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Steve Bosserman

The idea of intellectual property is nonsensical and pernicious - Samir Chopra | Aeon E... - 0 views

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intellectual property

shared by Steve Bosserman on 12 Nov 18 - No Cached
  • A general term is useful only if it subsumes related concepts in such a way that semantic value is added. If our comprehension is not increased by our chosen generalised term, then we shouldn’t use it. A common claim such as ‘they stole my intellectual property’ is singularly uninformative, since the general term ‘intellectual property’ obscures more than it illuminates. If copyright infringement is alleged, we try to identify the copyrightable concrete expression, the nature of the infringement and so on. If patent infringement is alleged, we check another set of conditions (does the ‘new’ invention replicate the design of the older one?), and so on for trademarks (does the offending symbol substantially and misleadingly resemble the protected trademark?) and trade secrets (did the enterprise attempt to keep supposedly protected information secret?) The use of the general term ‘intellectual property’ tells us precisely nothing.
  • Property is a legally constructed, historically contingent, social fact. It is founded on economic and social imperatives to distribute and manage material resources – and, thus, wealth and power. As the preface to a legal textbook puts it, legal systems of property ‘confer benefits and impose burdens’ on owners and nonowners respectively. Law defines property. It circumscribes the conditions under which legal subjects may acquire, and properly use and dispose of their property and that of others. It makes concrete the ‘natural right’ of holding property. Different sets of rules create systems with varying allocations of power for owners and others. Some grants of property rights lock in, preserve and reinforce existing relations of race, class or gender, stratifying society and creating new, entrenched, propertied classes. Law makes property part of our socially constructed reality, reconfigurable if social needs change.
  • ‘Property’ is a legal term with overwhelming emotive, expressive and rhetorical impact. It is regarded as the foundation of a culture and as the foundation of an economic system. It pervades our moral sense, our normative order. It has ideological weight and propaganda value. To use the term ‘intellectual property’ is to partake of property’s expressive impact in an economic and political order constructed by property’s legal rights. It is to suggest that if property is at play, then it can be stolen, and therefore must be protected with the same zeal that the homeowner guards her home against invaders and thieves.
  • ...2 more annotations...
  • What about the common objection that without ‘intellectual property’ the proverbial starving artist would be at the mercy of giant corporations, who have existing market share and first-mover advantage? It is important to disaggregate the necessity and desirability of the protections of the various legal regimes of copyright, patents, trademarks and trade secrets from that of the language of ‘intellectual property’. Current copyright, patent, trade-secret and trademark law do not need to be completely rejected. Their aims are rather more modest: the reconfiguration of legal rules and protections in an economy and culture in which the nature of creative goods and how they are made, used, shared, modified and distributed has changed. Such advocacy is not against, for instance, copyright protections. Indeed, in the domain of free and open-source software, it is copyright law – through the use of artfully configured software licences that do not restrain users in the way that traditional proprietary software licences do – that protects developers and users. And neither do copyright reformers argue that plagiarists be somehow rewarded; they do not advocate that anyone should be able to take a copyrighted work, put their name on it, and sell it.
  • This public domain is ours to draw upon for future use. The granting of temporary leases to various landlords to extract monopoly rent should be recognised for what it is: a limited privilege for our benefit. The use of ‘intellectual property’ is a rhetorical move by one partner in this conversation, the one owning the supposed ‘property right’. There is no need for us to play along, to confuse one kind of property with another or, for that matter, to even consider the latter kind of object any kind of property at all. Doing so will not dismantle the elaborate structures of rules we have built in order to incentivise artistic and scientific work. Rather, it will make it possible for that work to continue.
Bill Fulkerson

Why a 400-Year Program of Modernist Thinking is Exploding | naked capitalism - 0 views

www.nakedcapitalism.com/...ernist-thinking-exploding.html

capitalism power society

shared by Bill Fulkerson on 11 Mar 17 - No Cached
  • Bill Fulkerson on 11 Mar 17
     
