A DC Frankenstein Finally Realizes His Monster – Is a Monster

The Latest from Seton Motley | Less Government | LessGovernment.org
The Latest from Seton Motley | Less Government | LessGovernment.org
Because At This Point – Why Not?

So much of what DC does is so obviously stupid – it leads one to inexorably conclude one of three things.

DC itself is either stupid, or corrupt – or both stupid and corrupt.

I almost always land on the latter.

DC is outstanding at doing things – that result in the exact opposite of what DC promised US their things would do.

Because they are too stupid to know better.  Or are secretly doing the opposite to serve their corrupt, crony interests.  Or they are stupid – but not so stupid as to miss opportunities to serve their corrupt, crony interests.

I almost always land on the latter.

The recent, alleged Inflation Reduction Act – spent trillions of dollars.  But spending trillions of dollars – is why we had a huge inflation problem in the first place.  So of course the legislation – added considerably to the already huge inflation problem.

The Affordable Care Act – made health care MUCH less affordable.

Dodd-Frank bank “reform” was supposed to end “Too Big to Fail” banks.  It instead made the Big Banks 30% bigger.

I could continue citing examples of DC counterintuitive screwups – until the crack of the looming doom.

We’ll explore one more – for morbidly humorous intent.

Because this legislation’s Frankenstein co-author just recently did his Casablanca impersonation:

Captain Renault: “I’m shocked – SHOCKED – to find that gambling is going on in here.”

[A croupier hands Renault a pile of money.]

Croupier: “Your winnings, Sir.”

Captain Renault: “Oh, thank you very much.”

The Frankenstein-Renault in question here?  Former Texas Republican Congressman Lamar Smith.

Smith co-authored the 2011 woefully misnamed America Invents Act.  Which made things orders of magnitude more difficult for Americans to invent things.

Why the 2011 America Invents Act is Bad for Entrepreneurs, Bad for Startups, and Bad for America

After a decade-plus of cataclysmic damage done – Smith now realizes he teed up Big Tech to steal every patent it wants – in perpetuity.

The US Has Institutionalized Big Tech’s Intellectual Property Theft

Smith last week wrote:

Stop Big Tech’s Patent Abuse

Except Smith started it.  So I’m not sure he’s our guiding light out from the darkness he created.

Congressman Frankenstein unleashed his monster.  And then is shocked – SHOCKED – to find his monster has destroyed the village.  The village – being the US invention sector.

You mean DC doesn’t know what it’s doing – at all?  We’re not shocked:

“In my time in the U.S. House of Representatives, I had the privilege of working alongside Sen. Patrick Leahy, D-Vt., to craft a comprehensive and bipartisan patent reform bill.”

That was certainly an awful start.

Exit Leahy: One of the Worst Men for the US in US History

Ain’t DC bipartisanship grand? George Carlin thought so:

“The word bipartisan usually means some larger-than-usual deception is being carried out.”

Smith continued…:

“The Leahy-Smith America Invents Act, signed into law in 2011, modernized a system that had hardly changed for 60 years.”

Except the US patent system – wasn’t broken.  But if it ain’t broke – DC will certainly break it in the name of “reforming” it:

“Our purpose was to accelerate American innovation and provide an easier path for inventors to patent their discoveries and creations.”

Except that isn’t what happened.  Is it, Mister Smith:

“One focal point of the bill was a new administrative law body, the Patent Trial and Appeal Board, or PTAB, which was based out of the U.S. Patent and Trademark Office. We intended for the PTAB to serve as a more efficient alternative for challenging patents than costly, time-consuming district court litigation.

“Little did we know that our plan to stimulate job growth and innovation would be subject to abuse by giant tech companies.  They have flocked to PTAB as a forum to overwhelm their smaller competitors through the sheer volume of resources they command.”

“Little did we know….”  Yes, DC’s denizens know so very little.

If only they’d listened to actual inventors in the actual invention sector – who were telling DC this is EXACTLY what would happen:

“This strategy is known as ‘efficient infringement’ or ‘predatory infringement.’

“Instead of licensing…technology, the larger compan(ies) elect simply to use it without permission. And when…sue(d) for patent infringement, the larger compan(ies) respond with a barrage of legal proceedings to suck time and money away from its smaller rival(s).

“Big Tech companies undertake such predatory infringement all the time. Startups and small businesses without a significant budget for litigation struggle to handle these influxes of legal challenges.

“Big Tech firms have realized that outgunned startups often give up in these situations, either by going out of business or settling for cents on the dollar.

“The abusers of the PTAB are some of the most well-known businesses in the world. Just 10 companies, including the largest U.S. tech companies, account for one-quarter of all PTAB petitions. One tech company alone files hundreds every year.”

You mean Big Business best benefits from Big Government?  While screwing the Little Guy?  Who knew?

Well, everyone not in DC knew.  And has known for many decades.

Revolving Door: Big Gov and Big Biz Are Terminally Entwined

So we had two bureaucrats – whose alleged patent experience was sitting on allegedly pertinent Congressional committees.  Who took it upon themselves to fundamentally transform the most successful patent system in the history of humanity.

And it didn’t turn out the way they hoped?

Frankenstein’s monster – wasn’t for what Frankenstein had hoped?

I am shocked – SHOCKED.

Here’s a thought for these two – and all the other DC Dudley Do-Wrongs.  Courtesy of the more recent cinematic endeavor Up in the Air:

“Before you try to revolutionize my business?  I’d like to know you actually know my business.”

Almost no one in DC – knows our businesses.

But that certainly doesn’t prevent them from minding our businesses – and not their own.

DC’s business – is only $32 trillion in debt.

So let’s have them run everything for US too.