Public Knowledge has a section devoted to patent reform. One item on their list that I wanted to comment upon that I quickly scanned or read the other day:

“Raising the standard from determination of obviousness from the person having “ordinary skill” in the art to a person having “recognized skill” in the art.

Who defines “recognized skill”? One thing I’ve learned over the years is that those who recognize “pat each other on the back” and either express disdain for, or quietly dismiss, those not in their “inner circle” however they define that phrase.

I once went to a Patent Attorney many years ago, with an ugly but functional device I’d built by hand out of PVC pipe, a dish-washing device, and he tried to convince me that no one in their right mind would buy that, that consumers want something pretty, then he spent the rest of our appointment time trying to convince me to become a petition “signature gatherer”, that’s where the money was he said, and then charged me about $250 for his time of less than 20 minutes! Another time, I went to an invention submission corporation with drawings for a specialized front bicycle wheel, that another guy appeared to study carefully. While this time there was no charge, he spent some time discussing this and some other drawings I showed him which he didn’t look at closely. While we talked, he found out I didn’t have any substantial money to spend, and then said that I should contact a bicycle company (corporation).

20-years later when doing an Internet search, I recall finding that a professor at a University had recently designed and built such a front bicycle wheel as that in my drawings.

The American revolution was fought to get rid of corporations from our lives. They didn’t precisely teach us that in compulsory education, though the educators danced around that precise point skillfully. They almost connected the dot for all of us.

It seems to me that with the explosion of the Internet, and the sharing of knowledge that now seems in the public domain, patent attorneys are probably chomping at the bit to privatize the commons of the Internet and specifically the ideas that have been freely shared.

Even Facebook was recently in the news regarding privatizing their members communal work, a policy they reportedly temporarily reversed, after a huge outcry from their members.

So the pressure to privatize others’ work is certainly there. Hopefully, Public Knowledge will change their position on at least that one item, or perhaps I simply don’t understand the strategy behind it. I did read it very quickly and probably missed important things, and it seemed like a good time for a rant.

Perhaps patents, and the protection of devices, shouldn’t be allowed at all. If there can’t be a level and equal playing field for everyone, including insuring everyone has the money that is required to be spent to acquire a patent and its implication for the masses of human beings who cannot possibly afford (hint hint) to play that game today, then why should there be any patents? Has the primary purpose behind “Limited Time”, espoused in the U.S. Constitution, now been crossed out by Orwell’s Pigs to mean something else: continually privatize the profits, and keep socializing the losses (some are more equal than others)?

According to Wikipedia, the first capacitor was invented in 1745. After its patent presumably expired, and with respect to a society that claims to want to advance knowledge and scientific understanding, shouldn’t our current compulsory schools be teaching this now common or public knowledge of what capacitors are, how they work, what they’re used for, and how to mathematically calculate what sizes are needed in particular applications? It is a ubiquitous device these days. Wouldn’t the same go for electric motors, again according to Wikipedia first invented in 1828 or thereabouts? Don’t some electric motors often accompany capacitors? When I went to public and private schools during the compulsory years, motor-winding class was never offered, even though that’s a skill I could have used many times! Instead, I’ve had to purchase (consumer) new motors when their windings did burn out, or do without.

So it seems the purpose of allowing a patent for a limited time so an inventor could profit from it, has now somehow transformed into a perpetual obscuring to the masses of knowledge gained over past years of scientific advancement, while simultaneously saying we must go to school.

Later in our adult lives our advertising supported media skillfully encourages all of us, regardless of our educational or income level, to buy, buy, and keep buying: so much so that in the last few decades we’re increasingly asked to pay for cable to watch advertising on TV, or buy the new converter box so we can keep watching the ads fed to us, or buy a magazine filled with ads.

What does any of this do for those of us who need money to eat? The last time I was in a grocery store, they still charged money for food. Recognition doesn’t bring money with it, I’m sorry to report. Just look at the homeless. They’ve been recognized at least since the 1980s. They’ve been on TV news. They’ve been studied by scientists. They have advocates working on their behalf. They’re celebrities who are eating out of trashcans because that’s all they can afford!

