Adam Mossoff On Reforming The Patent System: First “Do No Harm”
From Center for the Protection of Intellectual Property:On June 13, 2017, CPIP Founder Adam Mossoff testified before the House Judiciary Committee’s Subcommittee on the Courts, Intellectual Property and the Internet. He and other witnesses testified about the impact of the Supreme Courts recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC on innovators and the possibility of future changes to patent law.In his opening statement, Professor Mossoff primarily described how patent owners—particularly individual inventors and small businesses—will now be required to file multiple lawsuits all across the country to enforce their rights. This will drastically increase the cost of protecting their property from infringers, which for many innovators will be cost prohibitive. Professor Mossoff mentioned one such inventor, Bunch-o-Balloons inventor Josh Malone, who is being seriously harmed by the inability to protect his invention from rampant infringement. Together with the litany of other recent disastrous changes to our patent system, innovators are now in a precarious position when deciding to rely on patents to protect their inventions.Professor Mossoff emphasized that Congress’ first priority should be “do no harm.” Rather than make another attempt to pass legislation further restricting patent owners’ rights, it would be better for Congress to simply do nothing. However, Congress could make the patent system better for innovators. One step already being discussed that would be a positive improvement is the suggestion to amend Section 101 to limit the scope of the judicial exceptions to subject matter eligibility. At the hearing, Professor Mossoff astutely noted that the first patent ever issued in the United States—being held up at that moment by Chairman Darrell Issa—would likely be invalidated under current patent eligibility standards.Many questions directed at the witnesses asked for them to propose specific solutions to either perceived venue abuses or broader patent law issues. Professor Mossoff stressed that systemic changes to the patent system will not just affect a few bad actors, but all of the individual inventors, small businesses, universities, licensing companies, and R&D-intensive high-tech and bio-pharma companies who rely on the patent system to protect their innovations. These types of companies have been the fountainhead of the U.S. innovation economy for more than 200 years. “Reform” that only addresses the concerns of accused infringers, but not the costs to patent owners, is doomed to do more harm than good.Professor Mossoff’s written testimony can be found here. Video of the hearing can be found here.
The Truth About Climate Change
By Andrew BernsteinClimate change is real and persistent. Even a brief study of the recent past illustrates this, but it becomes all the more certain when one broadens the scope to take in the vast sweep of geologic time. Is nature’s inherent dynamism responsible for the climate change of our era? Or are the cause(s) man-made? Many scientists, environmentalists, journalists, and such politicians as Al Gore claim the latter.They argue that:- The earth is warming.
- Human emission of such greenhouse gases as CO2 is the predominant (perhaps exclusive) cause.
- Such warming, in various forms, is pernicious to life on Earth, including human life; for example, increasing temperatures may melt the land-based polar ice caps, thereby causing rising sea levels that will flood low-lying coastal regions.
The Lady of Shalott
"The Lady of Shalott" is a Victorian poem by the English poet Alfred, Lord Tennyson (1809–1892). Part IOn either side the river lie Long fields of barley and of rye, That clothe the world and meet the sky; And through the field the road runs by To many-towered Camelot; And up and down the people go, Gazing where the lilies blow Round an island there below, The island of Shalott.Willows whiten, aspens quiver, Little breezes dusk and shiver Through the wave that runs for ever By the island in the river Flowing down to Camelot. Four grey walls, and four grey towers, Overlook a space of flowers, And the silent isle imbowers The Lady of Shalott.By the margin, willow-veiled, Slide the heavy barges trailed By slow horses; and unhailed The shallop flitteth silken-sailed Skimming down to Camelot: But who hath seen her wave her hand? Or at the casement seen her stand? Or is she known in all the land, The Lady of Shalott?Only reapers, reaping early In among the bearded barley, Hear a song that echoes cheerly From the