Category Archives: Reference

Filing cabinet for a digitized world.

A Capitalist’s Dilemma

We need more empowering innovations. Many great technology firms ruined by executives who only care about ROI. In order to revive empowering innovations, we need executives with visions.

by Clayton Christensen, November 3, 2012, New York Times

In many ways, the answer won’t depend on who wins on Tuesday. Anyone who says otherwise is overstating the power of the American president. But if the president doesn’t have the power to fix things, who does?

It’s not the Federal Reserve. The Fed has been injecting more and more capital into the economy because — at least in theory — capital fuels capitalism. And yet cash hoards in the billions are sitting unused on the pristine balance sheets of Fortune 500 corporations. Billions in capital is also sitting inert and uninvested at private equity funds.

Capitalists seem almost uninterested in capitalism, even as entrepreneurs eager to start companies find that they can’t get financing. Businesses and investors sound like the Ancient Mariner, who complained of “Water, water everywhere — nor any drop to drink.”

It’s a paradox, and at its nexus is what I’ll call the Doctrine of New Finance, which is taught with increasingly religious zeal by economists, and at times even by business professors like me who have failed to challenge it. This doctrine embraces measures of profitability that guide capitalists away from investments that can create real economic growth.

Executives and investors might finance three types of innovations with their capital. I’ll call the first type “empowering” innovations. These transform complicated and costly products available to a few into simpler, cheaper products available to the many.

The Ford Model T was an empowering innovation, as was the Sony transistor radio. So were the personal computers of I.B.M. and Compaq and online trading at Schwab. A more recent example is cloud computing. It transformed information technology that was previously accessible only to big companies into something that even small companies could afford.

Empowering innovations create jobs, because they require more and more people who can build, distribute, sell and service these products. Empowering investments also use capital — to expand capacity and to finance receivables and inventory.

The second type are “sustaining” innovations. These replace old products with new models. For example, the Toyota Prius hybrid is a marvelous product. But it’s not as if every time Toyota sells a Prius, the same customer also buys a Camry. There is a zero-sum aspect to sustaining innovations: They replace yesterday’s products with today’s products and create few jobs. They keep our economy vibrant — and, in dollars, they account for the most innovation. But they have a neutral effect on economic activity and on capital.

The third type are “efficiency” innovations. These reduce the cost of making and distributing existing products and services. Examples are minimills in steel and Geico in online insurance underwriting. Taken together in an industry, such innovations almost always reduce the net number of jobs, because they streamline processes. But they also preserve many of the remaining jobs — because without them entire companies and industries would disappear in competition against companies abroad that have innovated more efficiently.

Efficiency innovations also emancipate capital. Without them, much of an economy’s capital is held captive on balance sheets, with no way to redeploy it as fuel for new, empowering innovations. For example, Toyota’s just-in-time production system is an efficiency innovation, letting manufacturers operate with much less capital invested in inventory.

INDUSTRIES typically transition through these three types of innovations. By illustration, the early mainframe computers were so expensive and complicated that only big companies could own and use them. But personal computers were simple and affordable, empowering many more people.

Companies like I.B.M. and Hewlett-Packard had to hire hundreds of thousands of people to make and sell PC’s. These companies then designed and made better computers — sustaining innovations — that inspired us to keep buying newer and better products. Finally, companies like Dell made the industry much more efficient. This reduced net employment within the industry, but freed capital that had been used in the supply chain.

Ideally, the three innovations operate in a recurring circle. Empowering innovations are essential for growth because they create new consumption. As long as empowering innovations create more jobs than efficiency innovations eliminate, and as long as the capital that efficiency innovations liberate is invested back into empowering innovations, we keep recessions at bay. The dials on these three innovations are sensitive. But when they are set correctly, the economy is a magnificent machine.

For significant periods in the last 150 years, America’s economy has operated this way. In the seven recoveries from recession between 1948 and 1981, according to the McKinsey Global Institute, the economy returned to its prerecession employment peak in about six months, like clockwork — as if a spray of economic WD-40 had reset the balance on the three types of innovation, prompting a recovery.

In the last three recoveries, however, America’s economic engine has emitted sounds we’d never heard before. The 1990 recovery took 15 months, not the typical six, to reach the prerecession peaks of economic performance. After the 2001 recession, it took 39 months to get out of the valley. And now our machine has been grinding for 60 months, trying to hit its prerecession levels — and it’s not clear whether, when or how we’re going to get there. The economic machine is out of balance and losing its horsepower. But why?

The answer is that efficiency innovations are liberating capital, and in the United States this capital is being reinvested into still more efficiency innovations. In contrast, America is generating many fewer empowering innovations than in the past. We need to reset the balance between empowering and efficiency innovations.

The Doctrine of New Finance helped create this situation. The Republican intellectual George F. Gilder taught us that we should husband resources that are scarce and costly, but can waste resources that are abundant and cheap. When the doctrine emerged in stages between the 1930s and the ‘50s, capital was relatively scarce in our economy. So we taught our students how to magnify every dollar put into a company, to get the most revenue and profit per dollar of capital deployed. To measure the efficiency of doing this, we redefined profit not as dollars, yen or renminbi, but as ratios like RONA (return on net assets), ROCE (return on capital employed) and I.R.R. (internal rate of return).

Before these new measures, executives and investors used crude concepts like “tons of cash” to describe profitability. The new measures are fractions and give executives more options: They can innovate to add to the numerator of the RONA ratio, but they can also drive down the denominator by driving assets off the balance sheet — through outsourcing. Both routes drive up RONA and ROCE.

