I’ve said it before, and I’ll say it again. Patents kill people.

Patent restrictions, inflicted in the name of intellectual property, are in reality nothing more than government-granted monopolies — granted in a deliberate effort to lock down ideas, which are, by nature, non-rivalrous resources, discoverable and available to all without conflict, deprivation or exclusion. This effort to monopolize access to human knowledge, and to extract monopoly profits for a term of years, can operate only by forbidding anyone else to peacefully produce — to imitate, duplicate, independently develop, or make improvements on the margin, to new technology and potentially life-saving discoveries. It has nothing to do with protecting property, and everything to do with protecting corporate power at the expense of massive invasions on property — on the equal liberty of generic competitors to make use of their own resources, computers, labs, chemicals and plants to produce and to market similar wares. In the industries dominated by patent privilege, incumbent trans-national corporations, like Roche and GlaxoSmithKline, ransom their fattened profits from legally-secured captive markets, and do it ultimately at the expense, not just of would-be competitors, but also at the expense of those who depend on patent-encumbered technologies for their well-being, their health, or their lives. When this is done to relatively privileged people and useful or enjoyable technologies, this is a crude form of protectionism, and an exploitative burden for the benefit of entrenched capitalists. When it is done to the poorest, most marginalized, and most desperate people, it is an obscene and lethal crime. And that’s what’s happened — just what’s happend — with pharmaceutical corporations’ protected monopolies on antiretroviral drugs for HIV in Africa. Patents kill. They killed millions in the last two decades alone, that open competition and lower prices could have saved. And this crime against humanity was inflicted knowingly, deliberately, not just by Big Pharma — they had no power to stop generics; they couldn’t have done it alone — but by the concerted effort of the United States government, the E.U. governments, the World Trade Organization, and WTO-controlled client states throughout the developing world. Due to the TRIPS protocols on international patents and copyrights — negotiated in the Uruguay Round of GATT and enforced through the World Trade Organization — neo-liberal trade agreements became the key mechanism for a deliberate international governmental campaign to protect the industrial structure of corporate capitalism, even though it meant suppressing the production and trade of affordable HIV drugs in the global South, and even though this inevitably meant millions of preventable deaths.

AMY GOODMAN: We're broadcasting from the Sundance Film Festival in Park City, Utah. . . . As we turn now to another film about what some have described as the crime of the century. The new documentary, Fire in the Blood, explores how major pharmaceutical companies, including Pfizer and GlaxoSmithKline, as well as the United States, prevented tens of millions of people in the developing world from receiving affordable generic AIDS drugs. Millions died as a result. This is a part of the trailer of Fire in the Blood.

DR. PETER MUGYENYI: Over two million people were reported to have died in that year alone.

YUSUF HAMIED: The whole of Africa was being taken for a ride.

BILL CLINTON: It's fine for people in rich countries to say this is what it ought to be. They don't have to live in these little villages and watch people die like flies.

DR. PETER MUGYENYI: Where are the drugs? The drugs are where the disease is not.

DONALD McNEIL: You fight our patent monopolies, we will make sure you die.

NELSON MANDELA: As long as drugs are not available to everybody, he will not take them.

JAMES LOVE: It was just kind of a crisis of humanity. People just weren't really human for a moment.

AMY GOODMAN: That's an excerpt of Fire in the Blood, the film tracing how Big Pharma refused to allow countries to break patents and allow for the importation of cheap generic AIDS drugs. The problem continues today, as the World Trade Organization continues to block the importation of generic drugs in many countries because of a trade deal known as the TRIPS Agreement. Fire in the Blood just had its North American premiere here at the Sundance Film Festival.

For more, we're joined by two guests: Dylan Mohan Gray, director of Fire in the Blood, based in Mumbai, India, and Dr. Peter Mugyenyi, a Ugandan AIDS doctor featured in the film, recognized as one of the world's foremost specialists and researchers in the field of HIV/AIDS. He played a key role in founding Uganda's HIV/AIDS Joint Clinical Research Centre, and is author of a new book, Genocide by Denial: How Profiteering from HIV/AIDS Killed Millions.

We welcome you both to Democracy Now! Dylan, let's begin with you, why you made this film.

DYLAN MOHAN GRAY: Well, basically, I think the story sort of came to me by accident, to be honest. I was working on a film in Sri Lanka in 2004, and I had a day off and just happened to read an article in The Economist, of all things, which—it struck me as very interesting, because it was about one of the characters in our film, Dr. Yusuf Hamied, who's an Indian generic drug maker, and it was talking about how he was bringing in low-cost antiretroviral medications to Africa. Yet it seemed something interesting was going on beneath the surface. It seemed like this was obviously, you know, to my mind, a very good thing that he was doing, but they were going out of their way, I felt, to attack him, but it wasn't clear why. So, it piqued my interest. And, you know, not long later, I had the opportunity to meet Dr. Hamied. And through him, I met several of the other people that became contributors to the film.