river winding clearly, Down to towered Camelot: And by the moon the reaper weary, Piling sheaves in uplands airy, Listening, whispers "‘Tis the fairy Lady of Shalott.” Part IIThere she weaves by night and day A magic web with colours gay. She has heard a whisper say, A curse is on her if she stay To look down to Camelot. She knows not what the curse may be, And so she weaveth steadily, And little other care hath she, The Lady of Shalott.And moving through a mirror clear That hangs before her all the year, Shadows of the world appear. There she sees the highway near Winding down to Camelot: There the river eddy whirls, And there the surly village-churls, And the red cloaks of market girls, Pass onward from Shalott.Sometimes a troop of damsels glad, An abbot on an ambling pad, Sometimes a curly shepherd-lad, Or long-haired page in crimson clad, Goes by to towered Camelot; And sometimes through the mirror blue The knights come riding two and two: She hath no loyal knight and true, The Lady of Shalott.But in her web she still delights To weave the mirror’s magic sights, For often through the silent nights A funeral, with plumes and lights And music, went to Camelot: Or when the moon was overhead, Came two young lovers lately wed; “I am half sick of shadows," said The Lady of Shalott.Part IIIA bow-shot from her bower-eaves, He rode between the barley-sheaves, The sun came dazzling through the leaves, And flamed upon the brazen greaves Of bold Sir Lancelot. A red-cross knight for ever kneeled To a lady in his shield, That sparkled on the yellow field, Beside remote Shalott.The gemmy bridle glittered free, Like to some branch of stars we see Hung in the golden Galaxy. The bridle bells rang merrily As he rode down to Camelot: And from his blazoned baldric slung A mighty silver bugle hung, And as he rode his armour rung, Beside remote Shalott.All in the blue unclouded weather Thick-jewelled shone the saddle-leather, The helmet and the helmet-feather Burned like one burning flame together, As he rode down to Camelot. As often through the purple night, Below the starry clusters bright, Some bearded meteor, trailing light, Moves over still Shalott.His broad clear brow in sunlight glowed; On burnished hooves his war-horse trode; From underneath his helmet flowed His coal-black curls as on he rode, As he rode down to Camelot. From the bank and from the river He flashed into the crystal mirror, “Tirra lirra," by the river Sang Sir Lancelot.She left the web, she left the loom, She made three paces through the room, She saw the water-lily bloom, She saw the helmet and the plume, She looked down to Camelot. Out flew the web and floated wide; The mirror cracked from side to side; “The curse is come upon me," cried The Lady of Shalott.Part IVIn the stormy east-wind straining, The pale yellow woods were waning, The broad stream in his banks complaining, Heavily the low sky raining Over towered Camelot; Down she came and found a boat Beneath a willow left afloat, And round about the prow she wrote The Lady of Shalott.And down the river’s dim expanse, Like some bold seër in a trance Seeing all his own mischance-- With a glassy countenance Did she look to Camelot. And at the closing of the day She loosed the chain, and down she lay; The broad stream bore her far away, The Lady of Shalott.Lying, robed in snowy white That loosely flew to left and right-- The leaves upon her falling light-- Through the noises of the night She floated down to Camelot: And as the boat-head wound along The willowy hills and fields among, They heard her singing her last song, The Lady of Shalott.Heard a carol, mournful, holy, Chanted loudly, chanted lowly, Till her blood was frozen slowly, And her eyes were darkened wholly, Turned to towered Camelot. For ere she reached upon the tide The first house by the water-side, Singing in her song she died, The Lady of Shalott.Under tower and balcony, By garden-wall and gallery, A gleaming shape she floated by, Dead-pale between the houses high, Silent into Camelot. Out upon the wharfs they came, Knight and burgher, lord and dame, And round the prow they read her name, The Lady of Shalott.Who is this? and what is here? And in the lighted palace near Died the sound of royal cheer; And they crossed themselves for fear, All the knights at Camelot: But Lancelot mused a little space; He said, “She has a lovely face; God in his mercy lend her grace, The Lady of Shalott.”Trump’s Bombing of Syria: Self-Interest or Self-Sacrifice?
Writes Peter Schwartz, author of In Defense of Selfishness, on Trump's Bombing of Syria:Self-Interest or Self-Sacrifice?
