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Innovation and Nanotechnology: Converging Technologies and the End of Intellectual Property

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Innovation and Nanotechnology: Converging Technologies and the End of Intellectual Property Koepsell, David. "Index." Innovation and Nanotechnology: Converging Technologies and the End of Intellectual Property. London: Bloomsbury Academic, 2011. 232–242. Bloomsbury Collections. Web. 26 Sep. 2021. <>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 26 September 2021, 20:53 UTC. Copyright © David Koepsell 2011 2011. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 232 Index abstract ideas. See ideas artifi cial monopolies. See monopoly rights accidents artifi cial scarcity, 19–20, 22–23 artifacts versus, 57 asbestos, 30, 49, 91–92 defi ned, 56 assembly-line model of production, 7–8 ACLU (American Civil Liberties Union), ix–x atomic theory, 1 adrenaline, patent for, 53 attorneys, moral culpability of, 186–187 aesthetic/utilitarian distinction. Austin, John, 163 See utilitarian/aesthetic distinction authorship, works of, 117, 120 African Americans, experiments on, 96–97 autonomy, right to, 138–139, 167 Against Intellectual Monopoly, 155 agriculture, invention of, 4 Babbage, Charles, 9, 11 AlbinoBlacksheep (website), 170 ‘Banana Man’ (song), 170 Albright, Madeleine, 172 barter and trade systems, 5–6 algorithms battery life, nanomaterials and, 48 mathematical formulas versus, 131–132 Bayh–Dole Act, 158 patentability, 57–58, 130, 132 Belmont Principles (bioethics) video codecs, 76 application of, 97–100, 182–184 ‘allegory of the cave’, 51 consent and, 94 Amazon.com, 57–58, 59 description, 222n American Civil Liberties Union (ACLU), smallpox virus and, 188–189 ix–x benefi cence (Belmont Principles), 182–183 americium, patent for, 53 Bentham, Jeremy, 162–163 analog computers, 10 Beta video format, 76–77 animal research, 188 Bilski v. Kappos, 52 Annan, Kofi , 172 BioBricks Consortium, 60 anthrax, weaponized, 102 bioethics anti-patent movement, 112 human subjects and, 96–97, 180–182 Apache (web server), 78–79, 124 in synthetic biology, 104 apocalyptic visions. See ‘grey goo’ scenario biological systems, design and engineering of. App Store, 208, 210, 215 See synthetic biology Apple biological weapons, 102, 103. code sharing, 77 See also smallpox virus new markets, 208–209 Biological Weapons Convention, 178 patents, 17 bio-terrorism, 103, 188. personal computers, release of, 28 See also synthetic biology ‘apps’, 208–209, 210 black markets, 108, 172 ‘The Apriori Foundations of the Civil Law’, 167 ‘blue boxes’, 77 Arduino micro-controllers, 86–87, 88 Boldrin, Michele, 146, 155 Arrhenius equation, 132 books. See also specifi c titles Aristotle, 57 cost of printing, 81 arms races, 176 patentability, 18 artifacts. See also expressions; nano-artifacts printing on-demand services, 11 accidents versus, 57 publishing contracts, 73 criteria, 54 royalties, 129 defi ned, 3, 27 BP (British Petroleum) oil spill, 98 human intention and, 3, 54 BRCA genes, ix–x means of creating, 4–5 breakthroughs, scientifi c, vi–vii relationship with, revising our, 133–135 breast cancer genes, patent on, ix–x virtual, 115–116 Bridgman, Percy, 24–25 ‘artifactual’ creation, 54, 59 British Petroleum (BP) oil spill, 98 artifi cial intelligence (AI), 205–206 Brownian motion, effects of, 47 Koep.indb 232 17/03/11 7:20 PM INDEX 233 brute facts. See also possession, brute fact of civilization, beginning of, 4 in IP hierarchy, 133 classes, social, 35 justice and, 150–151 in utopian visions, 43 natural law grounded in, 167–168 Clinton, Bill, 179 ‘social reality’ versus, 224n CO2 emissions, 92 buckyballs (Buckminsterfullerene) CocaCola ®, 32 discovery, vi, 45, 48 ‘Code of Conduct for Responsible patent on process, vii, 58–59 Nanosciences and Nanotechnologies Bug Labs, 87, 88 Research’, 100 ‘building up’ method of artifact creation, 5 cold fusion, 159 ‘bundling’ practices, software, 152 Cold War, 105, 106, 108 Bush, Vannavar, 158 Commission of the European Communities, 100 Commission on Intellectual Property C60. See buckyballs (Buckminsterfullerene) Rights, 174 calculus of risk-harm-likelihood, 190–192, 193, ‘common rule’, 180 202 ‘commons by choice’, 22, 141–142 ‘California Years’ (album), 171 ‘commons by logical necessity’, 142–143 Calvinism, 16–17 ‘commons by necessity’, 22, 51, 141–142, 156 capital new theory of IP and, 206 creativity as, 211 communalism, 204 intellectual, 12, 172–173 compact disks (CDs), 171 captive markets, 151 computers. See also software carbon. See also fullerenes as disruptive technology, 28 chain molecules, vi history, 2 as feed source, 35 as machines, 15 forms of, 60 mechanical versus digital, 10 carbon dioxide emissions, 92 miniaturization, 9–12 ‘carbon neutral’ energy sources, 92 production and, 24 Carlisle, Anthony, 54 revolution, 28 