Tom Watson's Magazine, Vol. I, No. 4, June 1905Various
General
Tom Watson's Magazine, Vol. I, No. 4, June 1905
Various
United States -- Politics and government -- Periodicals
Before we can agree to this, however, we must understand what monopoly
is. Briefly stated, it is the power to charge more than a competitive
price for a commodity or service. This power can be permanently secured
by the favor of Government, and in no other way. An agreement between
individuals cannot accomplish it, since such agreements, even if they
include all individuals in interest, which is impossible, or at all
events inconceivable, would infallibly be broken. The only way such
agreements may be made effective is for Government to make powerless, or
nearly so, the potential competitive elements or individuals in interest.
This it does in several ways, or to be explicit, chiefly in three ways.
By Land Laws,
Tax Laws,
Laws Regulating (or that fail to regulate) the use of the steam highways
of the country.
I know of no other source of monopoly unless it be our patent laws. But
these being—originally at least—rewards of invention, the injury results
from their misuse.[4] Even the misuse of patent laws is not one of the
chief potent influences in the perpetuation of monopoly. But without, in
most cases, adding to the power of monopoly, which derives its strength
from other causes, it puts in the hands of the great combinations the
power to arrest progress. The value to society of an invention is in
its use. Under present misuse of patents, inventions are held out of
use and are often bought up and destroyed for the purpose of depriving
competitors of the use of like improvements, or because such inventions
would often reduce the machinery in present use to the value of old iron.
Clearly, if industrial progress is to be made to yield its full results,
some change in our patent laws is imperatively called for. Were the law
of competition allowed to work freely, the use of such inventions,
even under present patent laws, would be determined largely by the law
of self-preservation. For the sources we have indicated are also the
sources to a degree of the patent monopoly. In a competitive market for
the use of an invention the inventor would be less likely to part with
his invention, even under the present patent system. Where the bidding is
artificially restricted the inventor sells at a disadvantage. Monopoly
has the inventor at its mercy. But however this may be, nothing less than
the free use of an invention to everyone willing to pay a royalty to the
inventor for its use will do justice to the inventor and meet, at the
same time, the interests of the great public and the necessary demands of
industrial progress.
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