Syria poses little danger to the United States. But there are demonstrable threats to us elsewhere, such as from North Korea and Iran. A genuine act of self-assertiveness would be to eliminate those threats, which for a long time we have not only tolerated but actively abetted.When a country’s foreign policy rests on no clear principles—when it’s an unpredictable and indecipherable hash of emotionalism, altruism and ad hoc machinations—when no firm guidelines exist to determine when we will or won’t use force—then “red lines” sprout up everywhere. And if America has an obligation to take action against “any and all who commit crimes against the innocents anywhere in the world,” then any failure to do so becomes evidence of weakness. If every evil committed by some vicious dictator is an assault against “America’s interests,” then inaction against such dictators shows a lack of will to uphold those “interests.”If, however, we had a principled foreign policy, our government would understand that politically Americans have only one fundamental interest: their freedom—and that our policymakers’ sole task is to protect that freedom. When facing a situation like the one in Syria, therefore, they would morally condemn Assad’s tyranny while remaining true to the principle that we use force only when the liberty of Americans is threatened. They would refuse to treat Americans as selfless servants to the needs of the world. And they would make sure to employ force decisively against those who actually threaten us.For a full explication of a proper foreign policy and of the meaning of a free country’s interests, see The Foreign Policy of Self-Interest: A Moral Ideal for America.
Note: The Foreign Policy of Self-Interest: A Moral Ideal for America is only $2 on Amazon Kindle.
Al Gore, Bill Nye, and Leonardo DeCaprio Fear The Moral Case For Fossil Fuels
What do Climate Fortune Tellers -- Al Gore, Bill Nye, and Leonardo DeCaprio -- fear more than "climate change" and "global warming"?Apparently debating Alex Epstein.Writes the author of the best-selling The Moral Case for Fossil Fuels:I just learned this morning that the CEO of the Leonardo DiCaprio Foundation, who was supposed to debate me next Tuesday at the 20,000 person Collision Conf, has withdrawn.
He gave no explanation to the organizers and certainly did not give me the courtesy of an apology--even though my team has been preparing for this event for weeks.
This is just the latest example of the bankruptcy of the opponents of fossil fuels.
Since the publication of The Moral Case for Fossil Fuels, not one person has written a remotely plausible fundamental critique of the book.
Why? Because it's not reputable?
Impossible.
The Moral Case has been reviewed favorably by dozens of publications (including the WSJ), it has a 4.7 rating across hundreds of reviews on Amazon (very unusual for a book this controversial), it was an NYT and WSJ bestseller, and one of the most respected political commentators of the last 25 years named me "most original thinker of the year" because of my reframing of the climate issue.
Almost no opponents challenge *The Moral Case* because they don't want to *confront a good argument*. Their interest is not the discovery of the policies that will advance human flourishing, it is the status/approval they get by being leaders of a mainstream crusade.
Since the publication of The Moral Case, whenever opponents have tried to refute me in live situations, whether through debates or hostile interviews, it has gone badly for them.
It's getting harder and harder for me to find anyone prominent to debate me. Al Gore won't take my $100,000 offer, Bill Nye The Science Guy is the Silent Guy when it comes to debating, and now Leonardo DiCaprio's man is evading debating.
I have no idea what happened in this latest case (because he didn't have the character to tell me) but it wouldn't surprise me if some YouTube browsing made him conclude that he would be better off attending to "urgent" business far away from the debate hall.
There is still an empty slot to debate me at Collision Conf next Tuesday--if we can fill it with a big name. (Otherwise I will do a full event on the moral case). If Al Gore, Leonardo DiCaprio, Bill Nye The Science Guy, or (the latest "scientific" fossil fuel attacker) Neil deGrasse Tyson is willing to step up, I will happily pay for their First-Class fare. Leo, since I know you prefer to fly private jet when it's time to go attack fossil fuels, I will pay $2000 of your (fossil) fuel.
You can reach me at alex@industrialprogress.net.