And I used to be in the academic world, and, you know, the historian in me was just completely shocked and scandalized that, A, I didn't know more about the story, and, B, that there was so little written about it or, you know, there were no comprehensive accounts of what had happened—you know, something that had killed 10, 12 million people, and it seemed to have happened almost without a record. So, you know, the impetus to make the film, primarily, was actually to create a record, a memorial and a chronicle of what happened. And as you say, I mean, we consider this to be the crime of the century.

AMY GOODMAN: Dr. Mugyenyi is featured in the film. And it's an honor to have you here with us—

DR. PETER MUGYENYI: Thank you.

AMY GOODMAN: —before you head back home to Uganda, where you had been imprisoned, jailed, as you tried to bring generic drugs into Uganda, to get these drugs at a cheaper amount. Explain what Dr. Hamied did, this—I mean, what Cipla, the head of Cipla did, this drug company, how he challenged the rest of the world in saying he would cut the prices of AIDS drugs from—what was it? The amount that people would have to pay for the triple cocktail, before and after Hamied?

DR. PETER MUGYENYI: Well, there was a misinformation, worldwide misinformation, that AIDS drugs were too expensive to manufacture. The second misinformation that was there was that Africans would not be able to use these drugs, that it was impossible to use these drugs in the African condition. Dr. Hamied called the bluff of all of those who were propagating this false information that cost so many lives of people.

AMY GOODMAN: How?

DR. PETER MUGYENYI: Well, he just literally announced that it is not true that these drugs can only be manufactured at such an exorbitant cost. He demonstrated that they could be demonstrated at relatively affordable cost, which would save millions of lives because of affordability. So it was the issue of affordability and access where Hamied came in and acted.

AMY GOODMAN: So before him, drug companies were charging like $15,000 for a year for one patient to get a triple cocktail for the year. And he cut that price to less than a dollar a day? $15,000 to $350 for the year?

DR. PETER MUGYENYI: Yes, and that action was incredible. For the first time, millions of people who were dying stopped dying in Africa, because they started accessing life-saving drugs.

AMY GOODMAN: Why did you end up in jail in Uganda?

DR. PETER MUGYENYI: Well, it was—I was arrested, but I was rescued because Uganda government was concerned about the plight of the citizens who were dying in such a big number. So an emergency meeting that rescued me from arrest took place in front of the government ministers, and at that meeting I made it clear: I said to the meeting that, Look, your relatives are dying of AIDS. Your citizens are dying of AIDS. I'm a doctor working among the AIDS patients, and I have no tools to save my patients' lives. All I have done is to import affordable drugs, which will increase access. These drugs are at the airport. They are under your care. You can block them from coming in, but as far as I'm concerned, I have done my job of bringing life-saving drugs to Uganda. And I think they understood. And every one of them had relatives who were suffering from AIDS, or at least a friend whom they knew who had died from AIDS. And so, this was—it was not very difficult to convince them that this action was necessary, and I needed to be out saving lives with drugs instead of being arrested.

AMY GOODMAN: Another of the heroes in the fight to bring life-saving drugs to HIV/AIDS patients is Zackie Achmat of South Africa's Treatment Action Campaign. In 1999, Achmat, who is HIV-positive, went on a treatment strike in solidarity with others who couldn't afford medication. He's featured in Fire in the Blood.

ZAKIE ACHMAT: If my sisters or brothers or cousins had HIV or had AIDS and needed medicines, they wouldn't have been able to get it. And I grew up in a house where your mom would say, If all the kids can't have chocolate, one is not going to have it.

NARRATOR: Having made up his mind, Zackie Achmat announced that he would boycott antiretrovirals until the South African government made them available to everyone.

AMY GOODMAN: Dylan Mohan Gray, talk about the significance of Zackie Achmat and what the whole issue of patents is about in these U.S. companies.

DYLAN MOHAN GRAY: Well, Zackie Achmat, as you said, is one of the great heroes of this story. And I think the boycott that he undertook, very much with a sort of a Gandhian impetus in mind, you know, it was a very deliberate action that he took. And as he says in the film, you know, he grew up in a family where his mother said, if one child couldn't have chocolate, then none of the children were going to get it. And that's a very simple way of looking at it, but that's something I think we can all identify with. He grew up, you know, struggling against apartheid in South Africa, a very strong sense of solidarity with his fellow man. And, you know, he could easily have accessed the drugs, because he was an internationally known activist, but he said, No, I'm not going to do it. And he came very close to death by taking that decision. And I think, you know, it had a very, very big impact on waking people, especially in the Western world, up to the reality of the situation in sub-Saharan Africa. So, you know, the gamble paid off, so to speak.