Similarly, I.R.R. gives investors more options. It goes up when the time horizon is short. So instead of investing in empowering innovations that pay off in five to eight years, investors can find higher internal rates of return by investing exclusively in quick wins in sustaining and efficiency innovations.

In a way, this mirrors the microeconomic paradox explored in my book “The Innovator’s Dilemma,” which shows how successful companies can fail by making the “right” decisions in the wrong situations. America today is in a macroeconomic paradox that we might call the capitalist’s dilemma. Executives, investors and analysts are doing what is right, from their perspective and according to what they’ve been taught. Those doctrines were appropriate to the circumstances when first articulated — when capital was scarce.

But we’ve never taught our apprentices that when capital is abundant and certain new skills are scarce, the same rules are the wrong rules. Continuing to measure the efficiency of capital prevents investment in empowering innovations that would create the new growth we need because it would drive down their RONA, ROCE and I.R.R.

It’s as if our leaders in Washington, all highly credentialed, are standing on a beach holding their fire hoses full open, pouring more capital into an ocean of capital. We are trying to solve the wrong problem.

Our approach to higher education is exacerbating our problems. Efficiency innovations often add workers with yesterday’s skills to the ranks of the unemployed. Empowering innovations, in turn, often change the nature of jobs — creating jobs that can’t be filled.

Today, the educational skills necessary to start companies that focus on empowering innovations are scarce. Yet our leaders are wasting education by shoveling out billions in Pell Grants and subsidized loans to students who graduate with skills and majors that employers cannot use.

Is there a solution? It’s complicated, but I offer three ideas to seed a productive discussion:

CHANGE THE METRICS
We can use capital with abandon now, because it’s abundant and cheap. But we can no longer waste education, subsidizing it in fields that offer few jobs. Optimizing return on capital will generate less growth than optimizing return on education.

CHANGE CAPITAL-GAINS TAX RATES
Today, tax rates on personal income are progressive — they climb as we make more money. In contrast, there are only two tax rates on investment income. Income from investments that we hold for less than a year is taxed like personal income. But if we hold an investment for one day longer than 365, it is generally taxed at no more than 15 percent.

We should instead make capital gains regressive over time, based upon how long the capital is invested in a company. Taxes on short-term investments should continue to be taxed at personal income rates. But the rate should be reduced the longer the investment is held — so that, for example, tax rates on investments held for five years might be zero — and rates on investments held for eight years might be negative.

Federal tax receipts from capital gains comprise only a tiny percentage of all United States tax revenue. So the near-term impact on the budget will be minimal. But over the longer term, this policy change should have a positive impact on the federal deficit, from taxes paid by companies and their employees that make empowering innovations.

CHANGE THE POLITICS
The major political parties are both wrong when it comes to taxing and distributing to the middle class the capital of the wealthiest 1 percent. It’s true that some of the richest Americans have been making money with money — investing in efficiency innovations rather than investing to create jobs. They are doing what their professors taught them to do, but times have changed.

If the I.R.S. taxes their wealth away and distributes it to everyone else, it still won’t help the economy. Without empowering products and services in our economy, most of this redistribution will be spent buying sustaining innovations — replacing consumption with consumption. We must give the wealthiest an incentive to invest for the long term. This can create growth.

Granted, mine is a simple model, and we face complicated problems. But I hope it helps us and our leaders understand that policies that were once right are now wrong, and that counterintuitive measures might actually work to turn our economy around.

Clayton M. Christensen is a business professor at Harvard and a co-author of “How Will You Measure Your Life?”

A Nerd’s Perspective on Software Patents

Software patent cost more harm than good to the society allowing companies patent obvious common things. We should have a patent system that penalize those “fake” patent by imposing a heavity fine if a patent is later shown to be invalid. Part of the fine should award to the person present evidence to over turn the “fake” patent. It lessen the burden of the patent office by outsourcing the validation of patent to the crowd and it will keep those who file patents honest.

by John Larson

As a programmer doing reasonably smart stuff on the web, I’m made a bit uneasy by software patents, namely because the possibility exists that I be sued for infringing upon them.

It’s not that I do anything nasty like meticulously reverse engineering the complex works of another for my own benefit, it’s that I build websites and web applications at all. I haven’t done the boatloads of research to know precisely how much I’m infringing, but, for example, most projects I do contain some sort of menu, and this technically violates Microsoft’s patent on ‘system and method for providing and displaying a Web page having an embedded menu’, which they have already demonstrated willingness to sue another company for. I do stuff that’s WAY more complicated than a bunch of navigation links of at the top of the screen, so I can only imagine how many other toes I’m stepping on when building systems that feature both ubiquitous and niche features.

So this characterizes the implication of patent law upon me personally. Now then, if you scale that up to a community of hundreds of thousands of programmers similarly impacted, and throw in the rising prominence of large companies suing one another over intellectual property[1], you will then have a sense of what the fuss over software patents covers. These are broad strokes, but they convey the gist.

Accordingly, protest has risen and lengthy debates have raged on about how to fix the “software patent problem”. Some of it goes on and on about legal precedent, objective tests for what’s patentable, the so-called “transformation test”, and other things that apt to make the eyes of a more casual reader glaze over (mine included).

What I want to explore is if it makes sense and is defensible to take a completely different tack: the pragmatic view of the average, motivated nerd.