Related: Why We Should Celebrate Fossil Fuels on Earth Day (video) Book: The Moral Case for Fossil Fuels at AmazonMIT Professor Richard Lindzen On the Corruption of Climate Science
https://www.youtube.com/watch?v=RUBrV0VFcbYMIT Professor Emeritus of Meteorology Richard Lindzen talks about the inextricably intertwined link between the body politic and climate scientists with respect to promoting the climate alarmist narrative, arguing “I don’t think any field survives this degree of corruption without losing if nothing else its self-respect,” during an in-depth interview for The New Criterion by Ben Weingarten, commentator and Founder & CEO of ChangeUp Media.Matt Ridley on How Fossil Fuels are Greening the Planet
https://youtu.be/S-nsU_DaIZE“[H]alf of that greening comes from carbon dioxide itself. In other words, the fact that we're putting more carbon dioxide into the air means there's more fuel to grow plants and when a plant has more carbon dioxide in yet doesn't have to open its pores so much so it doesn't lose so much water in absorbing the carbon dioxide that it needs to grow and so there's tons of experiments now showing that plants grow faster if there's more carbon dioxide in the air; roughly speaking on average for a 200 parts per million increase in carbon dioxide in the air you get a 30% improvement in plant growth. That's experiments both in the field and in the laboratory. So it's really quite a remarkable phenomenon here because of the burning of fossil fuels we're making the planet greener. It's an astonishing discovery I think. I think it's rather amazing and of course it's an incredibly unwelcome discovery for the environmental movement. They don't want to hear this at all and how is it possible…” – Matt RidleyVictor Hugo’s Les Misérables: A Case Study On How Capitalism Funds The Arts
Nina Martyris over at the Paris Review recounts the delightful story of How ‘Les Misérables’ Was the Biggest Deal in Book History:
Signed in 1861 on a sunny Atlantic island, it tied an exiled French genius to an upstart Belgian house, resulting in the printing of that perennial masterwork, Les Misérables. In a new book, The Novel of the Century: The Extraordinary Adventure of ‘Les Misérables’, the professor and translator David Bellos condenses tranches of research into a gripping tale about Victor Hugo’s masterpiece. The deal, Bellos points out, was pathbreaking on several levels. First, Hugo earned an unprecedented sum: 300,000 francs (roughly $3.8 million in today’s money) for an eight-year license. “It was a tremendous amount of money, and since it entitled the publisher to own the work for only eight years, it remains the highest figure ever paid for a work of literature,” Bellos writes: “In terms of gold it would have weighed around ninety-seven kilos [213 pounds]. It was enough money to build a small railway or endow a chair at the Sorbonne.”Second, the neophyte Belgian publisher Albert Lacroix was the antithesis of a Penguin Random House. At the time, the twenty-eight-year-old Lacroix had cut his teeth at his uncle’s printing press, and he didn’t have so much as a sou to his name. Determined to sign Hugo on, he set up his own firm—Lacroix, Verboeckhoven & Co—and borrowed the entire amount for Hugo’s advance from the Oppenheim bank in Brussels, where he had contacts. Bellos marks it as “probably the first loan ever made by a bank to finance a book,” which means “Les Misérables stands at the vanguard of the use of venture capital to fund the arts.”Third, Lacroix signed on knowing full well that his client was a political outcast....
Read the full story: How ‘Les Misérables’ Was the Biggest Deal in Book History:Get The Book:The Novel of the Century: The Extraordinary Adventure of ‘Les Misérables’ by David Bellos
BOOKS: A Dearth of Eagles by Andrew Bernstein
The NEW ROMANTICIST has just published an excerpt from Andrew Bernstein's latest novel A Dearth of Eagles.According to the author:
A Dearth of Eagles is a fast-paced fictional work tells the story of Bulgarian freedom fighters during Communism’s final years, of their valiant attempts to smuggle dissidents to freedom in the West, and of their desperate battles with the Durjavna Sigurnost, the Bulgarian secret police who seek to kill them. It tells also of a parallel conflict, of one of the freedom fighters—a member of the tiny band, an émigré, a writer living in New York City—who engages in the story’s fiercest struggle, seeking to publish serious stories about these dauntless men in a Western literary culture that rejects heroism for anti-heroism.