Think they’re planning on getting a patent anytime soon?

I’ll let you guess where this came from:

“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

When one realizes the U.S. constitutional authors didn’t intend “Authors” or “Inventors” to be corporations, the extensive undermining of our society and government created by the granting of corporate personhood, allegedly done not by a judge but instead a court clerk, becomes a lot clearer.

Are these deceptive games solely so a very few (corporations only and the wealthiest of the already wealthy who own most of the largest corporations) can profit and keep profiting until the end of Time itself? Is that how “limited Times” is currently being interpreted by some? If not, then where’s the progress to the masses within a society that continually keeps making all of us pay to keep socializing the losses of a few corporations? Is the sole purpose of the masses to be consumers and underpaid (hint hint) employees in an employment system most like the Feudal Era of Lords and serfs?

If you don’t have any money, you’re only worthy of eating out of a trashcan, or counseling that you need more education and a job so a few elitists at the top of the money pyramid can profit, and after getting that job you can barely pay your bills, never mind having enough disposable income from that job to have a professional file a patent on your behalf and defend it if need be?

Where’s the so-called “Progress”?

The hypocrisy of the Executive Branch and their legislative cohorts is stunning. They want secrecy and privacy for their actions, but are unwilling to grant privacy to others. They seem to want citizens to have the perception of privacy, without the reality of privacy. They seem to want corporations to collect extra customer cash from the value added by customer-perceived privacy, but they want corporations to give them free customer data. They seem to want the private sector to be somewhat more transparent, more like the public sector, but with funding by the so-called choice of consumers instead of by the mandate of taxpayer funding; while simultaneously seeming to want government to be less transparent, more like the private sector, more secretive, and to maintain the mandate of taxes to pay for it.

A curious pattern of common hypocrisy emerges: Beside the collection of money, corporations and government both seem to want loyalty from the worker, customer, taxpayer, and citizen; but both seem unwilling to be likewise loyal to the citizen. (more…)

On Monday, while testifying at a congressional hearing investigating the Executive Branch’s authorization of without-a-warrant wiretapping of U.S. citizens, Attorney General Alberto R. Gonzales said, “I gave in my opening statement, Senator, examples that President Washington, President Lincoln, President Wilson, President Roosevelt have all, uh, authorized electronic wiretapping.”

I watched this on CSPAN, live, as the statement was made, and was truly surprised there was no audible laughter emanating from the television’s speakers. Immediately after hearing the statement I burst out laughing, it was the best joke I’d heard all year.

What makes Gonzales’s statement so ridiculous is that the electric telegraph was patented in the U.S. in 1837, this was shortly after electromagnetism was discovered by scientists in the 1820s or thereabouts. Since George Washington was the first U.S. president, holding office from the years 1789-1797, it seems impossible that “electronic wiretapping” could have been performed during his presidency.

Many of us have heard or read of the story about Ben Franklin flying the kite in a lighting storm which lit up a key when the kite was struck by a bolt of lightning, and which, as the tale goes, marked the discovery of electricity. That reportedly happened in the mid 1700s sometime, according to Wikipedia, if in fact it is a true story. Static electricity was known of much earlier, but I digress.

If you haven’t seen or heard Gonzales’s statement, one video clip can be downloaded at Intoxination, via Crooks and Liars.

In a (mostly) unrelated bit of trivia, Western Union recently sent its last telegram, and this was said to have completed the company’s transition from communications to financial services. Here are some fair use snippets from the article, the emphasis on year dates was added by me:

“Effective January 27, 2006 … Western Union will discontinue all Telegram and Commercial Messaging services. We regret any inconvenience this may cause you, and we thank you for your loyal patronage.” … “The peak of Western Union’s telegram business was 1929, when the company and its army of uniformed messengers delivered 200 million telegrams worldwide — almost 550,000 a day.” … “Strictly speaking, the telegram — by definition, a message sent by telegraph — died a long time ago. In the mid-1960s, Western Union began sending its customers’ messages wirelessly using microwave radio beams instead of wires strung on poles.” “Western Union was first on many fronts: It built the first transcontinental telegraph line in 1861, it introduced the first stock ticker in 1866 and was one of the first 11 stocks tracked by the Dow Jones Average.”

