To Bag Or Non To Bag – A Tale Of 2 Opinions

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by Seton Motley, Contributing Author: I am a huge fan of informed debate. I receive got on to a greater extent than than a few occasions been a piece of work of of official, organized panel discussions alongside representatives of both sides of this number or that.

But I receive got constitute two-sided panels to hold upwards an endangered species inward Washington, D.C. People hither appear to prefer empaneling iv v or vi people – all of whom are inward nigh consummate agreement.

Our hyper-partisanship – imbues everything.

I constitute the one-sidedness to be…less interesting. So when I yet organized such events – I ever did thus alongside both sides represented.

So I was pleased to encounter Forbes journal – inside a calendar week – offering diametrically contrary persuasion pieces on the concept of Intellectual Property (IP).

Pro: Feeding the Fire Of Genius: Intellectual Property And America’s High-Tech Future

And Con: Five Lessons From The Toy Wars: How Intellectual Property Laws Can Restrict Your Career Mobility

In which are embodied the 2 sides’ wide stroke visions of how to process IP.

As an admitted pro-IP mortal – I thought it would hold upwards interesting to analyze a fiddling of both pieces.

In the involvement of interesting – we’ll get down alongside the Con:

“Orly Lobel’s novel mass ‘You Don’t Own Me’ recounts the knock-down, drag-out in addition to yet unfinished ‘toy wars’ betwixt Mattel, distributor of Barbie dolls, in addition to nearby challenger MGA Entertainment, distributor of the Bratz collection.

“The mass shows how those wars ‘challenge the correct in addition to liberty to move out jobs, compete alongside incumbent companies, command ideas in addition to innovate.’ What Lobel calls ‘the criminalization of job mobility’ is a serious problem, in addition to this article offers about starting fourth dimension steps to protect yourself from its grasp….

“Under traditional law, your employer was entitled to the piece of work yous produced, in addition to yous were gratis to accept your skills in addition to cognition elsewhere. Non-compete contracts, covered inward an before article, interfere alongside that freedom. The double whammy is that so, too, exercise intellectual belongings contracts.”

The writer finds it offensive that IP creators…want to protect their IP when their employees move out their employ. Just every bit a tractor manufacturer doesn’t desire an outgoing employee driving off the lot alongside an armada of unpaid-for threshers.

Only the employee leaving alongside IP – does thus alongside content FAR to a greater extent than valuable thus the threshers. If yous pocket 8 threshers – yous receive got 8 threshers. But the IP yous pocket – is nigh ever infinitely replicate-able. Rendering your theft – endless…and endlessly valuable.

If people are stealing IP – people aren’t paying for IP. Which way rather chop-chop – no ane volition receive got other jobs to which to go. Because when no ane is paid for IP – no ane tin hire for IP. Rendering “employment mobility” – ancient history.

The anti-IP writer – fails the human nature test. In multiple key ways.

The pro-IP writer – passes alongside flight colors:

“How key are intellectual belongings rights, i.e. the rights accruing to an inventor or writer or companionship of exclusive ownership of their ain piece of work or excogitation every bit enshrined inward patent in addition to copyright laws?…

“Strong IPR protections, for example, non solely incentivize inventors in addition to IP stakeholders,…(t)hose protections…generate a revenue flow of royalties through which companies tin fund the side past times side generation of innovation.”

If yous pocket today’s materials – you’ll never larn tomorrow’s stuff. Because if today’s creators receive got their creations stolen – they won’t exercise anything tomorrow. Because human nature.

If inward Year One farmers pass nine months planting, tilling, watering in addition to their crops – solely to receive got everyone on the planet pass the terminal 3 months freely helping themselves – no farmers volition flora anything inward Year Two. Because human nature.

And at that topographic point become all the jobs planting, tilling, watering in addition to picking the farmers’ crops. “Employment mobility” – immobilized.

The late, groovy Ronald Reagan ane time wisely observed:

“There are no tardily answers, merely at that topographic point are unproblematic answers. We must receive got the courage to exercise what nosotros know is morally right.”

The respond to the IP enquiry – is actually really Reagan-esque simple.

We should readily know: Stealing IP – volition crusade IP creators to halt creating IP. Because people won’t endlessly piece of work for free. Simple.

We should readily know: Stealing IP – is morally wrong. Because stealing anything – is morally wrong. Simple.

In fact – alongside apologies to Reagan: That nosotros should vigorously protect IP from all things theft is both unproblematic – in addition to easy.
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Seton Motley is the President of Less Government in addition to he contributes to . Please experience gratis to follow him him on Twitter   /   Facebook.

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