Boy This Sounds Familiar! But of Course….

Mr. Malone of the WSJ lays out aspects of societal and business change that the US faces in say the next 50 years. He throws terms out like ‘fat pipe’, ‘process patents’, ‘free internet’, etc. Our loyal Thridpipe readers already know all this because we have this electronic pulpit on high. We have been laying this prescription down since this blog was created. —

- Build up Brand America. Government agencies, including the USAID and United States Commercial Service, need to promote American brands, via the Web, hardware and software, to everywhere in the world where they are currently unknown or disliked. Voice of America needs to become a massive Internet portal to the American economy and media.

The U.S. International Trade Commission must actively pursue illegal international threats to our e-economy from hackers to scammers — such as bringing serious economic sanctions against nations that look the other way (or even support) these activities. We need to capture the dominant share of the minds of the next two billion, enforce an honest Web, and make America again synonymous with the best.

- Create a Fat Pipe. Many of the great fiber optic lines entering and leaving the U.S. were almost dark a decade ago, and that abundance created an opportunity that helped propel the creation of companies like Google. But Google’s recent announcement that it was going to install its own cable across the Pacific to Japan suggests that the age of cheap bandwidth is almost over. Late last year, a report by Nemertes Research predicted a bandwidth shortage by 2011.

The U.S. needs to have the fastest, cheapest and most reliable Internet access on the planet, both inside our borders and in our connections to the rest of the world. Like the railroads and the interstate highway system before it, we need a program of direct investment, subsidies and tax breaks to assure that Americans always have the world’s best Web access – and the rest of the world has the best access to us.

- Revamp Nafta. While the Democratic candidates are calling for the abolition, or crippling of the North American Free Trade Agreement, what we should be discussing is how to revamp it and other trade accords to reflect the newly emerging world of people-to-people, not just business-to-business, trade. We need to be prepared for a world where knowledge workers around the world are hired online by the minute – in other words, radically simplified employee contracts, payroll tax documentation and W-2s, and improved tax laws on home offices, part-time work, and self-employment.

But most of all, we must not impede this inevitable transformation by doing anything to limit free trade – even if that means reaching individual trade accords with countries regarding buying and selling on eBay, MySpace, Facebook and the like.

- Promote a Free Internet. The lights of intellectual freedom that have been created by the Internet are slowly going out all over the world – look at China’s recent blackout of Web videos of events in Tibet. We need to fight to keep the Internet open and accessible to everyone on the planet, and keep tyrants from censoring their people.

Short of that, we need to keep the U.S. an island of Web freedom, open to anyone who can reach our servers and sites. A good start would be to require U.S.-based companies to maintain free speech in all their international subsidiaries – no more Yahoos helping foreign governments locate dissidents.

- Reform patent laws. In an era characterized by “free” downloads as well as the proliferation of pirate content sites, the overly broad U.S. patent and copyright laws need to be reformed to reflect these new sensibilities. Today they stifle innovation. A good place to start would be a revamping, if the not the elimination, of “business method” patents, which even Justice Anthony Kennedy has suggested can suffer from “potential vagueness and suspect validity.” Meanwhile, patent approvals need to be made faster, tougher and cheaper.

- Make education more open. It is time for the rest of us to accept the reality that education in the U.S. is now a multi-platform (public, private, home) experience, and begin building Web-based curricular support for all three. It is in our national interest to make all schoolchildren well-educated and competitive in the modern economy.

Now we are not Malone clones. There have been articles we have vehemently disagreed with. But for once he is firing all the cylinders. Most definitely get rid of the ‘business process’ patents. They are a scourge. But we ought to go further. First roll back patent use to 17 years as was originally fostered. If you can’t turn a profit in that period of time you don’t deserve to keep the patent anyway. Patents and copyrights should also have innovation and sunset provisions. If a patent holder does not utilize the patent or license it for deployment within the first 4 years then the patent is invalidated. As well if a copyright is not longer a published work available for first release purchase or the death of the author then it becomes public domain. I love Elvis Presley recordings, but something is wrong when the estate is still in force collecting royalties.

There is also one that Malone missed. ‘Promote the Everyman’. Foster an environment that anyone who wants to compete can do so. The function of government should be to build that stadium of equal opportunity. The place to start is in revamping small claims court to include all the provisions of superior court as to court directed remedies. Today most small claims are only available for remedy of monetary damages. The problem is in many cases the damage stems from systemic abuse by corporations. The little guy has to be able to have their day in court. Abolish one way contracts and forced arbitration as a manner to receiving products & services. Eliminate legal extortion by making it a penalty of disbarment for a lawyer to blindly issue legal threats without ascertaing that there has been actual damages to his client.

Mr. Malone is to be commended for this piece.

Read the whole article here.