case studies consent, informed, 96, 97 micromanufacturing, 84–88 Constitution, United States, 111 nanowares, 213–217 consumer protection, need for, 49–50 ‘seed’ versus ‘feed’ technology, 61–64 continuants. See products (continuants) utilitarian/aesthetic expressions, unifi ed contracts scheme of protection for, 144–148 monopoly rights, alternative to, 122–123 Cat’s Cradle (novel), 184, 189 publishing, 73 CDC (Centers for Disease Control and ‘copyleft’, 122, 125, 216 Prevention), 179 Copyright Act (1972), 14 CDs (compact disks), 171 Copyright Act (1976), 15 Center for Bits and Atoms, 68 copyright protection. See also monopoly rights Center for Strategic and International ‘direct perception’ test, 14 Studies (CSIS), 104 legislation, 149 Centers for Disease Control and Prevention nanowares, 147–148 (CDC), 179 patents versus, 15, 16–17, 32 centralization, industrialization and, 7–8 software, 50–51 Charles, Prince, 29 terms of, 145 chemical industry, 91 counterfeit products, 119 chemical inertness of nanomaterials, 49 cowpox virus, 181 chemical weapons, 101 creation children. See also pedophilia artifactual, 54 experiments on, 181 individuality of, 146–147 choice to reject IP, 201–203 as a service, 169–170 chronometers, miniaturization of, 9 of types versus goods, 135–138 circle, area of a, 131–132 creative commons license, 125, 216 Koep.indb 233 17/03/11 7:20 PM 234 INDEX creativity duty of fi delity, 98 as capital, 211 duty to foresee and prevent harm, 176–177 intellectual capital and, 12 duty to inform, 94 liberation of, 40 duty-based theories of ethics, 162–163 rewarding, 72 DVDs (digital video disks), 171 scarcity of, 207 Dworkin, Ronald, 167 as a service, 207, 209–211 dystopian visions, 43–44, 195 value of, 82 Crichton, Michael, 19, 26 eBay (website), 86 cross-licensing, 76 ecological impact, 43 CSIS (Center for Strategic and International economic downturns, 125 Studies), 104 economic growth Cuban Missile Crisis, 105 intellectual property (IP) protection and, 80–83 culture, beginning of, 4 in patent-free Europe, 156 Curl, Robert, 45, 48, 58 economic impact, 70–72. ‘cutting away’ method of artifact creation, 4–5 See also free markets Cydia (website), 209, 215 altered, 35 projected, 83–84 Darwin 1.0 machines, 38 of technological trends, 26 DDT (pesticide), 49, 91 economic trends, 28 deontology, 162, 202 Eichmann, Adolf, 96 DesignJet 3D printer, 69 Einstein, Albert, 1 desktop fabrication, 69–70, 71 electricity, miniaturization and, 9 developing markets, 172–175 embedding feature (video), 170 The Diamond Age (novel), 43, 61–64, 176, 195 End User License Agreements (EULAs) Diamond v. Diehr, 132, 223n as contract, 122 Difference Engine, 9 for hardware, 88 Digital Equipment Corporation, 28 violation of, 214 Digital Rights Management (DRM), 63, 74–75 Engines of Creation: The Coming Era of digital video disks (DVDs), 171 Nanotechnology, 30, 42, 44 dioxin, 91 Enlightenment, Age of, 161–162 ‘direct perception’ test, 14, 33 environmental impact, 90–95 disinterestedness, 204 ethics. See also bioethics; disruptive technology deontology; moral culpability of computers as, 28 science; utilitarianism nanotechnology as, 27 duty-based theories of, 162–163 public policy and, 31 innovation and, 199–201 dissemination of types versus goods, 135–138, of nanotechnology, 50 168–171 regulation and, 90 distributed production, 85–88 of traditional IP protection, 20, 138–144 DNA, customized, 103 training requirements, institutions and, Doom (video game), 74 192–194 ‘downstream’ monopolies, 76 ethos of science, viii, 203–205 Drake, Sir Francis, 32 Etsy (website), 86 Drexler, Eric, 25, 28, 30 Europe, IP protection rejected in, 112, 156 The Foresight Institute, 100 European Group on Ethics, 104 Smalley, debate with, 45–46 ‘eventual’ fallacy, 190–192 utopian visions, 42–43 ‘evil’ uses of technology. See security issues DRM (Digital Rights Management), 63, 74–75 exclusionary rights, 129 drug trade, 108 expression, freedom of, 139 dual-use research, 178, 181–182, 187. expressions. See also artifacts; utilitarian/ See also biological weapons; nuclear aesthetic distinction technology defi ned, 16, 56 duties, categorical, 165–166 fi xed versus non-fi xed, 118–119 Koep.indb 234 17/03/11 7:20 PM INDEX 235 human perception of, 14 friction, effect of, 47 ideas versus, 33, 57–58, 113–117 ‘From Understanding to Action: intention, manifestation of human, 56 Community-Based Options for IP protection and, 116 Improving Safety and Security in levels of, 146–147 Synthetic Biology’, 103 machines versus, 14–16 fullerenes. See also buckyballs man-made objects, 139–140 (Buckminsterfullerene); nanotubes, carbon ‘prior restraint’ of, 139 applications, vii spectrum of, 206 properties, 49 usefulness of, 16–17 funding, grant-based, 158–159, 160–161 ethics training and, 193 Fab Labs Charter, 68–69 Gates, Bill, 77, 221n
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