Let us eschew, for a while, all the legal mumbo jumbo of definitions, specificity, precedent and so forth as they are usually applied to the debate of “is X patentable?”, and see if we can’t go closer to the root concepts in an effort to sidestep the whole tangled mess. I want to look through the lens of the reasons and motivations of why have a patent system at all.
The Essence of the Patent System

I’m not saying anything new or profound here, just summarizing to set the stage. The patent system is a societal construct: we all, as a society, agree to abide by certain constraints (namely not infringe upon anothers patented ideas for a fixed period of time), we willingly do this in order to reap benefits as a society, and there are consequences for an individual who breaks this agreement. (The whole thing is not unlike how we all, as a society, agree not to kill one another: we all more or less enjoy the overall benefit and are willing to give up that particular freedom, and there are consequences for an individual who breaks that agreement).

There are two really great benefits we reap as a society for having and honoring the patent system.

The first is that it encourages people to come up with new great things. The protection offered by patents effectively says “Hey, nice job coming up with that great new thing! Listen, we know you put a lot of hard work and investment into doing so, and for being the one who did all that we’ll give you a window of time in which you can be the only one who gets to reap the reward of that effort, without having some copy cat come along and bootstrap off of your blood and sweat.” An innovator, knowing that benefit lies on the other side is encouraged to invest time/effort/money up front. The rest of society gets to enjoy the fruits of that work, and for it pays the price of allowing a temporary monopoly.

The second benefit is that it encourages disclosure of really smart work. In this sense, the patent system effectively says “Wow, that’s something really smart that you did! Listen, we’re thinking long term for the expansion of the fabric of human knowledge, and so we’d love to know how you did that rather than see you take those secrets to the grave, or have your heirs forever keep it under lock and key. If you teach us how that works, we’ll get to expand as a civilization and in return we’ll make sure you have a window of time in which to benefit from your novel creation. Thanks for bettering the rest of us for the long haul.” Again, a nice benefit to society: it speeds up the proliferation of ingenuity and all the fruits that come with it, gained at the cost of allowing a temporary monopoly.
Evaluating Patents as a Cost/Benefit Proposition

From a clear understanding of the trade-off made when a patent is given, one can view it as a transaction willingly entered into by two parties. A patent application can be viewed as a business proposal that a society might freely choose to enter into (or politely decline) according to its interests and values, much like any business deal between two free-willed entities.

I propose that the debate no longer center around IF a given idea is patentable, but instead whether or not we WANT to grant a patent for a given idea: in other words, transform the debate to a value judgment as to whether we as a society care to pay the price of issuing a patent for the expected benefit, or would rather pass on the opportunity altogether. When it comes to software, I believe the best choice, as a culture, is to say “thanks but no thanks” to the opportunity of issuing patents, and it takes a look into the nature of software and the nerd culture that surrounds it to see clearly why.
Nerd Culture and Innovation

I love creating cool and interesting stuff with technology, and there are 100,000 others like me. There is no shortage of things out there in software that could be (or are) patented that a smart nerd with a little bit of gumption could look at and recreate without trouble. And by “look at” I mean simply get the view as an end user, not trolling through source code or employing sophisticated tools of reverse engineering.

Consider, for example, Amazon’s patent on one click ordering. When a customer is logged in, and has items in their cart, with one click they can place a completed order for those items. Kinda nifty, but anyone who’s done e-commerce programming can immediately work out how to implement such a feature using a customer’s information on file. I say society got a raw deal for issuing this patent: Amazon shared nothing of value with the rest of the world, and effectively earned the right squat on a generally useful idea because they ponied up some cash for lawyers and got some paperwork in first.

I would categorize ideas like that as “inevitable disclosure”: an idea that, by its very existence in user-facing software, reveals everything needed to reproduce it. The benefit of having information about how a such an idea was implemented in software disclosed is moot: one look and (or even sometimes hearing of the idea) is all a smart nerd needs to work out the rest. Apple’s patented “slide to unlock” widget is another example of an inevitable disclosure idea. So are rollover images:

We smart nerds are always thinking of and building new stuff to razzle-dazzle, be it for the pure fun of it, personal pride and reputation, or a great portfolio piece by which to impress the next prospective client for a contracting gig. And nerd culture, with its drive to innovate and share runs much deeper than small projects. Volunteer, collaborative open source projects have created top notch, large scale innovation in all realms of software, such as full-fledged operating systems, open web standards, content management platforms, e-commerce packages, audio and video compression schemes, office productivity suites, and more.

I point this all out to demonstrate a simple observation: innovation [in software] isn’t going to dry up if the incentive of patent protections were to disappear tomorrow. More than most (all?) industries, software grants much more space for hobbyists and enthusiasts to get involved. The overhead to major achievement is much smaller. We are numerous, we are smart, and we are hungry to create brilliant things for both personal and altruistic reasons.
Secrets in Software

The world of software won’t turn into the wild west of pillaging and stealing ideas in the absence of software patents, because things that are genuinely hard to do and which represent painstaking work and novel innovation can be kept a secret[2].

Come to think of it, the desire to file a patent to protect a software innovation may be a sign of admittance on the part of the applicant that the idea itself will be easy to replicate by a community of smart people (or even maybe your average nerd), which is a sure good reason to be disinterested in issuing a patent at all. “Thanks but no thanks”, I would rather we collectively say as a society: “keep it to yourself because the larger world will figure out how to execute and enjoy this idea sooner or later, and get there sooner without paying the price.”

Notes:

[1] Which breaks my heart, because as a casual observer it appears as though legal strong-arming is becoming a passable substitute for actual marketplace competitiveness.

[2] Google’s proprietary index and ranking algorithms that power their web search are presumably breathtakingly brilliant. They constitute a large portion of the secret sauce which gives Google its competitive edge, and they reap the rewards of that not because they came first and get to squat on medium-obvious ideas, but because they do it better than your average smart person can figure out on their own. Contrast this against Apple’s slider thingee.
John Larson

盜版盜版,誰盜誰的版? 劉宇凡

This article summarize the history of intellectual properties and its problem. I agree to limit the use of patent as offensive legal weapon to stop competitors and return the copyright period back to 14 years.

