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The Christian Science Monitor The war over patents on the Web: Who owns an idea?
"You won't find them in sleek trench coats, toting sensitive government files in chrome briefcases. Nor do they troll the Beltway in white SUVs with tinted windows. But the traditionally low-profile examiners at the US Patent & Trademark Office are suddenly playing a highly visible role as agents of the information superhighway.

Yet the limelight has not been kind to this under-funded, short-staffed group in Arlington, Va. Director Q. Todd Dickinson and his team of examiners have been accused of handing out patents on software technology like they were housewarming gifts: "Welcome to the Internet - here's your patent.""
redux [02.28.00]
The Industry Standard Amazon.com Patents Enemy-Making Process
"Question: When did the media stop seeing Amazon.com (AMZN) as an e-commerce hero and start seeing it as a corporate bully for which, in the words of San Jose Mercury columnist Dan Gillmor, "arrogance and greed seem limitless"?

Answer: When it started collecting patents on business and Web practices that people had thought were fair game."

redux [03.11.00]
The New York Times Magazine Patently Absurd
[requires 'free' n.y.t. registration]
"When 21st-century historians look back at the breakdown of the United States patent system, they will see a turning point in the case of Jeff Bezos and Amazon.com and their special invention: "The patented One ClickŪ feature," Bezos calls it."

"In ways that could not have been predicted even a few years ago, the patent system is in crisis. A series of unplanned mutations have transformed patents into a positive threat to the digital economy. The patent office has grown entangled in philosophical confusion of its own making; it has become a ferocious generator of litigation; and many technologists believe that it has begun to choke the very innovation it nourish."

The New York Times Amazon.com Falls After Downgrades
[requires 'free' registration]
"Disenchanted with Amazon.com's sales growth in the latest quarter, six more analysts lowered their ratings on the Internet retailer's stock on Thursday, driving its shares down 15 percent in afternoon trading."

"Just about the only thing keeping our bullish hope afloat over the last few quarters as the stock has been beaten down by the bears and a more exacting stock market has been the very real likelihood that revenue could always outperform and make profitability even closer to reality," Reamer wrote in a research report. "Today that feels like less of a probability.""

Free Software Advocacy Against intellectual property
"The original rationale for copyrights and patents was to foster artistic and practical creative work by giving a short-term monopoly over certain uses of the work. This monopoly was granted to an individual or corporation by government. The government's power to grant a monopoly is corrupting. The biggest owners of intellectual property have sought to expand it well beyond any sensible rationale."

"This chapter outlines the case against intellectual property. I begin by mentioning some of the problems arising from ownership of information. Then I turn to weaknesses in its standard justifications. Next is an overview of problems with the so-called "marketplace of ideas," which has important links with intellectual property. Finally, I outline some alternatives to intellectual property and some possible strategies for moving towards them. "

"Intellectual property is supported by many powerful groups: the most powerful governments and the largest corporations. The mass media seem fully behind intellectual property, partly because media monopolies would be undercut if information were more freely copied and partly because the most influential journalists depend on syndication rights for their stories."

"Another problem in developing strategies is that it makes little sense to challenge intellectual property in isolation. If we simply imagine intellectual property being abolished but the rest of the economic system unchanged, then many objections can be made. Challenging intellectual property must involve the development of methods to support creative individuals."

Slashdot Napster Shut Down Until Trial
"Everybody goes on about the poor music listeners, but what about me? Let me go over this so we're all on the same page, OK? Let's look at what's _really_ happening.
-I am a musician (see URL link above- please visit it if you haven't already?). A NON-RIAA musician. The RIAA labels are my competition, and crushing, stifling competition they are too, and I have to work really hard to get production values comparable to the majors (or better).
- I had songs on Napster BY REQUEST. I publically asked people to put my songs off mp3.com in their Napster directories, if they could, if they didn't mind taking the trouble to do so. I own my songs AND the mechanical recordings of 'em and I have an absolute right to permit such distribution. It's _my_ say-so, not the RIAAs, not mp3.com's.
- Napster is being shut down anyhow- the RIAA lawyers successfully convinced the judge that _I_ don't exist, just like the RIAA continually tries to convince the listening public that I don't exist, that nobody like me exists.
- So- the judge is taking away a _major_ distribution channel from me, at the request of... my competition.
Who thought _this_ one up? Wait, don't tell me, it might just possibly be the the same trade organisation that taxes the blank tapes I record MY MUSIC on, said taxes again going to my competition. Yes, the same people who arranged that I have to pay money to help the Backstreet Boys out-PR me have now arranged to sabotage a _key_ internet distribution mechanism that could work in my favor- and of course are also suing the 'label' (mp3.com) that I signed with (ever hear Roger McGuinn's take on the mp3.com contract? This is the leader of The Byrds. He loves the mp3.com contract- it's actually _fair_. Quick, kill it before more people realise how brutal standard major label contracts are! Competition must die!)

I don't remember agreeing to steadily pay off my biggest, most implacable competition to bury me. Please, Judge Ma'am, stop the music industry, I'd like to get off? Seems that owning my own music, owning my own equipment, recording only my own songs, attempting no samples and expecting no industry PR is not enough for me to be allowed things like non-RIAA distribution channels and the ability to buy tapes at the store to put MY MUSIC on and not pay taxes to my biggest competitors. So please, Judge Ma'am, if you hear of a free market out there somewhere won't you let me know? Apparently me buying all my own gear and recording all my own stuff and trying to put it out there through services like Napster is not permissible. Tell me, is this for my own good? Should I learn to behave?"
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