    " Fearless commentary on finance, economics, politics and power Follow yvessmith on Twitter Feedburner RSS Feed RSS Feed for Comments Subscribe via Email SUBSCRIBE Recent Items Links 3/11/17 - 03/11/2017 - Yves Smith Deutsche Bank Tries to Stay Alive - 03/11/2017 - Yves Smith John Helmer: Australian Government Trips Up Ukrainian Court Claim of MH17 as Terrorism - 03/11/2017 - Yves Smith 2:00PM Water Cooler 3/10/2017 - 03/10/2017 - Lambert Strether Why a 400-Year Program of Modernist Thinking is Exploding - 03/10/2017 - Yves Smith Links 3/10/17 - 03/10/2017 - Yves Smith Why It Will Take a Lot More Than a Smartphone to Get the Sharing Economy Started - 03/10/2017 - Yves Smith CalPERS' General Counsel Railroads Board on Fiduciary Counsel Selection - 03/10/2017 - Yves Smith Another Somalian Famine - 03/10/2017 - Yves Smith Trade now with TradeStation - Highest rated for frequent traders Why a 400-Year Program of Modernist Thinking is Exploding Posted on March 10, 2017 by Yves Smith By Lynn Parramore, Senior Research Analyst at the Institute for New Economic Thinking. Originally published at the Institute for New Economic Thinking website Across the globe, a collective freak-out spanning the whole political system is picking up steam with every new "surprise" election, rush of tormented souls across borders, and tweet from the star of America's great unreality show, Donald Trump. But what exactly is the force that seems to be pushing us towards Armageddon? Is it capitalism gone wild? Globalization? Political corruption? Techno-nightmares? Rajani Kanth, a political economist, social thinker, and poet, goes beyond any of these explanations for the answer. In his view, what's throwing most of us off kilter - whether we think of ourselves as on the left or right, capitalist or socialist -was birthed 400 years ago during the period of the Enlightenment. It's a set of assumptions, a particular way of looking at the world that pushed out previous modes o
Steve Bosserman

Social Network Algorithms Are Distorting Reality By Boosting Conspiracy Theories | Co.E... - 0 views

www.fastcoexist.com/...y-boosting-conspiracy-theories

social_networking conspiracy_theories viral platforms

shared by Steve Bosserman on 13 May 16 - No Cached
  • Social platforms—in their effort to keep users continually engaged (and targeted with relevant ads)—are designed to surface what’s popular and trending, whether it’s true or not. Since nearly half of web-using adults now get their news from Facebook in any given week, what counts as "truth" on our social platforms matters. When nonsense stories gain traction, they’re extremely difficult to correct. And stories jump from platform to platform, reaching new audiences and "going viral" in ways and at speeds that were previously impossible.
Bill Fulkerson

The Federal Job Guarantee Is Not Just "Better" Than a Universal Basic Income. It's the ... - 0 views

www.nakedcapitalism.com/...sal-basic-income-sinister.html

ubi

shared by Bill Fulkerson on 28 Apr 18 - No Cached
  • UBI adds money to the economy without increasing production or output. This is how you cause inflation: The creation of money without consideration of the real resources available to you.
  • FJG adds money to the economy by increasing productivity and output. This is how you avoid, or greatly reduce the severity of, inflation. It forces private industry and the military to up their game, in order to be competitive with the FJG: better than bare-minimum living wage, benefits, and working conditions.
  • If the FJG creates “busywork” pointless jobs, it is not a problem of the FJG itself, but rather a reflection of poor implementation of the FJG at the local level. There are basically an infinite number of genuinely useful things to be done at the local level, throughout the country.
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  • The fear of automation is nonsense. We should embrace automation. Robots can cook our cheeseburgers, wash our cars, and accept and dispense cash better and faster than humans. But robots cannot take care of our children or seniors, they cannot entertain us, create works of art, write our books, or be our primary care physicians or psychologists. Leave the more physically taxing and repetitive drudgery work to the robots. Leave the infinite number of more satisfying and productive jobs for us humans.
Bill Fulkerson

A Nonsensical Jumble of Misused Words Requires Discussion | RealClearMarkets - 0 views

www.realclearmarkets.com/...equires_discussion_652824.html

markets

shared by Bill Fulkerson on 15 Dec 20 - No Cached
  • Bill Fulkerson on 15 Dec 20
     
    In the few studies and examinations which exist, in using Treasury securities it's been figured these collateral re-pledging and rehypothecation chains average multiples of six to eight; meaning, that a single UST security might be reused for book and customer business six to eight times. Between 85% and 90% of all Treasuries taken on dealer books are re-used in some fashion. No wonder these banks might become skittish, and why Treasury (and similar collateral) prices remain the way they are. The value in UST's isn't as an investment; it's the liquidity premium demanded by a fragile global monetary system. These are balance sheet tools whose worth is derived from what central bankers and bank regulators (same thing) are in no rush to comprehend.
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