Mossoff: Patents Are Property Rights
https://www.youtube.com/watch?v=8oz3L71vo_wFrom Patents Are Property Rights, Not A “Bizarre Regulatory Lobby” - Adam Mossoff:My brief remarks at CPAC were based on my decade-plus research on the natural rights justification for patents and other IP rights (see here, here, here, here, and here), and on how this theory was applied in the uniquely American approach to securing patents as property rights (see here, here, and here). To take but one example of this American approach, a Supreme Court Justice said in 1845 that “we protect intellectual property, the labors of the mind, . . . as much a man’s own, and as much the fruit of his honest industry, as the wheat he cultivates, or the flocks he rears.”On the basis of this classic moral justification for all property rights — that people should have the fruits of their productive labors secured to them as their property — early American legislators and judges secured stable and effective property rights to innovators and creators.This was part-and-parcel of American exceptionalism. The U.S. was the first country to protect true property rights in inventions and creative works. It was also the first country to recognize patents and copyrights in its Constitution, and to provide for their protection.As the Founding Father James Madison wrote in 1792, the right to property “embraces every thing to which a man may attach a value and have a right,” and “Government is instituted to protect property of every sort.” As Madison and most early American judges recognized, the natural right to property was never limited—as Mr. Holt claims—to only physical land and other tangible goods. Even John Locke recognized in 1695 that copyright is property (see here).
Geert Wilders: Enemy of Freedom of Speech In Principle
Fleming Rose, author of The Tyranny of Silence, makes the case for why Geert Wilders Is No Hero Of Free Speech:Wilders has called for banning the Quran. He wants to close mosques and ban the building of new ones, and he has proposed a change to the Dutch Constitution that would outlaw faith-based schools for Muslims but not for Christians and citizens committed to other religions and life philosophies.As a justification for his position on Islam, Wilders often quotes Abraham Lincoln’s words from a letter written in 1859: “Those who deny freedom to others deserve it not for themselves.” But one could turn Lincoln’s words against Wilders himself. By calling for a ban on the Quran and for the closing of mosques and faith-based schools for Muslims, he insists on denying freedom of speech and religion to Muslims.[...]Wilders’s support for the First Amendment was based on the fact that it would protect his own speech, but when he found out that the First Amendment would also provide a robust protection of the freedom of speech and religion for Muslims, he was reluctant to support it.In doing so, he failed the acid test for the support of free speech in a democracy. It was first formulated by the legendary Supreme Court Justice Oliver Wendell Holmes, who issued a famous dissenting opinion in 1929: “If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.” Freedom for the speech that we hate. That’s the acid test. This principle embodies the essence of tolerance. You do not ban, intimidate, threaten or use violence against speech that you deeply dislike or hate.
Salsman: Best and Worst U.S. Presidents Ranked
Best and Worst U.S. Presidents Ranked - The Daily Capitalist
It’s Presidents Day in America and below I offer a list of the five best and five worst among the 44 men who’ve served in the office since 1789. My standard is this: how closely did the president hew to the U.S. Constitution (as required by oath) and how much did he preserve individual rights, a free economy, and national security.I believe the five best U.S. presidents were Washington (1789-1797), Lincoln (1861-1865), Grant (1869-1877), Coolidge (1923-1929), and Reagan (1981-1989). Runner-up: Cleveland (1885-1889 and 1893-1897). In contrast, I contend that the five worst presidents were Madison (1809-1817), Wilson (1913-1921), FDR (1933-1945), LBJ (1963-1969), and Nixon (1969-1974). Runner-up: Hoover (1929-1933).Why these?
Video: The Government Can
https://www.youtube.com/watch?v=LO2eh6f5Go0Simpson: Speech is Not Violence; An Argument Is Not a Gun
Free speech guru Steve Simpson at the Ayn Rand Institute has an excellent piece on Why our campuses are boiling over in left-wing rage instead of discourse | The Hill:
To fight these ideas and the culture they’ve spawned on campus will require more than complaining about college “snowflakes” or political correctness. We need to defend the ideas on which free speech depends, most notably reason and individual rights.
The purpose of the right to free speech is to protect our right to think for ourselves and to communicate with others, which are two of the pillars of a modern, free society. True, people can and often do say absurd and horrible things. But it’s false to equate even hateful speech with use of force.
Force is qualitatively different from speech. No matter how harsh speech is, you are always free to ignore it and walk away. Not so with force. If you doubt this, ask Ayaan Hirsi Ali, Flemming Rose, or the many other individuals currently on jihadist hit lists whether they would prefer to live under the threat of death or the threat of hateful speech.
That’s not to say that speech can never be used in the commission of a crime. It is entirely proper to criminalize actual threats, incitement to violence, and the like. But that’s because what is being threatened is the use of force. If those who use offensive or hateful speech cross the line into actual threats or incitement, then it is proper to prosecute them. But short of that, they must be free to speak.