最近香港某大學進行有關消費者購買盜版光碟的調查,顯示在購盜版貨者中有四成具大專學歷。負責調查的那位教授驚呼這種「只講價錢不講道德」的風氣要不得。

街頭訪問顯示有些消費者是買得理直氣壯的。他們質疑:「人人知道光碟製造成本很低,但他們卻賣得那麼貴,有什麼理由一定要買正版?」但也有人始終感到買盜版的確是道德上不好。「畢竟那是人家的知識產權啊!」

不過,不管你們消費者怎樣看,政府都正在大力掃蕩翻版,而且不斷盤算怎樣連購買翻版也列為刑事罪行。因為啊,政府要主持正義,捍衛「知識產權」啊。

從公變私的互聯網

微軟近年一直受到被指壟斷的官司的困擾,但這並不妨礙蓋茨(Bill Gates)在全球各地追查及控告涉嫌盜版者或使用盜版者,包括中國。

但是,如果我們了解一下關於互聯網、電腦、微軟以至知識產權本身的歷史,便不難知道,把現在的所謂「知識產權」當作是天經地義的東西,是多麼受騙。

大家知道,如果沒有互聯網,知訊科技就不會發生那麼大的革命,微軟的電腦王國即使有,也不會像今天的規模。但是,互聯網的開發本身,是自由市場下私人企業所煥發的創新精神的產物嗎?不是的。就像核能、雷達、微型電子器材等等一樣,互聯網是戰爭或軍事競賽下,由政府以公帑開發的。當蘇聯在1957年發射第一顆人造衛星時,美國立刻意識到有在軍事競賽中落後之虞,於是加緊科研,包括研究怎樣對通訊科技進行革新。互聯網的原意是為了使核戰時也能確保全國通訊。在舊有的通訊設備下,一旦首都及幾個最重要城市受襲,全國通訊便可能癱瘓。美國軍方在1969年成功地建立了一個電腦網絡,讓各部門科學家相互之間傳遞最新消息。即使其中一個被毀,其餘的網絡仍可維持。到了1983年,這個網絡已聯繫了562個電腦系統。網絡雖由政府付錢開發,但其實際經營是外判給一間私營公司。名字叫高級網絡及服務公司(ANS – Advanced Network & Services)。所以那時網絡叫做ANS net。這種公私合營的方式在美國及其他國家都很普遍。這間公司是由包括IBM在內的大公司所創建。到了1995年,經過幾輪轉手之後,ANS的網絡更正式落入私人手中,變成現在的internet。這種由公帑付帳,又讓私人企業分享開發成果的公私合作,使私人企業往往無償得到昂貴而又尖端的技術。核能技術也是這樣變成杜邦(Dupont),孟山都(Monsanto),威斯丁豪士(Westing house electric),通用電器(General electric)等超級企業的「知識產權」。

互聯網在變成私人財產之後,同時也變得日益商業化。是的,它由於競爭加劇而費用日廉,甚至有些服務變成免費,但你所獲得的資訊,首先是廣告。有人在網上查詢非洲一條河流的資料,但搜尋器傳回的只是旅行社的廣告。其次,當競爭過後,市場只剩下少數企業時,他們就大可合謀把價格抬高。

IBM的崛起

電腦技術本身若無政府帶頭,也是不可能成功的。第二次大戰加劇了軍事科技的競爭。英國政府為了破譯德國的密碼,製造了一部最早期的電腦原型叫Colossus,戰後並演變為第一部電腦。另一方面,美國政府為了製造核彈,也在1945年研製電腦,並在韓戰爆發後把大量製造電腦的合約批給當初不大願意自行製造電腦的IBM。電腦技術,無論是最初的開發還是在此後廿年的不斷更新,都是使用大量公帑及吸收了政府部門所發展的技術。為了確保美國在軍備競賽中勝出,美國政府有時更直接投資到IBM。

IBM一直在電腦業獨霸天下,直到蘋果及微軟的崛起。這是因為IBM一直想不到個人電腦會有像今天的廣大發展。這個機會被微軟及蘋果把握住了。

蓋茨無疑是天才。但無寧說,這種天才較多是商業方面,而較少在發明創造方面。個人電腦的發展同MS-DOS的開發有莫大關係。這個軟件連接了螢幕與鍵盤。但MS-DOS既非由微軟亦非由IBM開發,而是由數碼研究的Gary Kildall開發。但Gary欠缺「商業」眼光,認為個人電腦不易為,竟然把這個重要軟件賣給微軟。這樣,其他公司例如IBM,若要使用MS-DOS,都要付費給微軟。隨著個人電腦的銷售上升,微軟從此發大財。