I wrote above that this financial news item was mostly unrelated to this article’s main topic of warrentless wiretapping. However, the dates are curious:

• 1861 was the start of Lincoln’s Civil War, it was also in the mid-1800s that saw the beginning of Corporate Welfare.

“Charter revocation became less frequent, and government functions shifted from keeping a close watch on corporations to encouraging their growth. For example, between 1861 and 1871, railroads received nearly $100 million in financial aid, and 200 million acres of land.” (read more as PDF…)

• 1866 was during the American period known as Reconstruction.
• 1929 was the year President Hoover took office, the infamous stock market crash occurred which marked the end of the Roaring 20s, and about one month later, Hoover told Congress that (paraphrased) the economy was doing great and the American people had regained confidence in it.
• mid-1960s was a time of much technical innovation, one of which related to a precursor of today’s Internet, Darpanet if I remember correctly.
• 2006? What will the historians tell us in the future about now? We should know most of the possibilities by the end of the year. Perhaps the historically most significant event will be warrentless wiretapping, perhaps it will be something else more serious.

The connection in my mind between the two seemingly unrelated items is primarily due to the term Gonzales used in his testimony, “electronic wiretapping” and, paraphrasing, that the Executive Branch had done this broadly in various administrations. The news item about Western Union I’d noticed a few weeks ago relates to the telegraph, one of the first uses of ‘conductive wires’ for ‘electronic communication.’ Connecting the dots to a wider corporatist consipiracy seems tinfoilish, but is it all that hard to imagine when considering Abramoff, Cunningham, Enron, Worldcom, Arthur Anderson, et al? I guess corporate crime still pays.

EFF’s Class-Action Lawsuit Against AT&T for Collaboration with Illegal Domestic Spying Program

The investigation and turning of the wheels of justice down the road of wiretapping without-a-warrant or illegal domestic spying will require a firm grip on events to avoid slipping into hasty judgements that may be wrong turns if driven by a lack of meticulousness. If one views AG Gonzales’s statement, the one that seems so ridiculous on its face, as an admission to the public that our government has historically spied on its own citizens in spite of a 4th Amendment protection against unreasonable search and siezure, then it certainly explains why there was no laughter in the hearing room. In this case, Gonzales’s statement is definitely not ridiculous.

Twelve scholars wrote:

“Dear Members of Congress: We are scholars of constitutional law and former government officials. We write in our individual capacities as citizens concerned by the Bush Administration’s National Security Agency domestic spying program, as reported in the New York Times, and in particular to respond to the Justice Department’s December 22, 2005 letter to the majority and minority leaders of the House and Senate Intelligence Committees setting forth the administration’s defense of the program. Although the program’s secrecy prevents us from being privy to all of its details, the Justice Department’s defense of what it concedes was secret and warrantless electronic surveillance of persons within the United States fails to identify any plausible legal authority for such surveillance. Accordingly the program appears on its face to violate existing law.” (read more of the scholars’ legal reasoning…. Scroll to the bottom for their names, academic qualifications, and experience.)

It appears that the FISA law, passed by the Legislative Branch and signed by the President in 1978, was violated by the current Executive Branch.

Yesterday, the same day of the Michael Jackson acquittal, mentioned by Progressive Ink, another bit of supreme court news regarding the juror selection system was published by the LA Times.

I remember the last several times I was called for jury duty: I spent most of the time sitting and waiting, reading a book, filling out questionnaire forms, thinking . . . and more waiting. One of my thoughts was how we’re told by the courthouse that it’s our duty as citizens to sit on juries, and how constitutionally important the citizen jury is to the freedom we have.

