Posts Tagged ‘ patents

A Response To Senator Schumer

So this article by Cringely is a good read and finally prompted me to finish this article that I’ve been meaning to write after receiving a response from Senator Schumer about the PROTECT IP Act (more on this later).

A lot of people see and recognize the problem [of having no new frontier] but few have a solution. Personally, I think the US is partially fucked because the frontier that we could have gone into (or rather, should be currently exploring), the internet, has been blocked off by nonsense patent laws (why do you think this We The People petition is so popular – Direct Patent Office to Stop Issuing Software Patents), insane copyright/trademark issues, and overall government corruption that caters to lobbyists pushing for stronger “IP” laws in both the US and other countries. And no, that is not hyperbole. I really do mean the US government is corrupt in the sense that they cater to lobbyists. Of course people always suspected the power of lobbyists but it wasn’t until Wikileaks came about that these sources of corruption have become so public and have been revealed in a timely (meaning the issues are still relevant) manner.

Specifically for the topic at hand (IP laws), Wikileaks has shown that the US gov’t has strong armed some countries into implementing stronger DMCA laws and other IP related changes (e.g., Wikileaks Cables Show Massive U.S. Effort to Establish Canadian DMCA). Case in point: ACTA (signed by the US very recently) and PROTECT IP – both of which are horrible for entrepreneurs and small businesses. Hence why most promising startups are moving away from the US and the trend is happening faster than I predicted because of these idiotic laws/lawsuits. But do our representatives listen to us? Do they see the downward trend in the industry and realize why it is happening (the developers, myself being one, state it quite clearly)? I’d venture to say no because this is the scripted response I got from Senator Schumer when he replied to my email several months after Protect IP went to vote (sent in at the same time I wrote my article on PROTECT IP):

Dear —–:

Thank you for your contacting me in opposition to S.968, the PROTECT IP Act. Like you, I believe that consumers should have access to a vibrant and innovative online community to discuss their ideas and opinions. At the same time, we must not let the internet become a haven for intellectual property thieves.

The threat to intellectual property owners over the internet is clear. Every year, the US Chamber of Commerce estimates that copyright theft costs our nation about $58 billion in lost output, 373,375 in lost jobs, and $16 billion in lost employee earnings. These numbers present an unacceptable burden to US businesses. In addition, companies may be less likely to innovate because their products may be stolen by intellectual property pirates, creating a drag on the US economy.

The PROTECT IP Act addresses the problem of intellectual property theft online, but it also contains important due process protections to ensure that legal activity over the internet is not disrupted. As you may know, the PROTECT IP Act would allow the Department of Justice to file a claim against a website that 1) has no significant purpose other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or (2) is designed, operated, or marketed and used to engage in such activities. A judge would have to find that a website is intentionally violating intellectual property rights of an American entity before he could issue an order against that site. I believe PROTECT IP Act would provide law enforcement and intellectual property holders additional tools to protect American intellectual property from websites while still ensuring the constitutionally protected rights of free speech and due process. The PROTECT IP Act currently is awaiting action on the floor of the Senate, and I will continue to monitor this bill as it moves through the Senate.

Thank you for contacting me on this important issue. Please do not hesitate to contact me in the future if I can ever be of assistance to you on this, or any other matter.

Sincerely,

Charles E. Schumer
United States Senator

Please do not respond to this email. To send another message please visit my website at http://schumer.senate.gov/SchumerWebsite/contact/webform.cfm . Thank you.

Ouch! Talk about being paid off to spew shit that he doesn’t know anything about. The original mail I wrote to him was similar to my old post on PROTECT IP except without the profanity and stripped down to the most important factual points. His response doesn’t address a single argument I put forth and relies on “statistics” that were created by lobbyists strictly to push their own agenda. If you read the actual source of those numbers (here you go for your reading pleasure), you will see that they are based on very poor premises such as (and I’m only posting a few):

  • Some of their inane premises, specifically:

    1. Internal estimates of piracy losses compiled by each of the copyright industries.
    2. ConīŦdential estimates of piracy losses developed by others on behalf of individual copyright industries.