蓋茨的成功有賴第二件重要軟件,即視窗。視窗使用方便是它的一大優點。但是,不論是滑鼠還是icon,以至白底黑字的畫面(早期電腦屏幕的畫面往往是黑底白字),都不是微軟發明,更不是蓋茨本人發明,而是自七十年代以來早就有人發明了。自從電腦技術在七十年代開始盛行起,蘭克施樂便擔心有一天電腦技術使辦公室棄紙不用,因為一切都可在電腦儲存、複製、傳播。如此一來,蘭克斯諾的影印王國就大受影響。於是它在1973年成立了研究公司來自己開發電腦以實現轉型。這家公司開發了名為Alto的技術,包括白底黑字的屏幕、Icon、滑鼠等等。但是開發之後蘭克施樂想不出這些東西有何商業用途,竟然連申請專利也不去做,然後就置之不理。直到1979年,蘭克施樂購入蘋果100萬美金股份。合作協議包括讓蘋果老闆Steve Jobs參觀那間研究公司。後者驚訝蘭克施樂竟然沒有使用Alto。事後蘋果決定仿製Alto,命名為墨金塔(Macintosh)。其後蘋果請微軟為其製造軟件。不久,微軟根據Alto及墨金塔的設計製造出視窗。蓋茨的視窗同墨金塔是那麼相似,以至蘋果要在1988年控訴微軟侵犯版權。1992年法庭判蘋果敗訴。不過,早在1983年,蓋茨便對Steve Jobs說:「咱們的關係就像這樣:咱們剛好有一個富有鄰居,叫作蘭克施樂,你爬進鄰居打算偷去電視機,但一到步才發現我早在那兒。而你說:『喂,那不公道!要偷電視機的是我!』」

微軟的崛起不是因為蓋茨本人有什麼重大發明,而是因為他的買賣做得出色,再加上一連串的運氣。到了今天,這位曾被人家控告侵犯版權的超級富豪,卻在全球各處去控訴人家侵犯微軟的版權了。

賊喊捉賊

那些整天去控告別人侵犯其知識產權的資本家,本身往往才是最大的侵權者。事實上,資本主義大企業的冒起本身就是靠盜竊工人的知識產權,再加上許多其他因素,才發展起來的。由泰來所「發明」的科學管理就是最明顯例證。在十九世紀末,雖然工人自主勞動的小生產已經為大工廠所取代,但是,即使在工廠,工人對勞動過程仍有相當程度的自主權。即使當時已大量採用各種機器,生產過程中仍有無數變數,需要技術或半技術工人臨場決定怎樣做,而這些知識是從長期勞動中積累下來的、為工人擁有而老闆不懂的。就算是非技術工作,一個勞動日的最高勞動定額,也只有前線工人最清楚。所謂科學管理,就是打破工人對勞動過程的最後一點支配權,使工人純粹變為機器的一部份。辦法就是:奪取工人的知識產權。泰來本人說得很清楚:

在傳統的管理部門中,「工人們都擁有大量的傳統知識,其中大部份是經理部門所沒有的。……最有經驗的經理們乾脆把如何最出色而又最經濟地來做工作的問題交由工人決定。」但是,依靠工人的「知識,技術與好意」是危險的,這樣簡直等同把工廠變成「實際上是由工人而不是老闆和領班來管理」。科學管理就是申明,「管理人員所負的責任就是……搜集工人過去所有的一切傳統知識,然後把這些知識加以分類、列表並使它們變成規劃、法則和公式。」然後是「一切可能有的腦力工作都應該從車間裡轉移出去,集中在計劃或設計部門」,接著是把原有勞動過程再分解為更簡單、更沉悶的工作,使工人不必再多用腦,使他們能夠一刻不停勞動,從而達到產量最大化。這是一種最赤裸的盜竊,可是這卻管叫「科學管理」。

這過程並沒有隨著泰來主義、福特主義之有些過時(但從未像許多學者所說的已然消失)而停止。近年流行的什麼小組生產,精瘦生產,勞動彈性化等等「新管理方式」實際上仍是不斷迫使工人無償獻出生產知識,讓資本家可以憑此而加強工人勞動強度。

對於腦力勞動的僱員,這種盜竊同樣普遍。許多跨國公司屬下的傳媒及研究機構都明文規定,僱員在公司的一切研究與創作的知識產權都屬公司所有。近年更有傳媒老闆連自由作家、記者、攝影師的作品版權也不放過,迫使他們放棄版權。英國記者協會一直反對,但勝負難測。

有謂知識產權法是用來鼓勵發明創造。如果大家知道,今天享有專利的人,往往不是發明者本人而是跨國公司,他就未必會那麼尊重其專利了。在1973年英國有人就專利作研究,結論是專利制度並無促進發明。許多發明都會照樣產生,不論是否有專利。

科技革命與知識產權

知識產權及專利法並不是什麼天經地義的東西。它們是人為產物。在資本主義誕生前並無所謂專利法。在這之後,各國對專利法的看法也不相同。法國1791年專利法把發明者的壟斷權視為「天然權利」。但奧地利的1794年法例卻排斥「天然權利」說,相反只視專利為公民有權得到發明知識的例外。英國十七世紀的法例至少也注意到,保護知識產權的需要與公眾獲得知識的需要必須加以平衡,不讓發明者長期壟斷知識,而把專利期定為14年。之所以是14年,是按照師傅完成訓練兩個學徒的時間來定的。過了期限,有關知識就變成公共財產。但是,資本主義越是發展,資本家日益成為技術發明的最大收購者或是對其僱員的腦力勞動的剝削者(而不一定是發明者),從那時開始,他們便不斷迫使政府修例來縮小對公眾知情權的保護,同時拼命擴大對知識的壟斷。這自然引起各種反抗。因此,各國法例亦依彼此的各種形勢不同而分別很大。所以,儘管1883年已達成了一個有關專利的國際協議,但協議也承認各國可以按自己情況訂定專利法。例如有些國家硬性規定專利擁有者必須在社會生產中實際去運用它,有些則沒有規定。有些國家的專利期限長些,有些短些。有些甚至長期有意不立專利法。荷蘭在1869年撤消其專利法後,半個世紀之後才再訂立。瑞士多次公民投票否決專利法,直到十九世紀末才立法。直到近年,德國、瑞士仍不容許就化學品發明註冊專利,法國、西班牙及意大利不許就藥物註冊專利。到了現在,自然大不相同了。各國紛紛向跨國公司低頭,日益把專利法修訂得更為嚴苛。

