Jack Dorsey, co-founder of Twitter (now X) and Square (now Block), sparked a weekend’s worth of debate around intellectual property, patents, and copyright, with a characteristically terse post declaring, “delete all IP law.”
X’s current owner Elon Musk quickly replied, “I agree.”
Do it., but also ensure that all work enters the public domain and is free for anyone to use, modify, commercialize, or basically whatever the GPL says.
“I don’t think so. Whatever is yours is ours, whatever is ours stays ours. Thank you for understanding.”
—Microsoft et al.
Nonono, see, they will have punitive contracts with employees that will nail them to the wall if they leak source code.
They like rules as long as they’re the one writing them.
That’s what would happen if copyright doesn’t exist. If a company releases something, it’s immediately public domain, because no law protects it.
GPL
The GPL is very much not the public domain.
It’s an interesting point that without any IP law, GPL would be invalid and corporations could use and modify things like Lemmy without complying with the license.
Exactly. They wouldn’t be obligated to contribute back at all, so someone like Meta could just rebrand Lemmy into something else and throw ads everywhere.
They already could. Lemmy’s users are not the ones who run the software. It’s like Google’s usage of Linux. They can keep their changes to themselves.
They can only keep them to themselves if they don’t distribute the changes. Since Google distributes Android, they need to release their changes to Linux on Android under the GPL. Since they don’t distribute their server code, they don’t need to share their changes.
But then corporations could not stop anyone from modifying their modifications to things like Lemmy.
Well, they wouldn’t need to release those changes publicly.
But then anyone could take them anyway.
The GPL is basically trying to make a world without copyright. The GPL basically only has teeth in a world where copyright exists. If copyright didn’t exist then everything would be in the public domain and the GPL would be toothless, but that’s fine because it would no longer be unnecessary.
No, the GPL very much requires copyright to work. The whole point is copyleft, which obligates changes to the code remain under the same license and be available to everyone.
Without copyright, companies just wouldn’t share their changes at all. The whole TIVO-ization clause in the GPL v3 would be irrelevant since TIVO can very much take without giving back. Copyright is very much essential to the whole concept of the GPL working.
Just think, why would anyone want to use Linux if Microsoft or Apple could just bake Linux into their offering?
No, the GPL very much requires copyright to work
That’s what I said.
If copyright didn’t exist then everything would be in the public domain and the GPL would be toothless, but that’s fine because it would no longer be unnecessary.
I’m saying it is necessary to achieve the aims of the GPL.
If it was just about ensuring the source is free, the MIT license would be sufficient. The GPL goes further and forces modifications to also be free, which relies on copyright.
I’m saying it is necessary to achieve the aims of the GPL.
Which would make GPL toothless, but that’s fine because it would no longer be necessary.
I’m saying it is necessary to achieve the aims of the GPL.
Until copyright no longer exists and everything is in the public domain, as I said.
How are you going to enforce the GPL in a world where copyright doesn’t exist?
How are you going to enforce the GPL in a world where copyright doesn’t exist?
And that’s what I’m saying, you can’t, therefore the aims of the GPL cannot be achieved. The GPL was created specifically to force modifications to be shared. The MIT license was created to be as close to public domain as possible, but within a copyright context (the only obligation is to retain the license text on source distributions).
If everything is public domain, then there would be no functional changes to MIT-licensed code, whereas GPL-licensed code would become a free-for-all with companies no longer being obligated to share their changes.
So basically the bluesky source code is now public domain?
So delete all pharmaceutical IP to make drugs accessible to everyone and save taxpayers trillions?
“Noooo, not like that!”
Lol we all know trump would put pharmaceuticals on the exemption list.
This is why it’s a mixed bag for me. IP law is kinda important in a capitalist system, which, for better or worse, that’s what we have. If someone comes up with a wonder drug that outright cures addiction or something, you’d want that person to be able to recoup their costs before a bigger organization with more capital swoops in and undercuts them on production costs until they’re the sole supplier of the drug. The hepatitis C cure drug selling for $70,000 is a great example of this quandary; there’s millions of dollars worth of research and clinical trials that went into developing the drug, you’d want the company to be able to recuperate the costs of developing it or else there’s less incentive to do something similar for other diseases down the line. Also, though, $70,000 or go fucking die is an outrageous statement.