Rarely have I been allowed to actually sit as a juror in a trial.

Once, while waiting in the courthouse, I imagined how the courts might have been back in the early days of this country, and further thought that a jury summons back then probably meant you’d get to sit on a trial. Today, that is not so. Potential jurors are examined, questioned, prodded, and probed, by private attorneys and the courthouse. After this, one might be asked to sit as a juror; but more than likely one is, in my experience, dismissed. In many ways, the current juror selection system reminds me more of a classroom examination and summary judgement against the potential juror in the preponderance of times I’ve experienced it, than the citizen’s executing of a solemn duty to a fellow citizen & the community by actually sitting as a juror to hear a trial.

What happens to all the information the courthouse and the private attorneys have collected on citizens called to sit on juries, but who rarely do get to sit on an actual case? Is the potential juror’s data safe and secure? Is it recognized as the property of the source citizen? Or has that data been usurped for another’s use and eventual profit? Has it been placed in a database somewhere? Has that data been aggregated?

While I don’t have the answers to the above questions, I do remember being examined by attorneys several times after being summoned by the courthouse to show up for jury service. The people sitting at the attorney’s table would scribble on their legal pads after I gave my answers to the questions asked by another attorney. What is done with that data they recorded? Had I refused to answer their questions, what courthouse-sanctioned punishment could I have expected?

The larger point I intend is that instead of sitting on a jury, which is a U.S. citizen’s duty, today one is forced to divulge personal and private information to a system that may not protect that data adequately. How does the requirement of citizens to be examined before sitting on a trial impact each citizen’s and potential juror’s privacy?

Has a citizen’s solemn duty to an accused citizen been transformed into another lie The Rulers tell citizens to collect and exploit their personal information?

Perhaps juror selection should be entirely random. At least that way, a citizen’s time is not taxed by the state in an off-the-books transaction.

Adam Shostack points out that ChoicePoint has framed an issue as something other than what it is. However, I focus on what may be a different aspect of the ChoicePoint reframing than that which Adam observes.

If the CEO of ChoicePoint, Derek Smith, espouses the theory that society is better off if “everyone can check the background of anyone else”, then he hasn’t achieved much else other than to enrich his own pocket at others’ expense. In the last reports I read, ChoicePoint was not opening up its database further, but rather, in response to the data-theft issues, restricting access to fewer organizations.

This action of ChoicePoint means his publicly stated vision is further from realization, not closer. Perhaps his vision of a freely transparent society is just another sales pitch he is using mostly to his own and ChoicePoint’s benefit.

Doesn’t Mr. Smith believe in the Fourth Amendment? Does he believe in capitalism? Does he believe in the property rights of others?

Perhaps Mr. Smith firstly believes in corporatism, then secondly believes only in capitalism when it’s his corporate property in need of rights. Perhaps that’s why he claims to believe regulation, not capitalism, is the fix for consumers whose data is sold as the property of ChoicePoint. This logic would be hilarious if it wasn’t so corporopathically twisted with respect to the Fourth Amendment rights of the people.

I wrote more of my thoughts about this in the comments of a prior posting about ChoicePoint. In summary, the information in ChoicePoint’s database should be recognized as ‘the property’ of each citizen it represents. When ChoicePoint sells data about anyone, that citizen should get a royalty. This would be equitable capitalism instead of corporatism.

The rationale that government regulation is the answer to the past and continuing corporate theft of citizens’ Fourth Amendment property and calling it ChoicePoint’s own, speaks loudly to the corporate welfare state that years of graft have brought us.

That the corporate seizure of people’s data is apparently legal, indicts corporatism as a defining element of the corporate welfare scam. Perhaps we need a new word to refer to some of the corporations and executives of the world: corporopathic. They unreasonably seize from all the people, pay themselves outrageous bounty; in response the corporate media has the audacity to claim that others have stolen from them!
That’s the essential framing of the issue now in creation for Choicepoint.