當初版權法是因應印刷術的興起而產生的。此前,一切文稿都是抄本,版權觀念自然不會出現。以後,每一次重大科技革命及其在工業及商業的普及應用,都使知識的傳播更容易,因此資產階級為了壟斷知識更需要控制傳播,需要對原有的版權法及專利法作修改及由法庭重新詮釋。在上一世紀五十年代,影印機、錄音機的普及,使資產階級趕忙督促其政府作必要修訂。自從電腦技術革命以來,這方面的修訂就更多。當軟件初出現時,究竟它該列為發明還是列為文字作品就大有爭論。1980年美國版權法修訂時,把軟件列為文字作品,因為它們是對電腦的一組指令或陳述。政府之前所委任的專家對此卻大加反對,認為這種分類有違美國憲法所界定的“文字作品”。這事例一方面反映了知識產權概念的人為性質,另一方面也反映了資產階級國家機器在解決新科技、新經濟部門與傳統知識產權法律的矛盾上所具有的異常重要的角色。科技革命越是發展,知識產權的界定,以至各種舊有概念的界定,便更加模糊,更加須要國家機器這個仲裁人按照資產階級的普遍利益來仲裁。比方說,盡管國家機器往往是促進壟斷的元凶,可是,當壟斷達到危害其他大資本家時,國家就需要多少壓抑一下有可能發展為獨斷的最大企業,以便維持寡頭壟斷資本之間的「自由競爭」(中小資本則盡可不管)。1988年美國法庭判決蘋果對微軟的訴訟敗訴,理由不是微軟不曾抄襲蘋果,而是“不能給予蘋果太多保護,否則會有害競爭”。這判決不利蘋果而有利於微軟,但同時也有利於電腦業技術的普及,從而促成美國在世界電腦業上的霸主地位。

現在輪到微軟被控壟斷了。不過,不管以後法院怎樣判決壟斷資本之間的爭吵,其結果都只是保障了壟斷資本的總體長遠利益,而非保障了普通消費者的利益。你付出高價買入軟件,可是嚴格來說你根本連所有權也沒有。你所獲得的只是一張使用軟件的許可證。在軟件的許可證上面往往印有一行小字,說:“這軟件及附屬手冊是由XX軟件公司擁有,並由美國及國際版權法保障所有權。一旦你違反這份許可證的任何一條,你使用本產品的權利自動停止,並須立即銷毀本產品的所有副本,或交回XX軟件公司。”這份許可證不必經你簽名就有效。你一旦打開封套,即受許可證條文限制。違反條文可以被罰巨款。這就是所謂消費者權益了。

按照傳統知識產權法,科學發現不可申請專利,只有技術發明才可以。從前二者的界線比較清楚,現在卻越來越模糊了,甚至變成連科學發現也實際可以申請專利。至少,在生物工程及訊息技術方面是如此。歐美法院在多次判例中已裁定,有關構成全部基因的基本化學物的知識是可以申請專利的。雖然有些案例附加條件,即有關知識須具潛在的商業價值。但要證明這點並不難。例如若有人發現某一基因與乳癌有關係,你就可以申請專利,因為你不難利用發現來設計測試,看看該基因的突變有否增加患癌機會。知識產權的涵蓋範圍的擴大,等於鼓勵研究人員事事守秘。人人都想,噢呀,我這個主意可以令我發大財啦!即使他的主意十劃只有半撇,他還是會閉口不言以妨洩密。“否則,不慎說了出去,同事阿炳可能會先我而申請專利,豈非見財化水?”然而,科學發展的歷史說明,科學只有在研究者之間自由交流與討論,才會有健康發展。相反,只會妨礙它的發展。

更令人震驚的事還多著呢。現在連電子商業經營方式也可以申請專利。1988年八月,美國專利局發給Priceline.com的網上買家驅動系統以專利。這個系統讓顧客可以在網上就各種產品與服務叫價,而賣家則在網上決定是否接受。美國幸福雜誌一位記者便挖苦這個專利。他說,這個商業主意早在幸福雜誌就有人想出來了,而事實上要想出這樣的主意毫不困難。連這種東西也可以申請專利,結果只會造成無窮無盡的官司。最近,美國最大的網上書商Amazon.com就控訴Barnes & Noble侵犯其商業經營方式的專利──Amazon.com只須買家觸一下滑鼠便可以一次過登記其個人資料以備多次購貨,不必每次落訂單都重新登記一遍。結果美國法庭判Amazon.com勝訴,禁止對手在1999年十二月之後繼續使用這種“一觸”服務方式。

世貿加強保障跨國公司對知識的壟斷

但是,單靠一國的國家機器還不足以保障早已在全球生產與銷售的跨國公司的整體利益。這個責任,現在就由世貿來負擔了。世貿有關知識產權的協議包括容許跨國公司有權就生命體本身申請專利,大大方便他們通過盜竊各種生物(包括人)的基因來發展其生物工程技術。另一方面,有關協議實際容許他們合法搶掠全球勞動人民積累幾千年的各種傳統知識並申請專利。據印度的民間團體說,美國跨國公司已經盜竊了印度九成的動植物樣本作為己用。倘若跨國公司據為己有,申請專利(就像他們把泰國香米申請專利一樣),那不啻是雙重搶劫當地人民。有朝一日,如中國人發現傳統中藥變成跨國公司的專利,並因此變得價格昂貴,不要驚訝,因為,這勾當一直在進行,只是中國政府視而不見而已。(有關世貿知識產權協議及跨國公司的盜竊行為,可參閱54期《先驅》)

