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2024-08-26 17:11:28

enur72 on Nostr: Short note on intellectual property (IP) policy: Up until the 20th century, the U.S. ...


Short note on intellectual property (IP) policy:

Up until the 20th century, the U.S. government had lax enforcement of IP, particularly concerning foreign creators.

The legal framework allowed for the widespread piracy of foreign works, as the 1790 Copyright Act explicitly excluded protections for non-US authors.

This led to rampant appropriation of foreign designs and publications, with little consequence for infringers, as the government prioritized domestic interests over foreign IP rights.

Officials believed that strong IP protections would mainly benefit foreign creators, raising costs for domestic consumers and hindering local innovation.

The prevailing view was that the U.S. economy needed to develop its own capabilities through imitation before it could afford to protect foreign IP rights.

This perspective was influenced by a "frontier culture" that prioritized individualism and innovation over strict adherence to IP laws.

Calls for better protection from figures like Charles Dickens largely went unheeded, reflecting a broader culture of IP violation during this period.

The US changed its position dramatically in the 20th century, when itself became the strongest economic nation in the world.

While many developing nations, including India, Brazil, Argentina, and Mexico, resisted stringent IP standards, and argued IP favored developed countries at the expense developing countries, Uncle Sam, the former pirate protector, became the world's most aggressive enforcer of IP, pressuring developing countries with the use of trade sanctions.


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