Of course, what we have for IP law in practice is a bastardized monster, where corporations exploit the fuck out of it to have monopoly control over important products like insulins and life-saving medications that cost cents to produce and allow them to sell for hundreds a dose. That’s not the intent of IP law, IMO, and that doesn’t really serve anyone.
idk i think our incentive should be to cure diseases with public funding and make people healthy instead of for profit but what do i know
I agree, though I will note that I have often found that there is a non-trivial gap between what is and what ought to be.
Companies will not — ever — dump hundreds of millions/billions into developing a drug only to have it be sold at cost or even worse, completely losing out on it when a competitor sells a copy of it at a price you can’t match.
And even if they did suddenly turn to altruism like that, they’d very quickly go bankrupt.
Why would anybody spend billions making new drugs if they knew with 100% certainty that they’d never make the money back?
We may not like it, but that’s the system that we have. Some form of IP law should exist to encourage these companies to continue putting out medicines that better our lives, it’s just that our current ones go way too far.
We already fund the research of new drugs almost entirely through publicly funded projects which then HAND OVER the patent rights to whichever company has the most former board members in the executive branch at the time.
I watched it happen in real time during covid while working for the DPH. Those companies produce NOTHING. They are the literal obstacle to creating new medicines and making them widely available.
I’m against the context of the main post but putting on a cape for medical patents is wild. The entirety of healthcare in america is inexcusable. Let’s stay focused on the AI tech oligarchs robbing us of our futures and attempting to frame it as a concern with intellectual property.
If you only funded drugs through public funding, that means the government has a say in what drugs get funded and which don’t, meaning any and all drugs that don’t affect the broadest number of people simply won’t get funded.
Drugs will no longer be for all people, it’ll be strictly the people that vote for the government in charge. So… No hormone treatments, no birth control, no vaccines, no aids research, nothing that doesn’t explicitly align with the government.
First of all, governments already do fund all the research.
Even in your hypothetical, thats just one government. It doesn’t stop medical advancement entirely just because one dictatorship stops funding research. It moves elsewhere. When nazi germany declared that nobody would receive funding for anything outside of Aryan research ^tm the scientists just left to a country that wasn’t barbarically stupid.
Also, everything in your final paragraph is stuff that is happening now, in america, under the capitalist organization of the economy which gives all the rights to a private company after publicly funding the research and development of their drugs. It makes no difference, save the fact that now the authoritarian government in power has consolidated billions of dollars for rich capitalists who will gladly accept the orders to no longer produce those medicines while remaining disgustingly wealthy.
Even if you believe in the delusional idea that private companies are funding the development of novel treatments entirely on their own the fact remains that drugs are currently, as we speak, not for all people. I am pointing out the solution to that problem, and the response was to point out how, if we did what I said, then what’s already happening now would be the consequence.
Except no, they don’t.
If it’s state funded then that’s obviously a different matter.
But usually it’s a company making drugs, and they’d go bust if they spent billions developing a drug and got zero money back. Then there would be far fewer drugs made.
Be practical. Letting people die for ideological reasons is not a good thing.
How, when more companies would be able to develop the same drug? And they don’t develop drugs, they develop ways to extend their patents.
More companies will develop that drug.
But think of it this way. You’re the CEO of a pharmaceutical company that makes drugs, vaccines, etc that saves lives. You do this for a profit.
You’re presented with a plan to make a drug that, idk, lessens the symptoms of Crohn’s Disease. It’ll cost $2 billion to create and bring to market.
After it’s done being created, and the drug spends 10+ years in clinical testing, it’s on shelves. You have to price each box at $10 in order to break even after 5 years, so you do so.
But the law has changed, now anybody can manufacture the drug. A competitor who didn’t foot any of the development costs or do any of the hard work is selling each box at $0.80. you can’t compete with that, you make an enormous loss and your company edges closer to bankruptcy.
One of your workers comes to you with plans for a $2bn project that will hopefully reduce migraines. Given lessons learned from the previous example, do you go ahead with the plan? Will the board even let you?
I agree that IP laws in the sector need to be pared down, but scrapping them entirely would prevent any company from creating new drugs, as they’d be absolutely certain they wouldn’t be able to recoup development and regulatory hurdle costs.
In an ideal world, all drugs would be made by governments, for a loss, and open sourced, so the market could compete on price. But that’s not the world we live in.
I wrote a long winded reply but honestly I’ll just say that your second paragraph is entirely based on fiction and your final paragraph is precisely what for profit medicine is designed to do. Profit is a purely ideological drive, medicine and healthcare do not need profits to exist. The post office does not need to make money. It exists because we HAVE to have it.
