Comments on: A Few Closing Thoughts Blog, news, books Thu, 12 Oct 2017 08:56:00 +0000 hourly 1 By: Gregor Wolbring Fri, 03 Sep 2004 02:03:42 +0000 Thought I throw out a new initiative in regards to IP
BIOS – Biological Innovation for Open Society
an Open Source inspired Open Access regime for biological enabling technologies

By: Anonymous Fri, 03 Sep 2004 00:23:23 +0000 google “intellectual property” and you get 3,170,000 results but try poor “universal knowledge” and you get 18,400 results! Who are we kidding? How is copyright or patent putting the genie, digital or analog, back into the bottle? I forgot the key sequence for reality check.
(posted by an open source advocate) Michael Oster

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By: raoul Tue, 31 Aug 2004 17:35:40 +0000 “The great 20th century American experiment with increased IP protection led to tremendously increased IP production”

Hmmmmm? Britney Spears vs Mozart or maybe Shakespeare vs. Joe Eszterhas. While there is little doubt that IP laws have generated wealth (so did chattel slavery), there is little credible argument to suggest that the there has been a corresponding increase in quality.

By: Christopher Chopin Tue, 31 Aug 2004 10:56:11 +0000 I agree…the uncertainty, to me, means that every opinion is at least worth a place in the discussion, or the discussion stagnates around those principles held to be immutable by “intelligence experts” but utterly questionable by everyone else…how does argument work when some ideas are unchallenged?

All this makes me further agree…a separate Posner Blog is a great way to add another perspective to the dialectic…

By: Mojo Tue, 31 Aug 2004 06:52:25 +0000 Do we really want to turn over the design of our system of intelligence gathering and analysis to intelligence experts? And who are they, precisely, and do they agree with each other and if not what do we do?
I’m an intelligence expert and you should turn design of the new intel community over to me. Other “experts” don’t agree with me but they’re all wrong so just trust me.
Seriously, this is one of the areas where “civilian” control is most important and a significant part of that control is managing the structure. Also, as you can see from testimony at the many ongoing congressional hearings on the NID proposal, the experts often don’t agree. It is important to take their recommendations into consideration, and even more important to understand the reasons behind their recommendations, but the decision must be made by the elected officials we’ll be depending on to oversee and control this thing once it’s remodeled.

Disclaimer: I don’t happen to think the structure of the intel community was a significant factor in the intel failures pre-9/11 and pre-Iraq. There were effective methods for sharing data but in many cases it wasn’t shared anyway or, when shared, wasn’t used. There were independent channels to get dissenting analysis to decision makers, but senior leaders failed to do their jobs. (e.g. DoS analysts had perfect “Niger yellowcake” analysis but Powell failed to counter the flawed “community” version. DoE analysts had the “uranium tube” analysis right with incontrovertable evidence but Secretary Abraham let the criminally insane CIA version go uncontested.) There were existing procedures to do every single thing that the 9/11 Commission felt should have been done. The root problem was a climate where reports that supported the views of leadership were rewarded, regardless of the quality of the analysis. This isn’t a case of the President telling them what to say. It’s a case of analysts knowing that, if their analysis supports leadership positions, they’ll be promoted and if they don’t, there careers will stagnate or end. “Possible Biological Weapon Program Identified in Al Iyaleinkumfree” is included in high profile briefings, gets you noticed, and garners awards and glowing performance reviews. “No Evidence of Chemical Weapons in Al Iyoop” is just another piece of paper. It’s been going on pretty much continuously since the Reagan years and has become much worse over the last decade or so.

By: Mike Huben Mon, 30 Aug 2004 23:33:38 +0000 It’s good to know, Hal, that nothing has changed but those IP regimes in two centuries. Otherwise wiseasses might ask embarassing questions involving the words corellation and cause.

By: Hal Mon, 30 Aug 2004 21:16:45 +0000 I don’t see why we have so much uncertainty about IP. We’ve had almost 200 years of experience in this country alone under different IP regimes. In the 19th century IP enforcement was relatively lax, while in the 20th we saw greatly increased enforcement. What was the result? American IP production vastly outstripped the rest of the world. Our movies, music and other information goods are valued all over the world, making American culture more influential than any in history. The great 20th century American experiment with increased IP protection led to tremendously increased IP production, exactly as economic theory would predict. There is no real mystery here, only obfuscation by those who would deny the evidence of history.

By: Mike Huben Mon, 30 Aug 2004 14:16:20 +0000 I don’t understand why copyrights should have ridiculously long periods. Discount rates over those periods imply that there is no significant incentive to produce anything new from IP rights extended beyond roughly 20 years. Patents make more sense that way.

By: raoul Mon, 30 Aug 2004 12:22:21 +0000 �To abolish them (IP rights) altogether would almost certainly be inefficient.�

10,000 years of human history without IP compared to a few hundred with. Why do people just believe this without question?

�I am distrustful of people who think they have confident answers to such questions.�

I have one: Copyright term = 5 years; no statutory damages; and no anti-circumvention clause. Bam . . . problem solved.