In the 1830s, a Frenchman named Louis Jacques Mandé Daguerre invented a revolutionary process for capturing a permanent photographic image. After the daguerreotype process was announced to the French Academy of Sciences, the French government soon thereafter purchased the patent rights to the process from Daguerre and his business partner, and granted these rights (and made a public disclosure of the process) to all as a gift "free to the world".
Because the process was public and the rights freely released, access to it created opportunities for individuals and businesses to take part in the commercialization and consumption of the daguerreotype, unfettered in any way. While other technologies existed, the low-cost daguerreotype became massively popular. As a result, we have invaluable historic photographic records we would not otherwise have thanks to France's worldwide gift. It is impossible to tell the full measure of benefit. Just consider the notion that our very outlook and understanding of history is enhanced by the insights this ubiquitous and free daguerreotype process provided.
Less than a century before France gave the daguerreotype to the world, a certain American was making a name for himself with his own inventions. Benjamin Franklin, the model to the world of American inventiveness, ingenuity, wit & wisdom, held the philosophy that, "as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously." (Benjamin Franklin. "Part three". The Autobiography of Benjamin Franklin.)
I propose that governments adopt unencumbered policies such that when government is in a position where it can wisely and legally do so, such government should have the streamlined mechanisms in place to acquire key patent rights and release them as gifts free to the world.
An example of a good candidate for patent acquisition and worldwide release seems to be General Motors, which entity holds a large catalog of patents. Inasmuch as it appears that our government's involvement with GM is merely a prolonged artificial life support operation; and whereas it appears that alternative (non-mainstream) auto companies are unable to even attempt to compete due to the overabundance of legislation in the industry (politicians, unions & lobbyists be thanked), in concert with the government's artificial and improper propping up of rightfully dying businesses; And whereas the auto industry is a collection of behemoth entities who have a stranglehold on innovation and damn the way of startups and potential competitors with their stifling oceans of patents; And whereas the free dissemination of processes and techniques currently locked up by a dismally failing auto industry, could provide immense opportunities at home and worldwide to innovators and entrepreneurs alike, as well as more and better options to consumers; It appears that there has never been a better time or opportunity than now to take the step to implement a policy of acquiring (in the process of the restructuring and aid the government is already planning to implement) and granting as a gift free to the world the General Motors patents. We can follow the philosophy of our own Benjamin Franklin, and the example of a once great France, and promote a healthy American market from the bottom up, rather than top down - with thriving industries and freer enterprise instead of the suffocating and entombing practices which shroud innovations and limit progress for the sake of a few lobbyist-laden government-wedded enterprises.
I am not suggesting eliminating patents - though extremely limiting their effective duration wouldn't be a bad idea, as its own seperate policy. I'm proposing a judicious and wise program to disseminate rights to processes and inventions that have had their due time in the vaults away from free utilization, and should now be freed to the world to do with them what it is unfettered ingenious and enterprising minds will do, and in the process we will all benefit thereby.
(As a precaution to corrupting the policy, classical rights must apply and should be a prominent attribute promoted with such policy. The owner of any candidate invention or patent must have absolute right to choice in the matter. He shall never be compelled to relinquish rights, if he so chooses, within the rightful duration of a granted patent.)
(Another note: a discussion related in the philosophy of free and open information is found here where the debate is based on the question, "should publicly funded research be free and available to the public? Two prominent Stanford scientists offer their views")
Respectfully,
Todd Hopkinson