You can go see for yourself. Moderna did not single handedly make the covid vaccine. They do not and should not have the right to deny anyone the right to produce it as cheaply as necessary to provide it to their populations. I can go deeper if you want but if this doesn’t show you that we are saying the same thing I’m going to have doubts about this being in good faith.
It’s not fiction, that’s the reality.
Profit is a purely ideological drive, medicine and healthcare do not need profits to exist.
No shit. Everyone knows that. But it does exist. That’s the world we live in. Income tax doesn’t need to exist, but it does, and things would go wrong if you suddenly stopped paying it.
Moderna did not single handedly make the covid vaccine
Who said they did? Many companies did, and some had government or university help.
I can go deeper if you want
Go as deep as you like. I’ve already explained the situation, though.
I am speaking in good faith. How do you go about avoiding companies simply refusing to create new medications when they know for a fact making new ones would cost billions and they’d never get the money back?
I don’t like that that’s the situation. I want companies to make medications and sell them at a loss, but that’s a fantasy world. I’m being pragmatic. We can improve IP laws without completely killing off future medicine development.
“Just, like, don’t make profit, broooo” would be nice, but that’s not how the world works.
The development of new medications should be 100% funded by governments and the IP that comes out of it should be 100% if the government, aka the people.
Governments are the ones that do the investments of projects that don’t directly make money but are good for humanity.
You don’t like that and the hepac drug can suddenly cost 70 dollars
You’re right.
I see the point you’re aiming at, but it’s not little companies discovering new drugs it’s giant corporations (often on the back of government research money) who then ‘swoop in’ to protect their own profits while people in underdeveloped nations die of tuberculosis or whatever because they would rather make money than save lives.
You might be surprised how small medical research labs can be. The lady responsible for nanolipid particles used in transporting rNA vaccines, in similar fashion to how an organelle gets packaged in membrane and cast out, spent decades cruising on bare minimum public funding.
What costs money is testing phases, including a lab to hold and propogate immortal cell lines and later production lines to create enough doses for thousands of human trials.
Although tbh I don’t expect the USA to be upholding strict drug safety standards in the near future.
What costs money is testing phases, including a lab to hold and propogate immortal cell lines and later production lines to create enough doses for thousands of human trials.
Thank you. These arguments are always hard to read. Sure, small labs are where it usually starts, but without enormous and risky investments, we would never have the drugs we have today. Most of these investments fail miserably, so one successful drug must cover the costs of ten unsuccessful ones. Nobody would do that if their IP weren’t protected. It’s more about reputation than facts when it comes to this topic.
Unless it were completely government funded, but that’s clearly not was Illegal Immigrant Billionaire Elon Musk and the Orange Felon are proposing so yeah, IP Laws applying to Pharmaceuticals all the way.
I was speaking generally and obviously there are exceptions and contributions from all over the place. But it’s not tiny labs like that that hold a death-grip on the patents to drugs that are being sold for absurd amounts of money that are far out of reach of the people who need them. Also while I recognize that this kind of research is expensive it must also be recognized that much of that research is funded, directly or indirectly, by the US government through the National Institutes of Health, Centers for Disease Control, etc, so the fact that these big corporations are effectively getting a hand-out and then charging an arm and a leg for it sticks in my craw. But then maybe I’m just weird for thinking that human life is more important than quarterly profits.
In the US the tax payer subsidizes almost all drug research. Between 2010 and 2019 the NIH spent $184 Billion on all but 2 drugs approved by the FDA.
It worked out to about $1.5 Billion for each R&D product with a novel target and about $600 mill for each R&D product with multiple targets.
https://pmc.ncbi.nlm.nih.gov/articles/PMC10148199/
Or
https://jamanetwork.com/journals/jama-health-forum/fullarticle/2804378
The cost to develop each drug is between about $1 and $2.5 Billion
I’m not sure how much is subsidized outside of NIH but I’d imagine other countries are doing the same.
Why should companies own the whole IP or perhaps why should they have any ownership if most of the funding is from the public?
This is a great point. I know that some pharmas actually do internally funded research, it’s a thing, it happens, but it’s completely dwarfed by shareholder giveaways and government subsidies ofc.
The problem I mostly have is even when those costs are recouped most companies fight tooth and nail to keep the prices high and unaffordable in order to line the pockets of investors.
Yes, 100%.
If Elon agrees with anything… run.
