Carl Vilbrandt -- Re: [Patents] Patents: Experiments Exempt, Except at Universities

Date: 2003/03/22 09:03
From: Carl Vilbrandt <carl@ggpl.org>
To: Francois PELLEGRINI <pelegrin@labri.u-bordeaux.fr>


Dear Francois and all,
Sorry for the long e-mail and some poor or strange english..... Note at
the bottom of this e-mail is a chilling e-mail from the president of the
University of Aizu concerning patents.

> Just a small word to say that I follow
> (from fery far away) your debates, and
> that I am pleased to see you advancing.

Thank you for your words of encouragement. I hope we can advance a
economic model based on the supremacy of digital materials and
processes. I will post two or three parts of the Organis design that
deals with patents and if possible comments from you would be great. I
would offer that we should address the patent issues and in the plan
propose something to replace patents ...... and you would seem to be
the best for this. Thanks for the links they are great and helpful in
the work on Organis.

> Just a small reference below as a follow-up
> to DALI'2001 and the debate we had on the
> notion of "university", as in "universalism".
> The trend is going the wrong way, and it is
> hard to change the trajectory.

You are right about a "trend" and it would seem to be going away from
"universalism" and the below is a copy of an e-mail from the president
of the University of Aizu that will seem to show that I may not be able
to continue GGPL work here because of this trend, but on the same
hand the president of the University of Aizu wants free source
projects. So it is going in two direction at once.

I think that the "digital divide" is behind this trend. This may seem
at first bazaar, but reality is sometimes stranger that fiction. So
please comment and discuss the pro and cons of this issue with me. I
would like to include this in the back ground of the Organis design.

The passing of some laws like the Bayh-Dole act can not make such
sweeping changes. The Bayh-Dole act was in response to funding problems
and several other problems of the educational systems of the US and of
Japan. The large global corporations no longer pay any US tax as they
did in the past. The exponential growth the large corporations into
global corporations creating "global competition" under the WTO wiped
out the middle class of the US and the tax base for the educational
systems of the US. The strange part of this is one of the reasons for
the exponential growth of large corporations into global corporations is
the exponential growth of computers. You must remember large
corporations have had the use of main frame computers for many years
before the personal computer. The trend is possible the result of a
very classic digital divide.

The use of digital materials and processes at first was limited to a few
corporations with massive finical resources as created the trend to shut
off research any other smaller entities. The main reason for
corporations to patent is to be able to cross patent and gain access to
other technologies. Digital applications can be and are complex
requiring the use of many patents. A close finical game for a few to
stay on top. Other reasons for the trend is the use of digital
processes have shortened the product development time and the rapid
change of digital technologies makes most of the small educational
institutions based on paper out of the loop. Most of my colleagues with
a few exceptions are making suggestions to develop computer applications
and do research that has already have been done and in existence for as
long as five years ago. The exponential digital growth has made the
most educational institutions / professor obsolete. So how do you get
rid of dead wood ( paper ) professors who do not have a clue about
digital processes. How do attracted high level people and find the
funding and to continue R&D when it would seem you need to have patents
so you can force agreements to allow you to do R&D...... soooo the
trend toward patents is a result of the use of digital materials and
process by a few or the digital divide.

Now however due to the evolutionary accelerating returns of digital
technologies the digital "cat is out of the bag" so to speak and with a
better balance in the digital divide, large global digital social
structures of decentralize nature are emerging that are very efficient
and out of the control of the large global corporations. So a new trend
toward "free source" has been established that is counter to the
existing one above. It may be slower and it may take a long time, but
the accelerating returns indicates the trend may be be speeding up. It
depends on the use and level of use of digital devices. One of the
arguments for Organis and GGPL is that if we do not proceed with in an
open and ethical manor that address the major problems of digital, human
and environmental rights then large finical entities will use the danger
of possible misuse of very powerful digital process must be left to only
the large central organizations who you can trust. Reestablishing the
old digital divide. Hummmm Not! We must make an argument that
decentralized free global open liber organizations are a much more ( the
many eyes) secure, stable, efficient and reliable. As proven by the
Linux project

We hope to show with the proposed digital based Organis design,
represents the outcome of the exponential evolutionary growth and the
nature of digital materials and processes. As this exponential
evolutionary accelerating returns of digital technology continues it
will provide levels of digital simulation and fabrication capability
that will dissolve the economic rationale for patents, the associated
venture capital, investment in stocks and therefore the stock market its
self. This is no small outcome. We need to show that Organis design
and help ease the changes and the future shock.

In the mean time .... We keep getting our funding for the lab cut each
year. At the same time we are being asked / pushed to apply of
 programs that create patents. Dr. Wei on the other hand recived one
million a year for 3 to 5 years for patents in near term medical
applications. More on that later.

> ------------------------------------------------------------------------
>
> From:
> Endou Akiko <akiko-e@u-aizu.ac.jp>
> Date:
> Wed, 19 Mar 2003 13:32:14 +0900
>
> To:
> all-professor@u-aizu.ac.jp
> CC:
> cl-innov@u-aizu.ac.jp
>
>
>ADMINISTRATIVE MEMORANDUM
>
>TO: All Professors
>FROM: Tetsuhiko Ikegami, President of the University of Aizu
> (Administrative contact:Research Assistance Team,
> Planning Division Ext.: 2111, e-mail: kenji-b)
>DATE: March 19, 2003
>RE: Investigation of Records, Etc. Concerning Intellectual
>Property, Etc. (Inquiry)
>
>In the 21st century, called "the era for wisdom", universities will be
>required to play increasingly active roles as centers of wisdom.
>Universities will also be demanded to make further contributions to
>society through promotion of industry-academia-government cooperation,
>etc., but on the other hand, universities will be facing competitive
>environment for survival in the nationwide trend toward university
>reform, typified by making national universities into independent
>administrative institutions, starting from FY 2004.
>Furthermore, the national government has been directing effort toward
>making a "nation built on intellectual property", through
>establishment of the "Strategic Council on Intellectual Property" and
>the "Intellectual Property Policy Outline" in July, 2002. In order to
>realize a "nation built on intellectual property", it is necessary to
>yield original research results, and universities are expected to play
>a leading role in this capacity.
>The national government has also announced a policy to encourage
>shifts of ownership of intellectual property, such as patents, of
>universities, etc. from individuals to institutions, and has decided
>to promptly reinforce environment for creation of intellectual
>property, such as patents, so as to promote creation of intellectual
>property, such as patents, and reinforcement of management functions
>at universities, etc.
>Under these circumstances, based on the shift of ownership of
>intellectual property, such as patents, etc., to institutions, the
>Ministry of Education, Culture, Sports, Science and Technology shall
>implement the "Project for Preparation of the University Intellectual
>Property Headquarters" from FY 2003 to support preparation of the
>"University Intellectual Property Headquarters", which will
>strategically execute creation, acquisition, management, application
>of intellectual property at universities, etc.
>The University of Aizu is planning to apply for this project, in terms
>of preparation of a system for management and application of
>intellectual property for the University as a whole to further promote
>industry-academia-government cooperation. To apply, it is necessary
>to grasp the actual situation regarding applying for and acquisition
>of intellectual property, such as patents, by each faculty member.
>Please understand the purpose of the University's application for the
>project concerned. Your cooperation would be greatly appreciated.
>
>1. Items of inquiry: As described on the attached form.
>2. Submission deadline: Thursday, March 27, 2003
>3. For any questions, please contact:
> Mr. Bannai, Research Assistance Team, Collaboration and Assistance
> Group, Planning Division of the Administrative Office
>




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