Translation of the original text of Intellectual Values (in Russian).
I can not understand why nowhere comes the discussion of the following option: Replace the current model of intellectual property laws, made by analogy with the laws on property, by a different model, namely: reward from taxes the authors of the intellectual activity results, in accordance with their personal contribution. Evaluation of the contribution may be made similar to the popularity ratings. Do it for authors of patents and software as well as for the authors of songs and movies.
To my mind, this option is obviously worthy of discussion... But somehow I can not find anything of the kind. Neither from the current critics of copyright and/or patent rights. Nor on websites of movements for free access to information. Honestly, I was looking for it. Maybe I'm just somehow dense, of course.
Also, the reasoning in favor of the existing model surprises me. And what is put forward as the goals of the Legislation in hand.
For example, from a (Russian version of -transl.) Wikipedia: "through the provision of protection to create an incentive for the various manifestations of the creative effort of thinking." Why a means is named as a goal? Does this mean that an incentive for the same made through anything else is not suitable?
More to it: "man has a natural right to work and products that he produces". Ugh, the right for product might seem natural, when everything was done by artisans, or for own consumption. And with the emergence of industrial production, when the share (in any expression!) of products not a moment belonging to the workers who created it, is not just overwhelming but is quite hiding the share of all other parts of production put together, considering the right to products as a natural right is a strange way of thinking.
Next: "Everyone has the right to select a simple object and alter it as they wish." However, under current law, the result should be checked for violation of someone's rights to a previously registered similar result of altering, before using it. Otherwise, one can get punished. That is, the limitation of this right is presented as its support.
For some reason, very little attention is paid to the right to use the results. In my opinion, the existing traditional safety valves are not sufficient.
In general, it seems to me that the above-mentioned method of rewarding the authors from taxes according to their contribution solves many of the problems of the current system, and arising problems (mostly an objective determination of the contributions) are quite manageable to retain at a reasonable level...
Would be nice to write a long text about this matters, with details ... Will I have enough power? As a matter of fact, unlikely.
V.Chukharev
11.11.2014
I have found a few references to the works of serious lawyers - the opponents of the existing laws on intellectual property.
V.Chukharev
23.07.2015
Posting theses about intellectual values (originally in Russian -transl.).
V.Chukharev
19.03.2016
The longer paper has been published in August together with V.Sh. Kaufman, in English and Russian:
V. Chukharev, V.Sh. Kaufman. Intellectual Value Laws: a Sensible Alternative to Intellectual Property.
Academia.edu, August 2016. https://www.academia.edu/27616604/Intellectual_Value_Laws_a_Sensible_Alternative_to_Intellectual_Property.
Also available as https://www.researchgate.net/publication/305986499_Intellectual_Value_Laws_a_Sensible_Alternative_to_Intellectual_Property.
Same in Russian:
В.Ш. Кауфман, В.И. Чухарев. Законы об интеллектуальных ценностях: разумная
альтернатива интеллектуальной собственности.
Academia.edu, August 2016. https://www.academia.edu/27616604/Intellectual_Value_Laws_a_Sensible_Alternative_to_Intellectual_Property.
Также доступно на https://www.researchgate.net/publication/305986413_Intellectual_Value_Laws_a_Sensible_Alternative_in_Russian.
An interesting critical publication of the results of the simulation: https://www.academia.edu/24328791/Patents_and_The_Regress_of_Useful_Arts. It would be nice to model the effect of our proposals in a similar simulation.
V.Chukharev
20.09.2016
Add this English translation of the original Russian text Intellectual Values.
В.Чухарев
06.10.2016
Add an English translation of the Intellectual Values Theses and amend the links above herein.
В.Чухарев
21.12.2016
I got a desire to add a reference to a rather old article (1997) with the title 'Needed: A New System of Intellectual Property Rights', https://hbr.org/1997/09/needed-a-new-system-of-intellectual-property-rights. The article is full of prejudgments and misinterpretations typical for, and in fact, caused by uncritical acceptance of reasoning used to justify the existing law in this area. Criticism of these approaches and mistakes is quite good in the previously cited references. The article expresses the need for some changes to the law with vivid conviction.
I found a publication of 2001, where the authors, S.Shavell and T. Van Ypersele point out the following. 'We conclude in our model that intellectual property rights do not possess a fundamental social advantage over reward systems and that an optional reward system—under which innovators choose between rewards and intellectual property rights—is superior to intellectual property rights.' http://www.law.harvard.edu/faculty/shavell/pdf/44_J_Law_Econ_525.pdf
For me, equating intellectual values to other parts of the infrastructure (the main idea of our article) has as a main advantage a significant reduction in the time between the creation and the beginning of the use of a new intellectual value, be it an invention or something else, e.g. a melody. Somewhat less, but also important, is freeing the author from tasks not belonging to authorship, such as implementation, promotion, information protection. Even if the author is freed not completely, in some parts.
During the first year from publishing, the article has got 79 (engl.) and 48 (rus.) reads on ResearcGate, plus 10 and 9 reads on Academis.edu. I estimate from this that it has been looked through by about 50 readers. Not too bad, in principle.
В.Чухарев
26.08.2017