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Geekery Today: posts from April 26th, 2005

Patents kill (posted 26 April 2005)

So, it turns out that today is—by edict of WIPO—World Intellectual Property Day 2005. Among the objectives set out for the day are:

  • To increase understanding of how protecting IP rights helps to foster creativity and innovation;
  • To raise awareness of the importance in daily life of patents, copyright, trademarks and designs.

Well, who could disagree with such educational goals? The Ministries of Culture and Science in this secessionist republic of one applaud the educational purposes of World Intellectual Property day, and offer the following in the effort to raise awareness of the importance in daily life of patents and copyrights, and to make sure that you understand exactly how protecting IP restrictions is fostering creativity and innovation.

Intellectual property restrictions are government-granted monopolies. They have nothing, actually, to do with property rights; what they do is seize ordinary people’s property and hold it hostage to the license-holders’ demands for ransom. They kill innovation because they kill new products; they kill new products because they invade other people’s real property — meaning pens, paper, scanners, computers, DVD players, and so on — in the attempt to lock down ideas — which are, by nature, non-rivalrous resources; this amounts to nothing less than a systematic and ruthless intellectual enclosure movement against what is and ought to be the common property of all humanity.

Now, as a techno-geek, I don’t like how this strangles the amazing innovation that we could be seeing in the intelligent use of audio, video, and text content, in this age of cheap computers and plentiful storage. But the plain fact is that this isn’t, really, about what your latest gizmo can or can’t do with your music library, and it’s not a topic for polite debate and economic wonkery. This is life and death. For example, in India recently:

India, a major source of inexpensive AIDS drugs, passed a new patent law yesterday that groups providing drugs to the world’s poorest patients fear will choke off their supply of new treatments.

The new law, amending India’s 1970 Patent Act, affects everything from electronics to software to medicines, and has been expected for years as a condition for India to join the World Trade Organization.

But because millions of poor people in India and elsewhere — including by some estimates half the AIDS patients in the Third World — rely on India’s generic drug industry, lobbyists for multinational drug companies as well as activists fighting for cheap drugs had descended on New Delhi to try to influence the outcome.

It’s very disappointing, but it could have been worse, said Daniel Berman, a coordinator of the global access campaign for the medical charity Doctors Without Borders. All generics could have been removed from the market.

Instead, all the generic drugs already approved in India can still be sold, though sellers must now pay licensing fees. There are also provisions allowing companies that make generics to copy drugs in the future.

But there are relatively tough criteria for such copying, and activists predicted that prices for newly invented drugs will be much higher, because drug makers will have the same 20-year patent monopolies as they have in the West. As AIDS patients develop resistance to old drugs, new treatments will become less affordable, they said.

In addition, it is unclear whether makers of generic drugs in other countries, like Brazil, China and Thailand, will fill any increasing demand for cheaper medicines.

…

All Western countries grant product patents on new inventions. Since 1970, India has granted process patents, which allow another inventor to patent the same product as long as it was created by a novel process. In pharmaceuticals, that has meant that a tiny tweak in the synthesis of a molecule yields a new patent. Several companies can produce the same drug, creating competition that drives down prices.

Before 1970, India’s patent laws came from its colonial days, and it had some of the world’s highest drug prices. Process patents on drugs, fertilizers and pesticides have extended life expectancy and ended regular famines.

In Africa, exports by Indian companies, especially Cipla and Ranbaxy Laboratories, helped drive the annual price of antiretroviral treatment down from $15,000 per patient a decade ago to about $200 now. They also simplified therapy by putting three AIDS drugs in one pill. Dr. Yusuf Hamied, Cipla’s chairman, called the new law a very sad day for India.

—New York Times 2005-03-24: India Alters Law on Drug Patents

And the same folks want to do the same thing to Latin America, through the adoption of CAFTA:

Found to be HIV-positive shortly before her husband died of AIDS-related complications last fall, an ailing Garcia was convinced of her own death sentence. But generic drugs have kept the virus in check and restored 60 lost pounds to her frame.

I now have hope, said the 52-year-old grandmother and flower vendor, who gets her medicine free from a nonprofit clinic.

Public health experts fear that hope might fade for Garcia and thousands of the region’s chronically ill if the Dominican Republic-Central American Free Trade Agreement, known as CAFTA, is approved this year.

Under the pact American pharmaceutical giants would gain a five-year edge on the development of new drugs by low-cost competitors. Generic versions of name-brand drugs are the main weapon for battling the AIDS pandemic in the developing world.

Healthcare activists say those intellectual property protections would drive up the cost of treating chronic conditions, particularly HIV/AIDS, sufferers of which routinely develop resistance to old medications. About 40 million people worldwide are infected with HIV, the virus that causes AIDS, and more than 275,000 of them live in the six Latin American CAFTA nations, according to United Nations statistics.

—LA Times 2005-04-22: AIDS Patients See Life, Death Issues in Trade Pact

Patents kill people. They mean that the pharmaceutical cartel can call up the armed bully-boys of almost every government in the world in order to enforce artificially high prices for their top money-makers; and that means that State violence is being used to prevent affordable, life-saving drugs from reaching the desparately poor of the world. The multilateral so-called free trade agreements of the past couple decades — NAFTA, the WTO, and upcoming plans such as CAFTA and the FTAA — are slowly cutting back on traditional industrial protectionism while dramatically expanding the scale, scope, and deadly reach of intellectual protectionism.

To hell with that. Intellectual property is not about incentivizing or encouraging or opportunities. It’s about force: invading other people’s property to force them to render long-term rents to you long after you have stopped putting any particular work into what you’re claiming to be yours. A necessary corollary is that it also means invading those who offer innovations based on the work that you have done unless those innovations comply with a very narrow set of guidelines for authorized use. You have no right to do that, and you sure don’t have the right to do it at the expense of innocent people’s lives. A free society needs a free culture. Patents kill and freedom save people’s lives. This is as simple as it gets. Écrassez l’infâme: écrassez l’etat.

