Pirate Congress 2012 Motions/Motion:Non-Commercial Patent Infringement

=Non-Commercial Patent Infringement=

Current motion

Workspace
We're entering the era of creating tangible objects on demand in our very own home and need to strongly ensure the 'right to participation in cultural life and to enjoy the benefits of scientific progress and its applications' is respected while not allowing commercial use of the Intellectual property of others [Article 27, Universal Declaration of Human Rights].

The ability to create on demand are called 3D printers that can print tangible objects. This allows the ability to make toys, hats, pills, food, bones and even cars vastly more cheaper. There is also the possibility of self-replication (eg reprap project). It's important to give explicit protection for the people against vexatious litigation or disproportionate enforcement that may sometime in the future, attempt to restrict development of their patents for private non-commercial use in the form of restricting materials, declaring or implying such printers as devices for patent infringement, a reason for stricter enforcement (Internet filter, crippling unenforceable fines), et al [Article 30, Universal Declaration of Human Rights].

An exception was granted for research and experimental purposes regarding non-commercial use to the Patents Act 1990. We believe it does not go far enough because an individual printing for themselves are still vulnerable to disproportionate enforcement and litigation responses that equates commercial infringement with non-commercial infringement.

Currently, this means the relevant law(s) is required to decriminalise non-commercial use of patents to respect the human rights of the people.

Historically;

1) An exception was granted for research and experimental purposes regarding non-commercial use to the Patents Act 1990. We believe it does not go far enough because an individual printing for themselves are still vulnerable to disproportionate enforcement and litigation responses.

2) The Pirate Bay had recently allowed computer models to be uploaded that can lead to tangible objects of which some can infringe on patents.

Important implications

 * 3D printers can potentially run afoul of patent law for non-commercial development of favourite products.


 * There was a recent exemption to Patent Law for non-commercial research use, so it can be interpreted that students can use patents to build products.

Some potential sources:
 * "... under the Copyright Act, the maximum term of imprisonment for making a device intended for making infringing copies of a work is 5 years, whereas the maximum imprisonment term for a similar offence under the Trade Marks Act is 2 years." http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=643:patent-and-trade-marks-acts-to-be-strengthened&catid=5:ip-tech-a-e-biz&Itemid=144
 * Chemicals, drugs, DNA could be produced for non-commercial use. [ Tech Know: Life hacking with 3D printing and DIY DNA kits http://news.bbc.co.uk/2/hi/technology/8595734.stm ]. [Legal question: Could it run afoul under gene and medicine patents?]
 * Toys, glasses, and other easy printable patent products could run afoul under general patent laws. [Legal question: Could making own products  without resale be illegal? What about sharing, akin to filesharing?]
 * 3D Printers could be severely restricted under 'job loss' fears. As well, entire companies seized 'for encouraging infringement'. [Legal  question: Is it illegal for 3D printers to state that anything could be  printed, even cars, etc? My general question is akin to UK linking and  megaupload except without the explicit encouragement on fostering  ability to share]
 * More ease of copyright infringement as people become curious on how their favourite product works. For example, the most popular phone  series is Apple which jealously guards the workings.
 * Printing parts can be construed as encouraging patent infringement. For example: Someone wishes to build a car from 'spare pants', orders or  prints all the parts and builds them together. [Legal question: Is it  illegal to sell parts and/or use parts to make whole?]
 *  Sometimes there's one part which is considered the root of the assembled product.  Firearms work that way, maybe engines  work that way for cars.
 * Another discussion on it; http://forums.reprap.org/read.php?58,44938,44938 Dangerous items vs. Dangerous Censorship
 * A person missing a small part that's not otherwise sold or readily available but is patented and used as part of the product as whole,  could benefit from printing a part. Similar to downloading TV series  because there's a 1-2 year delay before national airing.
 * eg; "Sorry we need to get a critical car part specially made at the factory in China, there'll be about 2 month delay during which your car will be unroadworthy."
 * https://en.wikipedia.org/wiki/Patent_infringement (Australia not mentioned)
 * https://en.wikipedia.org/wiki/Australian_patent_law
 * http://www.findlaw.com.au/articles/1022/patents---are-you-risking-contributory-or-secondar.aspx [I can't understand the legalese but it implies that using result of patent is infringement]
 * http://www.davies.com.au/pub/detail/10/patent-infringement-exemption-for-experimental-use-acip-s-report-released [Patent infringement exemption for experimental use: ACIP's report released]
 * http://blog.patentology.com.au/2011/03/patent-reform-exposed-part-vi.html This one is a bit more explicit. The research industry  lobbied to have  an exemption from patent infringement by making the  product for the  purposes of research. Apparently the research industry is worried that  making products from the patent, despite non-commercial, would be  infringement
 * "Australia does not have an exemption under the Patents Act 1990 (Cth)  for activities that are research only or not for commercial   application. Researchers must always consider whether their activities  infringe an existing patent." http://researchroadmap.osmr.nsw.gov.au/Sectors/LifeSciences/IntellectualProperty/A.4.3.3.htm
 * Before oldwiki delete "Although we are still developing our policies in regard to patents, we believe that the current patent system needs to be  reformed. Patents holders should be required to provide greater detail  on how to utilise patented work once the patent has expired.  Non-commercial patent infringement should not be a crime and patents on  existing genetic material should be abolished. Pirate Party Australia  has no policy regarding trademarks or trade secrets at this time."


 * PPAU initially drafted the non-commercial patent infringement policy: http://www.pirateparty.org.au/wiki/Initial_Draft_Policy#Patent_Reform

Similar but non-Australian

 * http://www.iusmentis.com/patents/faq/infringement/ "In the USA, also non-commercial use of the invention can be patent  infringement, although it is rare for a non-commercial use by a private  person to result in a lawsuit. "
 * http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm
 * https://depiratenpartij.wordpress.com/2012/01/10/het-orakel/ One source of Pirate Party policy
 * Google Translate: http://translate.google.com/translate?sl=nl&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fdepiratenpartij.wordpress.com%2F2012%2F01%2F10%2Fhet-orakel%2F&act=url

Other topics relating to patent infringement

 * Might be unwise to mention, but pirate bay is entering 3D printer era as well: https://thepiratebay.se/blog/203


 * Warhammer figurine models created by someone subject to DMCA; https://groups.google.com/group/thingiverse/browse_thread/thread/599c4e60f459af8f
 * A loosely related article on 3D Printers for schools would mitigate the regulatory capture effects of companies crying piracy from 3D printers. https://printthat.wordpress.com/2011/09/15/im-conflicted-about-buildatron/
 * "The Intellectual Property Implications of Low-Cost 3D Printing" http://www.law.ed.ac.uk/ahrc/script-ed/vol7-1/bradshaw.asp
 * Public knowledge newsletter 'It Will Be Awesome If We Don’t Screw It Up': http://www.publicknowledge.org/files/docs/3DPrintingPaperPublicKnowledge.pdf
 * Source: http://declineofscarcity.com/?p=1444
 * Opinion piece: The Pirate's Dilemma book
 * Chapter 1, 5
 * http://thepiratesdilemma.com/download-the-book

Discussion
Nothing at this time.