現行的、由世貿強加到全球人民頭上的知識產權法,保障了跨國公司的利潤,卻危害了全球環境。

鑑於地球日益暖化,近年各國政府訂立了蒙得利爾協議,謀求盡快停止生產一種名為CFC的製冷劑(多用於冷氣機及冰箱)。協議規定發達國的期限為2000年,發展中國家為2010年,並規定發達國將在財政上幫助發展中國家開發代用品。印度有幾間公司聯合開發,且有相當進展,可是仍須外國跨國公司容許其使用名為HFC134A的技術專利。然而有關公司卻拒絕,即令印度公司願以市價付出專利費用。跨國公司開出更高條件:要印度公司讓出多數股權。如是,則印度難免進一步喪失經濟主權,而有關代用品的價格也大抵由外國跨國公司控制。如果印度人因此用不起代用品而無法落實停產CFC的協議,結果使全球繼續暖化,對不起,跨國公司是不關心的。

變本加厲,貪得無厭

最近,世界知識產權組織,簡稱WIPO(World Intellectual Property Organisation),打算把有關國際協議作出修訂,確保所有由私人及政府發出的各種原始數據的製作都列入知識產權法的函蓋範圍,從此使用數據通通要付錢,否則要受刑事責罰。(原有的協議只保障對原始數據的應用,而不保障原始數據的製作本身)它甚至打算把十五年期限無限期延長,只要有關機構到時對數據作更新便可。國際科學會議,一個由95國的25個科學學會組成的團體,已經發表聲明反對WIPO的企圖,重申科學家之間公開交換原始數據對科學發展事關重要。一個海洋學家說:「全球氣候變化是一個關鍵問題。世界各地的人都對此至關重視。你怎麼知道氣候在變?你唯有量度全球各地的氣候,並與之同100年前相比,然後據此估量其未來。若你要知道人對氣候的影響以及全球趨勢,你尤要這樣做。而數據是科學的血液。科學家既是數據的用家,又是它們的生產者。WIPO的最適當做法是認真而公正地研究這個問題,不要有任何先入為主之見。科學及教育界也應能有份參與這個問題的決定。」

我們並不是根本反對訂立版權法與專利法。我們完全贊成社會應對發明人或創作者給予特別獎勵。可是,目前的知識產權法不僅往往沒有保障發明人或創作者本身,而且實際上使資本家對發明人或創作者的盜竊變成合法,尤其使資本家借此壟斷知識來謀取暴利。

每一個發明家,不論其多麼偉大,都不是在真空之中作出發明的,而是根據千百年的人類經驗及與同輩們交往中作出的。偉大如牛頓,也說自己不過是站在巨人肩上,才能有那樣的成就。就算是貌似與科學發明毫不相干的普通勞動人民也對科學發明作出間接的貢獻。是他們為科學家提供一切物質需要。所以,每一個發明家的發明,既是他的產物,也是社會的產物。在這個意義上,既須給與科學家足夠保障其從事發明工作所需的一切物質需要,保障其有舒適的生活;但另一方面,也必須確保有關知識不是變成跨國公司的壟斷工具,相反,甚至要保障知識真正變成促進全人類幸福的公有財產。

參考資料:
1. The Politics of information technology, Colin Wilson, International Socialism, Spring 1997.
2. Capitalism and the information age, edited by Robert W. Mchesny, Ellen. M. Wood, John B. Foster, 1998, Monthly Review Press.
3. Recolonization – GATT, the Uruguay Round and the third world, by Chakravarthi Raghavan, Zed books Ltd, 1990.
4. Labor and Monopoly Capital, Harry Bravermen, Monthly Review Press, 1974.
5. Website of Encyclopedia Britanica.
6. Worldwide Socialist Web

Is Math Still Relevant?

Is math still relevant? That depends on your metaphysical view of the world. If the reality is indeed appearance of mathematics as some metaphysics theories suggest and we are living in endless possibility of equations, then maths is the only way to understand the Truth.

By Robert W. Lucky, IEEE Spectrum, March 2012
The queen of the sciences may someday lose its royal status

Long ago, when I was a freshman in ­engineering school, there was a required course in mechanical drawing. “You had better learn this skill,” the instructor said, “because all engineers start their careers at the ­drafting table.”

This was an ominous beginning to my education, but as it turned out, he was wrong. Neither I nor, I suspect, any of my classmates began our careers at the drafting table.

These days, engineers aren’t routinely taught drawing, but they spend a lot of time learning another skill that may be similarly unnecessary: mathematics. I confess this thought hadn’t occurred to me until recently, when a friend who teaches at a leading university made an off-hand comment. “Is it ­possible,” he suggested, “that the era of math­ematics in electrical ­engineering is coming to an end?”

When I asked him about this disturbing idea, he said that he had only been ­trying to be provocative and that his graduate students were now writing theses that were more mathematical than ever. I felt reassured that the mathematical basis of engineering is strong. But still, I wonder to what extent—and for how long—today’s under­graduate engineering students will be using classical ­mathematics as their careers unfold.

There are several trends that might suggest a diminishing role for mathematics in engineering work. First, there is the rise of software engineering as a separate discipline. It just doesn’t take as much math to write an operating system as it does to design a printed circuit board. Programming is rigidly structured and, at the same time, an evolving art form—neither of which is especially amenable to mathematical analysis.

Another trend veering us away from classical math is the increasing dependence on programs such as Matlab and Maple. The pencil-and-paper calculations with which we evaluated the relative performance of variations in design are now more easily made by simulation software packages—which, with their vast libraries of pre­packaged functions and data, are often more powerful. A purist might ask: Is using Matlab doing math? And of course, the answer is that sometimes it is, and sometimes it isn’t.