AMY GOODMAN: Say that last part.

DYLAN MOHAN GRAY: I said the gamble paid off. I feel like his gamble that he took—I mean, he risked his life—but in a sense, the gamble paid off, because the impact of what he did, you know, had repercussions throughout the world and woke a lot of people up to the situation of access to medicine in Africa.

AMY GOODMAN: Explain how the patents work.

DYLAN MOHAN GRAY: A patent is a government-granted monopoly or a grant of exclusivity which is given to companies, generally, or individuals, with the idea that by giving a period of the exclusivity, one would incentivize investment. So, what typically happens with pharmaceutical companies is they will purchase technology from others, whether it be universities or small biotech companies or other small innovative outfits, and they will then commercialize these products. And because they will have a monopoly for a period of time, usually a minimum of 20 years, they will be able to set the price at any level they wish. And we have the former vice president of Pfizer in our film, who says very openly the concept is to maximize revenue. It has nothing to do with the cost of research and development.

AMY GOODMAN: Dr. Mugyenyi, what needs to happen right now, in these last 30 seconds?

DR. PETER MUGYENYI: Well, what needs to happen is the realization that an inequitable, unethical situation exists with the related TRIPS Agreement, and that lives, millions of lives, are at stake unless this TRIPS Agreement and patents issue are addressed—not to hurt business, but to make sure that they do not hurt patients and result in a bloodbath, that we have seen in the case of HIV/AIDS.

AMY GOODMAN: I want to thank you both very much for being with us, Dr. Peter Mugyenyi from Uganda and Dylan Mohan Gray, director of the new film that has just premiered here at the Sundance Film Festival, Fire in the Blood.

I’m glad this movie has come out — it’s important, and it’s important that people are talking about this. My one reservation is that, when I watched this clip, it took some serious jaw-clenching not to scream out loud when the filmmakers brought William Jefferson Clinton, political philanthropist and ex-President of the United States, on screen to moralize and to lecture us about the HIV crisis in Africa. Of course the crisis is appalling, and the result of policies which are deeply immoral. But whose policies? Just who do they think negotiated and signed TRIPS? The AIDS crisis is a crime inflicted on Africa by governments, and at the head of the most powerful government inflicting it were President Clinton, his administration, and his successors. He and they have blood on their hands.

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 desparate and the poor. The multilateral so-called free trade agreements of the past couple decades — NAFTA, CAFTA, the WTO — 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 corporate monopolists, long after they have stopped putting any particular work into what they are claiming to be theirs. A necessary corollary is that it also means invading those who offer innovations based on the work that they control, unless those innovations comply with a very narrow set of guidelines for authorized use. They have no right to do that, and they sure don't have the right to do it at the expense of innocent people's lives. A free society needs a free culture, free knowledge and free technology. Patents kill and freedom saves people's lives. This is as dead simple as it gets. To hell with state monopolies; to hell with state capitalism.

Also.

• GT 2005-04-26: Patents kill.
• GT 2005-10-20: Patents kill, part II.
• GT 2005-07-06: Libertarians for Protectionism.
• GT 2006-01-29: Libertarians for Protectionism, Appendix A.
• GT 2009-01-21: Libertarians for Protectionism, Appendix B.
• I’m Against Free Trade Agreements Because I’m For Free Trade, guest post at Bleeding Heart Libertarians (August 22, 2011).

So I guess it turns out that the world didn’t really turn color sometime in the 1930s?

This is from 1922, and is one of the earliest recordings ever of natural color on film. You can see it again now because technological civilization is awesome.

This clip is a very early, full-color Kodachrome film made by Kodak in 1922 to test new film stock and color processing. . . . The color and lighting are exquisite—all warm reds with flattering highlights—making it a purely enjoyable thing to watch. In 1922, for all its technical achievements, Kodak hadn’t yet done away with the flicker that gave movies one of their earliest and most enduring nicknames: the flicks. The flicker resulted from variations in film speed produced by the slow, hand-cranked cameras of the time and by variations in the density of the film itself . . . .

— This 1922 Kodachrome Test Footage is Strangely Bewitching, in The Vault at Slate (February 8, 2013)

From the West Coast to the East, here’s some news from occupied New York. After a great deal of stonewalling and under intense pressure from New York civil liberties groups, the NYPD has finally released reports on the results of its recent revival of random warrantless stop-and-frisk. Not surprisingly, the results demonstrate that not only is this police power fascist in principle, but also the application of the program is overwhelmingly racist in practice.

