Constraints on the FLOW of Ideas

Learning Outcomes: Participants will gain greater precision in their knowledge about government-granted authority to persons ( corporations or individuals) to levy private taxes, by declaring artificial monopolies over ideas. Such declarations are commonly referred to as "patents". Participants will develop a basis for making their own assessments about the appropriate versus inappropriate creation of idea taxation powers. Participants will also learn how many developers and organizations are currently attempting to protect themselves, their communities, and their Free/Libre/Open Works from a global proliferation of idea taxes that is stifling competition, innovation and productivity.

Concepts, definitions, boundary of application

Plutarch (c. 46 – 120 AD), on Archimedes and the special character of subject-matter that would not have been obvious: "Some attribute this success to his natural endowments; others think it due to excessive labour that everything he did seemed to have been performed without labour and with ease. For no one could by his own efforts discover the proof, and yet as soon as he learns it from him, he thinks he might have discovered it himself; so smooth and rapid is the path by which he leads one to the desired conclusion."   

Plutarch, "Parallel Lives of Greeks and Romans"*.html (pg 481 in the 1917 Loeb Classical Library Edition, from the original book dated approximately 100 AD)

The Inappropriate Delegation of Authority to Levy Taxes on Ideas

Current Developments and Trends (non-aggression pacts, defensive patents; defensive publication; license clauses)

Real World Patent Court Cases

Audio File (pending): Listen to a Discussion with  an Invited Authority on 20-Year Artificial Monopolization of Computational Ideas ("Software Patents"): What do we learn from the CLS Bank v. Alice Corporation case?

  • Dan Ravicher is Executive Director of the Public Patent Foundation and a Lecturer in Law at Benjamin N. Cardozo School of Law. He received his law degree from the University of Virginia School of Law, and is admitted to the United States Supreme Court, the Courts of Appeals for the Federal, 2nd and 11th Circuits, the District Courts for the Southern and Eastern Districts of New York, the State of New York, and the United States Patent and Trademark Office. He is also a registered patent attorney. He writes and speaks frequently on patent law and policy, including twice testifying as an invited witness before Congress on the topic of patent reform, and he was named to both Managing Intellectual Property magazine's '50 Most Influential People in IP' list and IP Law & Business magazine's 'Top 50 Under 45' list.

Audio File (pending): Listen to a Discussion with  an Invited Authority on 20-Year Artificial Monopolization of Computational Ideas  ("Software Patents"): The Open Invention Network (OIN) and The Future of Patent Non-Aggression Pacts

  • Keith Bergelt is the chief executive officer of Open Invention Network (OIN), a company that acquires patents and licenses them royalty free to entities which, in turn, agree not to assert their own patents against Linux and Linux-related systems and applications. Mr. Bergelt holds an Artium Baccalaureus degree from Duke University, a Jurist Doctorate degree from Southern Methodist University School of Law and a Masters of Business Administration degree from Theseus Institute in France. He has previously served as president and CEO of two Hedge Funds focused on the asset value of patents, trademarks and copyrights. And earlier in his career he established and served as General Manager of the Strategic Intellectual Asset Management business unit at Motorola Corporation and served as Motorola's director of Technology Strategy. Mr. Bergelt was a co-founder of the Intellectual Property Advisory Practice within the Electronics and Telecommunications Industry group at SRI Consulting in Menlo Park, California.
Created by Joseph Potvin on 2014.02.15 at 06:06:45 PST

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