Further reading

Peace Officers (posted 26 April 2005)

(Thanks to Marian Douglas for shining light on this.)

We already knew that Florida cops were willing to electrify a 6 year old boy and a 12 year old girl with a 50,000 volt blast from a taser. The 6 year old was distraught and threatening to hurt himself (after all, why hurt yourself when you can have a cop immobilize you with pain?); the 12 year old’s crime was playing hooky and maybe being a little tipsy, and the incredibly dangerous imminent threat she posed was that she ran away from the cop and so might have been able to skip school. Back when it happened, I mentioned that the main reaction from the police brass was to review the decision to equip cops with tasers—as if the equipment were the primary problem here. I also mentioned that we might be better served by scrutinizing the paramilitary police culture that we have, in which peace officers are trained to take control of every situation at all times, by any means necessary, and where any notion of proportionality between the possible harm and the violence used to maintain control is routinely chucked out the window in the name of law and order and winning the war on crime.

I hate being proven right.

It doesn’t take fancy electric tasers for Florida cops to be overbearing, brutal assholes. They can do it the old-fashioned way: for example, by sending three adult officers to pin a five year old girl’s arms behind her back and handcuff her.

A lawyer has threatened to sue police officers who handcuffed an allegedly uncontrollable five-year-old after she acted up at a Florida kindergarten.

The officers were called by the school after a teacher and assistant principal failed to calm down the little girl.

The incident was caught on a video camera which was rolling in the classroom as part of a self-improvement exercise at the St Petersburg school.

A lawyer for the girl’s mother said the episode was ncomprehensible.

The video, made public by the lawyer this week, shows the unfolding of the violent tantrum, which started when the little girl refused to take part in a maths lesson.

She then ripped some papers off a bulletin board and lashed out at staff trying to calm her down.

After calling her mother and learning she would not be able to pick up the child for at least one more hour, the teachers resorted to calling the police.

Three officers rushed to the scene and handcuffed the girl, by that time apparently calm, after pinning her arms behind her back.

The footage showed her in distress after being handcuffed.

—BBC 2005-04-23: U.S. police handcuff five-year-old

One of the minor consolations of subjecting schoolchildren to a school police state is that the surveillance has left a video record of the handcuffing.

So a kindergardner is uncontrollable and this justifies calling the cops, and then (even though she wasn’t doing anything anymore, just in case she got any ideas) hand-cuffing her as she screams.

By the way, this is not the first time that this has happened

Trayvon McRae is 6 years old.

After throwing a tantrum in music class, and kicking and hitting a St. Petersburg police officer who was taking him home, this kindergartener was handcuffed and arrested on a charge of battery on a law enforcement officer. Both of his wrists fit neatly into a single cuff.

Mikey Rao was 8 when he got arrested.

He didn’t want to go to the principal’s office, so he ran out of his class and kicked and scratched a teacher’s aide. He spent several hours in the Citrus County Jail.

Demetri Starks turned 9 last week.

One day this summer, when he was still 8, he swiped a neighbor’s jar of change. Police stopped the 60-pound St. Petersburg boy wearing a T-shirt covered with monsters from the cartoon Digimon. They handcuffed him and sent him to a detention center where he stayed locked up for nine days.

—St. Petersburg Times 2000-12-17: Under 12, Under Arrest

Hell, it’s not even the only time that it’s happened recently.

Two boys, aged 9 and 10, were charged with second-degree felonies and taken away in handcuffs by the police because they drew stick figures depicting violence against a third student.

There was no act of violence, no weaponry. According to news reports, the arrested children had no prior history of threatening the student depicted in the drawing. The parents were not advised or consulted. The school’s immediate response was to call the police and level charges “of making a written threat to kill or harm another person.”

The incident was not an aberration but one of three similar occurrences in the Florida school system during the same week. In another case, a 6-year-old was led away in handcuffs by police. And those three incidents are only the ones that managed to attract media attention.

—Wendy McElroy 2005-02-10: On Handcuffed and Felonious Children

(Just in case you Blue Staters were thinking about getting smug about those barbarians down yonder in Florida, you might also be interested to know about the California cops who beat the shit out of a non-verbal autistic teenager who didn’t follow their orders—using bludgeons, a taser, and pepper spray.)

photo: Two cops hunker down with tactical gear and assault rifles

Hello, we’re the cops, and we’re here to keep you safe!

The cops, of course, continue to treat these cases as a P.R. management problem, not a public safety problem created by out-of-control cops. That’s because the cops aren’t out of control; they are doing what cops normally do in our society; we only know about it here because the victims were vulnerable enough that their caretakers were able to get the attention of the newsmedia and the civil courts. We are not talking about a few bad apples here; we are talking about a systematic feature of policing in our society. We’re not talking about something that a bit of administrative hand-wringing and P.R. management and tinkering with equipment will solve. Police brutality, especially police brutality against unruly Black people, ain’t exactly new. This is what happens when the means of defense are almost entirely in the hands of a professionalized paramilitary force. You get an institutional culture of command-and-control. You get unaccountable peace officers who go on a rampage when their orders are questioned, and who apparently don’t have any principled inhibitions about using force on people that is wildly out of proportion to any possible threat. (Restraint can especially go out the window if they are Black. Or if they are otherwise thought to be unlikely to get sympathetic attention from the courts.)

So just remember, Johnny: the cops are here to keep you safe. By hurting you for no reason when you pose absolutely no threat to anyone.

Further reading