The NYPD last night released a report on its controversial stop-and-frisk procedure that breaks down by precinct — and by race — those who've been targeted.

The figures, all from 2011, show the precinct with the most stops by sheer numbers was Brooklyn's 75th, which includes East New York and Cypress Hills.

More than 31,000 people were stopped, 97 percent of them either black or Hispanic.

Brooklyn's 73rd Precinct, covering Brownsville, was the next highest, with 25,167 stops. About 98 percent involved minorities.

The 115th Precinct — which includes East Elmhurst, Corona and Jackson Heights in Queens — ranked third, with 18,156 stops. Nearly 93 percent of those involved minorities, the figures show.

The 40th Precinct in The Bronx, which covers Mott Haven and Melrose, racked up the next highest number — 17,690 — with 98.5 percent involving minorities.

And at No. 5 was the 90th Precinct in Williamsburg, Brooklyn, where there were 17,566 stops, with 88.6 percent involving minorities.

The New York Civil Liberties Union had fought for release of the stats last year.

After getting them, the civil-rights group said they show a pattern of racial profiling — a charge that the NYPD denies.

— Natasha Velez, NYPD releases stop-frisk data, New York Post (Feb 5, 2013)

The NYPD, like most police forces, routinely issues blanket denials of obvious empirical facts, and expects to be believed because the press conference is called in an alternate dimension, where 98+% of all stops just happen to be directed at harassing black or Latin@ victims because of some objective and racially neutral standard of Reasonable Suspicion. In the real world, of course, outside of political power-trip la-la land, Reasonable Suspicion is an entirely meaningless standard, which in practice means nothing more than a police officer’s unreflective and unsubstantiated gut feelings about whether or not someone looks like they are up to no good. And whatever the intentions of NYPD management may have been in designing the policy, or the criteria, the overwhelmingly obvious practical effect of this kind of massive discretionary police power is a campaign of in-effect discriminatory racial harassment by police, which is fueled by the subtle and not-so-subtle sorts of racialized anxiety, tension, and suspicion that set off police officers’ gut reactions. (This is of course why giving police the power to use force, detain, threaten and search people, based on nothing more than their inchoate suspicions is a fundamentally terrible and deeply dangerous idea.)

While it appears at first blush to be a slick, fact-filled response, nothing in the report can dispute the reality that stop and frisk NYPD-style is targeted overwhelmingly at people of color, so innocent of any criminal wrongdoing, that all but 12 percent walk away without so much as a ticket, NYCLU Executive Director Donna Lieberman said in a statement.

. . . A total of 685,724 people — 8.6 percent of the city's population — were detained by cops for reasonable suspicion. [sic] . . . Of that number, 9 percent were white, and 4 percent Asian, the figures showed.

The No. 1 reason for stop-and-frisks that year was possible weapons possession, the report released yesterday said. . . .

— NYPD releases stop-frisk data…

You might be tempted to call racist harassment the occupational disease of police. If not for the fact that it is their occupation.

This is, incidentally, partly a story about how government policing, and police-state tactics like stop-and-frisk, are assaults on civil liberty in principle, and deeply structurally racist in applied practice. Also, though, — pay attention to the punchline at the end — I have to note that this is also a story about how the immediate practical effect of gun control laws in New York has been to provide the Number One legal pretext for a campaign of highly racialized police harassment. Like drug laws, and like any other law that serves to increase the legal power of police to threaten, coerce or arrest people for contraband possessions, gun control laws also are deeply structurally racist in their immediate practical effects.^[1]

Also.

• GT 2010-08-20: Your authorization says shoot your nation
• Anthony Gregory, Who Goes to Prison Due to Gun Control? in The Beacon (2012-12-21),

1. ^[1]See also Anthony Gregory’s important Who Goes to Prison Due to Gun Control?↩

There was more news released today on the police-on-police manhunt in Los Angeles, and the out-of-control police violence and jumping-the-gun overkill shootings in Torrance, California, which I mentioned previously the other day Now it turns out that they lit up not just one completely innocent pick-up driver, but two. Emphasis added.

David Perdue was on his way to sneak in some surfing before work Thursday morning when police flagged him down. They asked who he was and where he was headed, then sent him on his way.

Seconds later, Perdue’s attorney said, a Torrance police cruiser slammed into his pickup and officers opened fire; none of the bullets struck Perdue.