    4. Sales data by country and physical piracy rates for recorded music from the Recording Industry Association of America (RIAA) and the International Federation of the Phonographic Industry (IFPI).

    Seriously? Would you trust a study that uses non-biased data AND data whose methodology for being produced isn’t even revealed? It’s like writing your thesis without a bibliography and claiming yourself to be an unbiased expert in the field. Yeah, I think my professors would have flunked me if I tried pulling that on them.

  • Every download = 1 lost sale. Yeah… sure. You wish. There isn’t a single economist that believes that to be the case. There are so many reasons that this cannot be true, it’s mind boggling to see them use this assumption (e.g., some of these people don’t even have the disposable income, some wouldn’t even bother looking at media X because the cost is greater than their desire to check it out, etc.)
  • The double counting of losses using multipliers, taxes (counted in multiple ways), and the icing – employees’ lost earnings. Yeah right, like they would hire more people or give raises if piracy suddenly disappeared. Production of new works wouldn’t suddenly require more people nor would they suddenly start producing additional works – and this is giving the kind assumption that they produce things which they don’t because the RIAA, etc. are just representatives for production companies. The industries themselves, specifically the artists, see very little of the money that is collected. And that isn’t even accounting for how little money the RIAA, etc. seems to get.)

Being an optimist, I thought that my well thought out letter would have elicited a better response. It saddens me to see the direction my nation is going and worse yet, the time I take to read and understand these issues is probably 100 times more than the amount of time Senator Schumer puts into understanding these issues. This is disappointing on two levels:

  1. Senator Schumer is our representative and it is his duty to do what is best for America. I have yet to see a good argument as to how this would benefit anyone other than the richest people in the US.
  2. As someone who is fairly well read in this field (I’m primarily a web developer so this is a crucial part of my industry), I would assume Senator Schumer would need to put in a lot more effort to understand the nuances of these issues to fully comprehend the effects that will result from pushing for things like PROTECT IP.

I know our Representatives can’t possible dedicate time to all issues, but they shouldn’t allow themselves to be spoon fed complete bullshit from lobbyists. Our Representatives can always abstain from voting on an issue that they are not knowledgeable in. It would show better judgement (patience is a virtue after all, so take your time to do your due diligence), result in fewer knee jerk decisions, and perhaps (yes, remember I’m an optimist) allow for more sensible laws. So Senator Schumer, I put in my time, how about you put in some of yours?

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Signs of Bad Times for US Tech

2 1/2 years ago, I predicted that in 4-5 years (so 2013-2014) we’d begin to see a wave of companies and independent developers begin moving away from the US as a place of business because of software patents. Partly because the US has a severely fucked up patent system where glaringly obvious patents are granted (not to mention that the ineptitude of the patent office in anything remotely related to tech since they seem to ignore all prior art in the field). This ties into my theory that by 2015, the US would no longer be the leader in innovation in technology as our lead will be cut down by emerging countries such as China, India, and already strong countries in Europe such as Germany. Additionally, this loss will have the impact of dethroning the US as the leading economic power in the world. Of course, this wouldn’t happen if Obama decides to follow through on his campaign promises (anti-lobby stance and more transparency specifically as these are the main reasons the RIAA, MPAA, etc. are successfully pushing for idiotic things like 6-strikes law, stronger IP laws (PROTECT IP), and shooting down net neutrality), which, as we all know now, did not happen. So I guess I shouldn’t be surprised that my prediction is starting to come true 2 years early:

http://www.guardian.co.uk/technology/appsblog/2011/jul/15/app-developers-withdraw-us-patents

This is just the start so you can probably expect this sort of sentiment to pick up and gain momentum in the coming year unless someone in the government starts doing something to rectify the problem. I’ll take the pessimistic stance and say that the US government is too corrupt to take the necessary measures to stop this trend. Instead, they will apply a band-aid fix that will fall apart after half a year or so once the lawyers find loopholes around it. The estimate for the US downfall (2015) shouldn’t change much since everything else in my overly complicated theory (perhaps I’ll write this up if I ever want to spend a week on a single post) is progressing at the expected pace.

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