Ayn Rand once said that “a gun is not an argument.” The reverse is also true: an argument is not a gun. If we forget the difference, we will end up with guns settling our disputes, rather than arguments.
Simpson's article is excellent and the entire piece is worth a read as well as the collection of essays he has put together in his book Defending Free Speech.
Mossoff: FTC is Threatening Property Rights
Years of FTC reports and litigation have shaped patent law with and without Congress - Watchdog.org
“There has always been a tension between the antitrust laws and patent law,” Adam Mossoff, co-founder of the Center for the Protection of Intellectual Property and professor at Antonin Scalia Law School at George Mason University, told Watchdog.org. “[A]ntitrust authorities have historically been very skeptical [of innovative companies] and have tended to find so-called monopolization activities when in fact it’s just the evolution and development of a new market that never existed before.”Mossoff and others worry that the commission has undermined property rights, threatening companies’ incentives to invest and innovate and encouraging foreign countries to disregard IP protections, all the while basing its enforcement actions on theoretical injury to consumers, rather than demonstrated harm.[...]"Caught up in a 'moral panic' over IP, the FTC is trying to remedy uncertain consumer 'harms,' Mossoff said, while threatening innovative companies’ research-and-development-driving revenue streams. By calling the stability of intellectual property rights into question, the FTC could undermine the 'web of commercial transactions, thousands of commercial transactions' that go into every smartphone, ever car, and many more products. Those commercial webs depend, he said, on companies knowing whose IP is what, and what it’s worth."
8 Tactics Trump Used To Become President
From So Much Winning: How Trump Became President by Bradley C. Thompson:
There are many good reasons why Hillary Clinton lost the election, but the real story is what Trump did to win. His tactics, unprecedented in American political history, were radically unconventional in several ways.
1. The revolution was tweeted, not televised. Trump reached millions of Americans directly, on his schedule and without the mainstream media’s distortion filters. The turning point came in October 2015, when he realized he could speak directly to voters without intermediaries, reaching 25 million people on Twitter and Facebook for free. This technology allowed him to fill stadiums with 25,000 people in rural Alabama.
2. By being utterly unpredictable and outrageous, Trump “gaslit” the mainstream media. Sending out his first provocative tweet at 6:00 a.m. meant that the media would follow him for the rest of the day. He thereby received millions of dollars’ worth of free publicity from a media establishment that clearly wanted him to lose. Every day he fed and taunted the drooling beast, and then made it chase him.
3. Trump played offense 24/7. He took a line from President Obama’s playbook—“If they hit you, hit back twice as hard”—and then radicalized it. Consider his demolition of Jeb Bush, who knows how to play hardball but he was crushed by Trump. Then, during the general election, Trump out-Alinskyed an Alinsky protégé.
Read the rest of So Much Winning: How Trump Became President at Claremont.org.
Obamacare: Repeal and Replace Should be Two Separate Processes
We should debate all of these replacement ideas on the same day we pass Repeal, but we will have to separate the debate into at least two different bills because there is no consensus with leadership on replacement. While the vast majority of Republicans have come out in favor of the principals of our replacement bill, some in leadership have offered starkly different ideas.Republican leadership wants to keep several variations of ObamaCare:1. Leadership wants to keep ObamaCare-like subsidies to buy insurance but rename them refundable tax credits (families will be given up to $14,000 dollars of other people's money)2. Leadership wants to keep the ObamaCare Cadillac tax but rename it a tax on the top 10% of people who have the best insurance.3. Leadership wants to keep the individual mandate but instead of mandating a tax penalty to the government they mandate a penalty to the insurance company (can it possibly be Constitutional to mandate a penalty to a private insurance company?)4. Leadership wants to keep $100 billion of the insurance company subsidies from ObamaCare but call them "reinsurance". (Why? Because insurance companies love guaranteed issue as long as the taxpayer finances it!)Conservatives don't want new taxes, new entitlements and an “ObamaCare Lite” bill. If leadership insists on replacing ObamaCare with ObamaCare-lite, no repeal will pass.
Well said Senator Paul.