I think ip laws are important but need to be changed. One example are things that are funded by tax dollars. They can’t own the ip of something we funded even if partially funded. Maybe let them hold the ip until they recoup their cost.
I also think that it is OK for companies to have ip, but it needs to be shorter. Like, they get 10 years or they earn 10x their cost on developing it.
Im not saying my exact ideas are perfect, but just an example of how ip should not last for as long as it does.
Disney vs the tech brats. Jumbish, bring me the popcorn
Oh no, this is so… good idea. Yarr! Pirate Party approves.
I mean, I’d like to get rid of IP Law too…
But I actually mean get rid of, not an “Under New Management” sense like Elon The Musky Husky wants
i’d also like to delete all billionaires
The current US trade war is the perfect opportunity for some other country or countries to “right-size” their IP laws.
Hollywood wanted “lifetime plus 900 years” or whatever. So, whenever the US negotiated a trade deal it said “you only get tariff-free access to our markets if you give Hollywood lifetime plus 900 years in your country too.”
With section 1201 of the DMCA this also meant that other countries had to accept that you could only repair your John Deere tractor if you paid Deere for the privilege. Or that HP could prevent you from using any ink but theirs in your printer, allowing them to make printer ink the most expensive liquid on the planet.
If the US is no longer abiding by the terms of their trade agreements, other countries should no longer honor these absurd IP treaties.
Delete all internet protocol law
This is the only thing he’s ever done or said that I agree with, even though his real intentions are obvious. We really do need a complete re-writing of IP law, but not from Elon.
This would be disastrous for actual manufacturing because a patent is the only thing that makes it worthwhile to spend a bunch of money upfront to develop a new technology. Unlike with software where you don’t have nearly as much up front capital investment to develop something, it costs millions of dollars to get a manufacturing process up and running and in a good enough state to where it can actually work out financially. Without patents, your competitor can just take all of that work and investment and just copy it with the benefit of doing it right the first time, so they’re able to undercut you on cost. The alternative is that everyone is super secretive about what they’re doing and no knowledge is shared, which is even worse. Patents are an awesome solution to this problem because they are public documents that explain how technologies work, but the law allows a monopoly on that technology for a limited amount of time. I also feel that in the current landscape, copyright is probably also good (although I would prefer it to be more limited) because I don’t want people who are actually coming up with new ideas having to compete with thousands of AI slop copycats ruining the market.
TL;DR- patents are good if you’re actually building things, tech bros are morons who think everything is software.
In the manufacturing space, people are questioning if patents help them at all. There is no stopping China from copying your design and selling it on Aliexpress. In fact, since you’re almost certainly getting your product manufactured in China in the first place, there is no stopping the very manufacturing plant you’re using from producing extras and undercutting you.
Consider this old EEVblog vid about bringing a product to market, and the #1 tip is “don’t bother with a patent”: https://www.youtube.com/watch?v=Z7BL1O0xCcY
Patents have evolved to be useful to patent trolls. That’s it.
That’s not what Dorsey and Musk are after, though. They want to kill copyright law because it’s inconvenient for AI training data.
it costs millions of dollars to get a manufacturing process up and running and in a good enough state to where it can actually work out financially. Without patents, your competitor can just take all of that work and investment and just copy it with the benefit of doing it right the first time, so they’re able to undercut you on cost.
This argument makes no sense. Manufacturing lines are built all that time for unpatented products, plus a competitor can’t just “take all of that work and investment”, they will need to put in money to create their own product, even if it’s a copy they still need to make it work, as well as build their own production capacity.
They’ll be second to market, and presumably need to undercut price to get market share… This is a very risky endeavour, unless the profit margins are huge, and in which case, good thing that there’s no patents…
If the research is so costly and complex (pharmaceutical, aeronautical,…), then it should be at least partly funded by the government, through partnerships between universities and companies.
Patents are not a solution.
Research is supposed to be publicly funded
Getting rid of IP law basically makes mob tactics the only way to ensure compensation for investment in inventions.
If they did could we use the Twitter bird or Tesla logo all we wanted? I mean yeah let’s get rid of all IP law but get rid of it for everyone. If we want to copy a big corporation then yeah we should do that. Get rid of copyright and trademarks, woo! Publish all that hidden patented material so anyone can produce it. Let’s get creative. You think big corps will get on board with all this?
Yes, I’m fully aware we want to abolish IP law for different reasons but still, I’m onboard.