His pickup, police later explained, matched the description of the one belonging to Christopher Jordan Dorner — the ex-cop who has evaded authorities after allegedly killing three and wounding two more. But the pickups were different makes and colors. And Perdue looks nothing like Dorner: He’s several inches shorter and about a hundred pounds lighter. And Perdue is white; Dorner is black. . . .

The incident involving Perdue was the second time police looking for the fugitive former LAPD officer opened fire on someone else. . . . Torrance police said the officers who slammed into Perdue were responding to shots fired moments earlier in a nearby area in a nearby area where LAPD officers were standing guard outside the home of someone targeted in an online manifesto that authorities have attributed to Dorner.^[1]

In the first incident, LAPD officers opened fire on another pickup they feared was being driven by Dorner. The mother and daughter inside the truck were delivering Los Angeles Times newspapers. The older woman was shot twice in the back and the other was wounded by broken glass.

In Perdue’s case, his attorney said he wasn’t struck by bullets or glass but was injured in the car wreck, suffering a concussion and an injury to his shoulder. The LAX baggage handler hasn’t been able to work since, and his car is totaled, Sheahen said. . . . According to the police department, Perdue’s car was headed directly for one of their patrol vehicles and appeared not to be yielding. When the vehicles collided, Perdue’s air bag went off, blocking the view of the driver, and one officer fired three rounds.

— Robert Faturechi and Matt Stevens, Police seeking Dorner opened fire in a second case of mistaken identity, Los Angeles Times (February 9, 2013)

Do you feel safer now?

Mostly, this is just horrible and I hope that my friends in Southern California are staying safe. Connie Rice, a civil rights attorney, was consulted by the authors of the L.A. Times article, but what they chose to print from her statement was not anything having to do with civil rights; it was They [government police] don’t know where he is, and they’re going to be edgy and jumpy . . . Don’t get in their way. They’re in a special state of consciousness right now, and they’re not used to being hunted. I don’t know how much talk about civil rights issues in this homicidal police rampage was edited down to get that pull-quote, so I don’t want to blame Connie Rice for anything if this was taken out of context by the reporters. However, I will say that while it may be sensible practical advice to tell folks to stay away from the cops right now — while they are acting like twitchy, homicidal maniacs, and shooting literally anybody who moves the wrong way — it’s not clear how this advice is supposed to help someone like David Perdue. After all he didn’t get in [the police’s] way; they rammed his truck from behind. And if the attitude you have to take towards government police right now, even when they don’t come right after you for driving down a residential street, is essentially to treat them like mad dogs and do anything you can to keep a safe distance from them, what does that tell you about policing?

Government police are immensely politically and socially privileged, and they constantly demand extraordinary legal immunities and social deference. The reason that police use to justify the special powers and immunities that they get relative to the rest of the population is, in their constant refrain, that they’re putting their own lives on the line, supposedly for our safety. Actually, what constantly happens, and what is happening right now in Southern California, is that police jump on guesses, shoot first and ask questions later, and rely on boss cops and city lawyers to make up excuses for any mistake or any aubse, and so to protect them from any legal consequences whatever for when they attack, hurt or kill unarmed, defenseless or completely innocent people. As a result, when the chips are down, what happens, over and over again, is that police put our lives on the line, in order to protect their own safety, and their political privileges and legal immunities ensure that they will never be held accountable for whatever they do to us in the process.

Government police are one of the greatest menaces to public safety in the United States.

Support your local CopWatch.

Also.

• GT 2013-02-09: Public Safety
• GT 2009-09-04: 59 shots
• GT 2010-08-20: Your authorization says shoot your nation
• GT 2008-02-18: Cops are here to protect you.
• GT 2009-01-12: Cops are here to protect you. (#8)

1. ^[1]The jumbled grammar here — which, like most writing that was copied more or less directly from cop-speak, is full of passive constructions, lost subjects, rhetorical misdirection fractured causation, and seems more or less entirely calculated to erase the subjects of sentences, in order to ensure maximal obscurity about what police actually chose to do and when they did it — makes it hard to parse out this piece of information. But other reports have made clear that the shots fired moments earlier, which the cops who rammed Perdue’s truck were responding to and which got them afraid, were shots fired by other police officers, specifically the shots fired when LAPD opened up 20-30 rounds on the women in the first pickup truck. So one set of cops is hunting another cop who’s been shooting cops; the first set of cops flies off the handle and lights up the wrong pickup truck; the gunfire from their mistaken-identity overkill shooting frightens another set of cops, and so they flip out, then ram and light up the first pickup truck they see coming.↩

Some people, when confronted with a problem for keeping an all-encompassing gift economy running sustainably, think I know, we’ll call a meeting and start using a participatory planning process!

Now they have two problems.^[1]

1. ^[1]It’s an old joke.↩