First, Americans don't get the antipathy to some of our patent policies. Especially with regard to drug and software patents.
Secondly, they underestimate the determination of those in other countries to change these rules.
Most Europeans who have an opinion on this issue believe that the present patent regime is harmful both to software and to pharmaceuticals.
And they are right on both counts.
The case against the present patent system and existing economic incentives is more difficult and complex to make than the many well-reasoned pieces that Tim Lee has written here on software patents.
Michael Perelman's excellent book Steal this Idea makes an exhaustive study of the unforeseen consequences of the existing patent and incentive system in the case of pharmacueticals, so those who care about this issue can simply read that book.
I would note, though, that there is a big difference between what is good for the pharmaceutical companies and what constitutes good pharmacuetical drug development, meeting the health needs of the general population. We have plenty of blockbuster drugs meeting the needs of wealthy males, e.g., Viagra, but a dearth of antibiotics and vaccines that are sorely needed now to prevent public health catastrophes, such as the ongoing MDR TB epidemic, resurgant staph infections, etc. http://enigmafoundry.wordpress.com/2007/04/27/b...
al
· 2 years ago
This disturbing clip on YouTube suggests that Pirate Bay also has links with the Far Right as well as the Pirate Party. http://youtube.com/watch?v=Eg1S9n81ras
Mark Blafkin
· 2 years ago
Interesting article, Tim. I wasn't aware of the way the MPAA was just summarizing the study... good to know.
However, your reasoning on the political fallout I think is a bit off. The US would have many avenues of recourse if Sweden really went to the Pirates. In fact the European Union would likely have to take action against Sweden themselves, as I believe the kind of policy you are implying would go against aspects of the TRIPS agreement.
Rick Falkvinge (pp)
· 2 years ago
Mark: You underestimate the Pirate Party if you don't think we have read and studied every aspect of international agreements like TRIPS, WCT, Berne, etc., as well as how other countries have implemented or not implemented it.
We're also honored to be specially mentioned as a problem child by IIPA's "special 301" draft report, which should be published any day now. We intend to continue to be a problem for lawbuying monopolists.
Sadly, few people understand the medicine-to-the-third-world aspect of patents. Surprisingly, it's the hardest sell.
Al: The rumor that right-wing people are financing the Pirate Party is being propagated by a former record executive, Bert Karlsson. The fact that far-right-wing are always surveillance populists, opposed to us who are fanatically pro-privacy, should be enough to dispel that notion.
It's worth noting that we were in a head-to-head race with the Greens over membership, and were ahead between January 1 and April 15. However, member count isn't vote count, but we still made it into the top ten in the election results (out of some 45 registered and several hundred others), causing many election analysts to choke on their morning coffee. (We got about ten times what had been expected, and established ourselves as a contender party.)
Hmm. When I previewed this, it came out without paragraph breaks. I really hope it's not gonna look like that - a terrible unreadable mass of text - once posted.
Mark Blafkin
· 2 years ago
Rick, your comment came out just fine. In easily readable formatted bits of text.
I do not underestimate you or your party. Knowing a little about the relevant laws, conventions, and treaties, I was just correcting Tim's analysis of how the dispute might go down. The US would not be the only party agrieved and as a member of the European Union, Sweden has certain responibilties in the world of IP and trade that would also be a challenge.
To be honest, I would be fascinated to hear how you plan to make it work legally. If you are able to share your thoughts on the matter I would love to hear them.
All Comments
Secondly, they underestimate the determination of those in other countries to change these rules.
Most Europeans who have an opinion on this issue believe that the present patent regime is harmful both to software and to pharmaceuticals.
And they are right on both counts.
The case against the present patent system and existing economic incentives is more difficult and complex to make than the many well-reasoned pieces that Tim Lee has written here on software patents.
Michael Perelman's excellent book Steal this Idea makes an exhaustive study of the unforeseen consequences of the existing patent and incentive system in the case of pharmacueticals, so those who care about this issue can simply read that book.
I would note, though, that there is a big difference between what is good for the pharmaceutical companies and what constitutes good pharmacuetical drug development, meeting the health needs of the general population. We have plenty of blockbuster drugs meeting the needs of wealthy males, e.g., Viagra, but a dearth of antibiotics and vaccines that are sorely needed now to prevent public health catastrophes, such as the ongoing MDR TB epidemic, resurgant staph infections, etc.
http://enigmafoundry.wordpress.com/2007/04/27/b...
http://youtube.com/watch?v=Eg1S9n81ras
However, your reasoning on the political fallout I think is a bit off. The US would have many avenues of recourse if Sweden really went to the Pirates. In fact the European Union would likely have to take action against Sweden themselves, as I believe the kind of policy you are implying would go against aspects of the TRIPS agreement.
We're also honored to be specially mentioned as a problem child by IIPA's "special 301" draft report, which should be published any day now. We intend to continue to be a problem for lawbuying monopolists.
Sadly, few people understand the medicine-to-the-third-world aspect of patents. Surprisingly, it's the hardest sell.
Al: The rumor that right-wing people are financing the Pirate Party is being propagated by a former record executive, Bert Karlsson. The fact that far-right-wing are always surveillance populists, opposed to us who are fanatically pro-privacy, should be enough to dispel that notion.
It's worth noting that we were in a head-to-head race with the Greens over membership, and were ahead between January 1 and April 15. However, member count isn't vote count, but we still made it into the top ten in the election results (out of some 45 registered and several hundred others), causing many election analysts to choke on their morning coffee. (We got about ten times what had been expected, and established ourselves as a contender party.)
Hmm. When I previewed this, it came out without paragraph breaks. I really hope it's not gonna look like that - a terrible unreadable mass of text - once posted.
I do not underestimate you or your party. Knowing a little about the relevant laws, conventions, and treaties, I was just correcting Tim's analysis of how the dispute might go down. The US would not be the only party agrieved and as a member of the European Union, Sweden has certain responibilties in the world of IP and trade that would also be a challenge.
To be honest, I would be fascinated to hear how you plan to make it work legally. If you are able to share your thoughts on the matter I would love to hear them.