world’s
most vulnerable people, to their deaths in the pursuit of monopoly profits. But
it may be bad for their business image. I am sure this would comfort you; If
not for the fact that you were dead.”
“If
we really care about “saving the world’s children from preventable deaths” and ‘realizing
the promise of an AIDS-free generation,’ we must end this murderous collusion
between state and corporate power … We must smash the state and its deadly
contradictions,”
declares Mr. Geek.
Now,
this is certainly a novel argument to say the least, (except, of course to mind
of a communist).
The
holders of drug patents, claims Mr. Geek, are killing people because they are reluctant
to allow trolls to copy their formulas for free so they, the trolls, can sell
the cures at much cheaper prices and still make humongous profits for
themselves without having to invest a penny in any R&D or FDA validation
procedures.
If you don’t give me your
cure for free, or at a substantial financial loss to you, and I subsequently
die, then you are a murderer, claims Mr. Geek. Next, I suppose we’ll have Mr.
Geek calling drug manufacturers murders for not discovering cures in the first
place. Their failure to discover and distribute cures for free renders them
murderers.
By the same token, if you don’t
use up all your own financial resources to help feed all the starving urchins
in Africa, and some of them starve to death, well, then, you are a murderer,
according to Mr. Geek’s moral and ethical code.
Can intellectual property
rights be abused? Well, of course, I can think of some extreme examples, just
as I can about abuses of tangible property rights. An owner of all the fresh
water on a life boat adrift at sea with several other thirsty passengers aboard
comes to mind. But such examples are surely not indictments against the concept
of private property whether intellectual or otherwise.
Property includes
intellectual property.