A third trend is the growing importance of a class of problems termed “wicked,” which involve social, political, economic, and un­defined or unknown issues that make the application of mathematics very difficult. The world is seemingly full of such frus­trating but important problems.

These trends notwithstanding, we should recognize the role of mathematics in the discovery of fundamental properties and truth. Maxwell’s equations—which are inscribed in marble in the foyer of the National Academy of Engineering—foretold the possibility of radio. It took about half a ­century for those radios to reach Shannon’s limit—described by his equation for channel ­capacity—but at least we knew where we were headed.

Theoretical physicists have explained through math the workings of the universe and even predicted the existence of previously unknown fundamental particles. The iconic image I carry in my mind is of Einstein at a blackboard that’s covered with tensor-filled equations. It is remarkable that one person scribbling math can uncover such secrets. It is as if the universe itself understands and obeys the mathematics that we humans invented.

There have been many philosophical discussions through the years about this wonderful power of math. In a famous 1960 paper en­titled “The Unreasonable Effectiveness of Mathematics in the Natural Sciences,” the physicist Eugene Wigner wrote, “The miracle of the appropriateness of the language of mathematics for the formulation of the laws of physics is a wonderful gift [that] we neither understand nor deserve.” In a 1980 paper with a similar title, the computer science pioneer Richard Hamming tried to answer the question, “How can it be that simple mathematics suffices to predict so much?”

This “unreasonable effectiveness” of mathematics will continue to be at the heart of engineering, but perhaps the way we use math will change. Still, it’s hard to imagine Einstein running simulations on his laptop.

Whales are people, too

I strongly against animal right because they are not human. However, my ethical theory is based on self reflective intelligent beings and Kantian rational moral contract. According to my ethical theory, since cetacean has near human intelligent, human should grant cetaceans individual right that close to human rights. On the other hand, other non-intelligent animals should only have species right. As long as the species are not going to extinct, human can use the animals as resources to server human.

A declaration of the rights of cetaceans
Feb 25th 2012, the Economist

THE “Declaration of the Rights of Man” was a crucial step in the French revolution. The document, drafted by the Marquis de Lafayette, marked a break with the political past by proposing that everyone, however humble his birth, had certain inalienable civil rights. These were liberty, property, security and resistance to oppression. Merely being a man conferred them.

These days, such rights extend to women as well. But what if you are not human? A session on cetaceans at the AAAS meeting discussed a proposal that whales and dolphins, too, should have rights. The suggestion of the speakers was that the protections these species are afforded by human laws should be extended and recognised not as an indulgence of the human aristocracy towards the bestial peasantry, but as a right as natural as those which humans now afford, in the more civilised parts of the world, to themselves.

The proposition that whales have rights is founded on the idea that they have a high degree of intelligence, and also have self-awareness of the sort that humans do. That is a controversial suggestion, but there is evidence to support it. Lori Marino of Emory University, in Atlanta, Georgia, reviewed this evidence.

One pertinent observation is that dolphins, whales and their kind have brains as anatomically complex as those of humans, and that these brains contain a particular type of nerve cell, known as a spindle cell, that in humans is associated with higher cognitive functions such as abstract reasoning. Cetacean brains are also, scaled appropriately for body size, almost as big as those of humans and significantly bigger than those of great apes, which are usually thought of as humanity’s closest intellectual cousins.

Whales and dolphins have complex cultures, too, which vary from group to group within a species. The way they hunt, the repertoire of vocal signals and even their use of tools differs from pod to pod. They also seem to have an awareness of themselves as individuals. At least some can, for example, recognise themselves in a mirror—a trick that humans, great apes and elephants can manage, but most other species cannot.

Thomas White, of Loyola Marymount University, in Los Angeles, then discussed the ethical implications of what Dr Marino had said. Dr White is a philosopher, and he sought to establish the idea that a person need not be human. In philosophy, he told the meeting, a person is a being with special characteristics who deserves special treatment as a result of those characteristics. In principle, other species can qualify. For the reasons outlined by Dr Marino, he claimed, cetaceans do indeed count as persons and therefore have moral rights—though ones appropriate to their species, which may therefore differ from those that would be accorded a human (for example, the right not to be removed from their natural environment).

Chris Butler-Stroud, of the Whale and Dolphin Conservation Society, in Britain, and Kari Koski of the Whale Museum in San Juan Island, Washington state, then charted some of the hesitant steps already being taken in the direction of establishing cetacean rights. Mr Butler-Stroud showed how the language used by international bodies concerned with these animals is changing. The term “stocks”, for example, with its implication that whales and dolphins are a resource suitable for exploitation, is being overtaken by “populations”, a word that is also applied to people.

Ms Koski gave an even more intriguing example. She told of how a group of killer whales that lives near Vancouver, passing between waters controlled (from a human point of view) by Canada and the United States, have acquired legal protection even though the species as a whole is not endangered. After a battle in the American courts these particular whales have been defined by their culture, and that culture is deemed endangered.

The idea of rights for whales is certainly a provocative one, and is reminiscent of the Australian philosopher Peter Singer’s proposal that human rights be extended to the great apes—chimpanzees, bonobos, gorillas and orang-utans. Like Dr Singer’s suggestion, though, it does ignore one nagging technicality. The full title of the French revolutionary document was “Declaration of the Rights of Man and Citizen”. No one has yet argued for votes for whales and dolphins. But considering some of the politicians who manage to get themselves chosen by human electorates, maybe it would not be such a bad idea.