A Patently Good Idea

From Gigaom:

A U.S. judge yesterday threw aside a much-anticipated trial between Apple and Google-owned Motorola Mobility over smartphone patents. The decision and a blog comment by the same judge could prove to be a watershed moment for a U.S. patent system that has spiraled out of control.

In his remarkable ruling, U.S. Circuit Judge Richard Posner stated that there was no point in holding a trial because it was apparent that neither side could show they had been harmed by the other’s patent infringement. He said he was inclined to dismiss the case with prejudice — meaning the parties can’t come back to fight over the same patents — and that he would enter a more formal opinion confirming this next week.

While I, of course, oppose the legal concept of patents—and intellectual property in general—I do applaud this ruling as a step in the right direction in terms of both the legal theory underlying it and the more practical ramifications of reducing the scope of IP.  Since Judge Posner is asserting that neither party had harmed the other, he is basically saying that there are limits to patent law.  Since this is basically a matter of personal opinion rather than longstanding legal tradition (court have often stretched the limits of patent law rather than limit them), Posner’s decision will likely get some coverage, and hopefully cause people to think more carefully about the whole concept of IP.

Better yet, though, Posner’s decision is in keeping with the spirit of the constitution.  The rationale for patent law in the constitution is that it will promote the progress of the arts and sciences.  This is a utilitarian argument, not a moral argument.  There is no evidence that the founding fathers—or the politicians that adopted the constitution, for that matter—viewed ideas as a form of property, subject to some sort of property laws.  Rather, the idea was that by giving artists and inventors limited monopolies, they would be more encouraged to produce new works, ideas, and innovations.  Thus, the main purpose of patent law is to encourage the spread of ideas.  It is not intended to cause pointless fights between mega-corporations.  Posner’s ruling is thus encouraging because it reinforces the utilitarian view espoused in the constitution.  The entire purpose of IP laws is to make society wealthier.  Mega-corporations paying lawyers to ship boxes of paper to one another does not enrich society.

The progress of steel

So here is a conversation I have been having lately that confuses me.  Lots of folks locally really think there has been a big surge in the steel industry recently right here in the Pittsburgh region. It really is a strong belief by some that hiring and employment are way up in the core steel industries.  Maybe part of the explanation is that news coverage of steel in the region is actually contradictory.  These two stories both ran recently:

Tough on steel: Makers barely breaking even as shares fall, supplies swell

yet there was also this with something of a focus on local steel plants old and new:

Industry awakens: Mushrooming energy sector gets mills humming again

So here is what the data actually says about jobs.  Recent employment in the Pittsburgh MSA steel industry is a remarkably stable time series.  It may be the most stable employment trend in the region. Literally unchanged at all in 12 straight months.  Maybe employment is up, but it would be an interesting story why the data is showing such stability.  If the data is remotely correct, there is no story at all of a big jump, nor of any big decline in steel industry employment.  The story is how unchanged it has been of late.

But that only says so much.  Here is a graphic of the Pittsburgh MSA’s share of US employment in primary metals industries.  Again, a remarkably stable time series in itself.

But does that mean all is good for local steel industry employment?  The proportion of US jobs in Pittsburgh is stable, but even since 1990 the total number of jobs classified as in primary metals industries are down 40%.  The only rebound nationally has been some bounceback from the nadir of investments at the most dismal point in the recession.

Is building and running the IIT JEE a public goods problem?

What should government do?

In the question “What should government do?”, economists have one big answer “do the public goods”. A public good is something that is non-rival (the consumption by one does not come at the cost of consumption by another) and non-excludable (it is not possible to exclude someone from benefiting from the public good).

The regulation of air pollution is the favourite example which illustrates a public good. Clean air is non-rival (if you breathe clean air, it does not diminish my supply of clean air) and non-excludable (if the air is cleaned up, nobody can prevent me from breathing it in). Indeed, nothing that one person can do can make a difference to air pollution. Only the government can regulate pollution and this deliver clean air.

Similar issues arise with defence, police, judiciary, monetary policy, financial regulation, public health (though not the health of the public), biodiversity, etc., all of which add up to the economists’ vision of what government should be doing.

What should government do in the field of education?

Education is substantially a private good. I study, I benefit. There are spillovers (”externalities”) to others, and so there is a case for a government subsidy. But barring that, this is a field where the incentives are well aligned for each person to be the main one in charge of his own education.

Public funding solves the problem of externalities. At the level of elementary education, vouchers are a nice way to deliver public funding that is large enough to pay for the externalities. At the level of higher education, public policy can focus on economies of agglomeration alongside some public funding, nudging the outcome in India so that there are 100 high quality broad-based universities.
As I read The delicate technology of creating excellence by Pradip Ghosh in the Telegraph, I was reminded of the public goods character of testing and curriculum development. As he says:

in this very large country with a multitude of school boards and their non-uniform curricula and examination standards, it would be inappropriate to go by board grades because that would yield unreliable, undesirable results — we would not get the best students. And, such a course, therefore, would be unfair both to the aspiring students and to the institutions they would be entering. A single post-high school examination with a well-defined syllabus and a centrally administered paper-setting and grading system was thought to be the best alternative

The production of education services is a private good problem, to be sorted out between one student and one education provider. However, the problems of curriculum and testing have a public goods character. Let’s run the tests of a public good, for a nationwide system for standardisation of curriculum and testing.

Is it non-rival? Does the consumption of the services of this system by one person diminish the amount of this system available for another? With computerised testing, there should be full scalability (though Pradip Ghosh argues, in the article above, that there are problems with this).

Is it non-excludable? High quality curriculum is non-excludable in that once curriculum documents are on a website, everyone can download them. Testing is excludable if you want to be cussed about it, but for the rest it should not be possible to exclude anyone from taking a nationwide test.

This argument guides us in thinking about what government should be doing in the field of education:

1. Funding (calibrated to overcome the externalities)
2. Curriculum development
3. Testing
4. Information infrastructure about education service providers (i.e. schools but also all sorts of new ways of organising education service delivery) so as to assist choice by parents and students.

The entire focus of management time, and the entire resources available for the task, should be devoted to these 4 problems.

Central government or local government?

Once we know that testing and curriculum are public goods, we have to ask who should do it.

If an important outcome (getting into the IITs) was linked to regional board examinations, that is a recipe for grade inflation. This is a reason for doing this at the central government.

There are economies of scale. A curriculum only needs to be developed once. This is a reason for doing this at the central government.

In conclusion, the IIT JEE has many problems, but the building and running of high quality examinations is an important task of the central government and should not be diluted or abandoned. The fraction of management time, and resources, that are devoted to curriculum and testing need to go up.

Economic Events on June 12, 2012

At 7:30 AM Eastern time, the NFIB Small Business Optimism Index for May will be released, providing information regarding the health and confidence of small businesses in the United States.  The consensus is that the index is at a level of 94.2, which is 0.3 points lower than the previous month’s value.

At 7:45 AM Eastern time, the weekly ICSC-Goldman Store Sales report will be released, giving an update on the health of the consumer through this analysis of retail sales.

At 8:30 AM Eastern time, the Import and Export Prices index for May will be released, providing some data that can be used to monitor the threat of inflation.

At 8:55 AM Eastern time, the weekly Redbook report will be released, giving us more information about consumer spending.

At 2:00 PM Eastern time, the Treasury budget for May will be released, providing an account of the federal government’s budget surplus or deficit for that month.