Like many readers of Huffpost, I was deeply moved by the election of Barack Obama in 2008, but disappointed and surprised by some of what followed during his first two years in office. With little experience and no real record of achievement or identification with a particular case, Obama managed to present himself as a credible candidate in part by excellent management of a $750 million campaign, and by demonstrating impressive intelligence, sensitivity, humor and charisma in a series of campaign events and competitive primary and general election presidential debates. This all came together at a moment when the country was both ready and anxious to connect in a deeper way with the diversity of its own population, and toward the end of the campaign, was facing a chilling financial crisis.
When people look at the ledger of what they thought they were getting, and what has actually transpired, their results will vary, depending upon their own interests and values. For me, like many of my friends, there has been plenty to like and to not like, and much in between. Looking strictly forward, here are a few things I would like to see in the next two years, running up to the 2012 election.
As a case in point, in the 1990s, the European Union adopted a directive to create new intellectual property rights in facts assembled in databases. The US rejected the new intellectual property right, and considers facts to be in the public domain. The EU change took place in 1996. According to an EU evaluation of the Directive, by 2004 the U.S. lead in the database market increased, and Europe fell farther behind. Why? Among other things, the U.S. law makes it easy to collect data in the first place. U.S. database companies figured out they were both consumers and sellers of facts, and that they would be hurt by the new intellectual property right. (For more on this, see Jamie Boyle's Financial Times column on the topic).
Closer to home, policy makers might ask where most of the innovation has occurred in information markets over the past 20 years? On the monopolistic Microsoft desktop? Or on the open standards Internet platform? There are elements of the software and telecommunications network that can be closed and proprietary, but also parts that are best open and free. It's a complicated issue, and requires a different conversation than simply shouting "more" when it comes to intellectual property rights.
In the area of patent policy, the administration seems either split (DOJ/USPTO split on gene patents) or adrift (damages, injunctions, border measures) or in a status quo holding pattern (federal march-in rights on government funded inventions). Ironically, it is a conservative U.S. Supreme Court that has created welcome new flexibilities to infringe patents when the infringements are in the public interest, in a case involving patents and eBay, the online auction system. It would be great if the Obama administration would investigate more systematic reforms that replace strong monopoly control intellectual property paradigms with new right-to-remuneration approaches, in areas where patent thickets make it nearly impossible to innovate without infringement.
In the area of new medicines, strong intellectual property rights exist, but innovation is both extremely expensive and medically disappointing. With few new products and fewer still medically important ones, many experts believe it is time to redesign the system, in order to shift investments to more important innovations, expand access, and to create new incentives to openly share knowledge, materials, data and technologies. So far, the Obama Administration has taken its direction from big drug company lobbyists and blocked the important discussions about innovation at the World Health Organization. A change by the Administration would be exciting, and stimulate hope for positive changes in both innovation and the affordability of new medical technologies -- plus add some coolness points for a surprisingly dull administration.
Some foreign policy issues, such as nuclear proliferation or seats on the US Security Council, should not be introduced into negotiations involving commercial trade policy, as was apparently the case in India in 2004-5, and rumored to have been the case in India in 2010.
Trade policy involving public health is now often seen through the lens of Pfizer, Abbott or Merck, and is expressed through endless US government demands that our trading partners adopt tougher intellectual property rules and embrace higher drug prices. At the same time, the US government is trying to keep promises to provide treatments for AIDS in developing countries, and struggling in its war on cancer and other areas of medical innovation. If trade policy was refashioned through the lens of public health groups, it would focus on negotiations to have other countries share the costs of the global HIV treatment programs. It could also do more in terms of the types of medical R&D now supported by the U.S. National Institutes of Health (NIH), or to pay for R&D to develop new cures for various neglected diseases and conditions (tuberculosis, Chagas disease, pediatric cancer treatments, etc).
Beyond medical innovation there are a large number of areas where public rather than private goods could be the focus of trade policy. Governments around the world have a collective interest in innovation in the area of clean energy, building databases on all sorts of topics, funding relief efforts for global catastrophes, such as earthquakes, hurricanes, floods, tsunamis or famines, and building certain types of global infrastructure. New global digital libraries could be expanded to include newer copyrighted works, with rights lawfully acquired from right owners for global access. Open scholarly journals provide the possibility of vastly expanding access to knowledge. These things all cost money, and are now under funded. Trade policy could be expanded to address the trade related aspects of this, for example, by supporting a new agreement in the World Trade Organization (WTO) on the supply of public goods.
Just demonstrating some evidence that the antitrust laws mean something would be helpful, and then perhaps entering into a deeper conversation about the purpose and role of competition laws in the modern economy, where national governments often try to protect their own monopolies, in the belief that they will screw foreign consumers more than domestic consumers. Some of this analysis could involve actual analysis and gathering of empirical evidence to look at the performance of companies after competition reducing mergers, to see how the mergers have impacted consumers and shareholders, and influenced innovation itself. The Obama administration should also begin to develop legal theories to address a broader range of concerns about concentrations of economic power.
When the Ticketmaster and Live Nation merger was under review, one of the objections to the merger was the undesirable effect of concentration on the freedom of artists to be themselves, without excessive and creativity killing corporate pressures. These are notes from one meeting between consumers and DOJ lawyers reviewing the merger.
There was also considerable discussion about the impact of the proposed merger on cultural diversity and freedom. People talked about the "fear factor" associated with the proposed merger: few performers were willing to say anything about the merger publicly. One participant had quite a bit of information about problems that Pearl Jam faced doing live performances after previously speaking out against TM, and there was discussion of the impact of the Clear Channel consolation of radio stations on the quality of radio stations, and the consequences of losing independent stations. The XM/SR satellite merger had led to the elimination of many interesting stations. People didn't want a single entity determining what acts they would see, or telling acts what to do, or not do. Musicians from lesser known acts didn't want the TM/LN to exercise even more control than they do now. Concerns were also expressed over other aspects of freedom. If artists have to deal with a single entity for live performances, they would be even more vulnerable than now when they express views unpopular with management. People talked about the Dixie Chicks experience, for example.
Unfortunately, these arguments had zero impact on the higher level DOJ officials who allowed the merger to take place.
In the Comcast/NBC Universal merger, Susan Crawford, a former Obama White House official, has drawn attention to the impact of the merger on the diversity of news reporting, making the concrete and persuasive argument that post merger, MSNBC will likely be asked to tone down criticism of Fox News, in order to maintain Comcast carriage of Fox broadcast stations. See the discussion on Daily Kos here, and Susan Crawford's October 13, 2010 comments:
Here's an undeniable problem: What happens to MSNBC post-merger? Right now, it's providing the only response to Fox News. Comcast won't want to irritate Fox -- you can't be a pay-TV distributor without Fox News, in the same way that you can't be a pay-TV distributor without ESPN. Fox News is a truck running downhill. It's a huge player. Comcast has already shown that it will fire reporters that irritate Fox. There are ways to soften MSNBC's edge without overtly firing people. Ease Rachel Maddow out, or upstairs, and replace her with Katie Couric. Find methods for cutting down on the hours of MSNBC commentary in favor of more lifestyle pieces. Let it be known that you'll rise more safely in the hierarchy if you don't make waves that reach the shores of Fox. Comcast is not a programming company at heart. It's a distribution company -- it believes that all the value it offers comes from its distribution network. It won't want to encourage any programming activity that interferes with the very popular, safe, incrementally-rising value of that distribution network.Economic concentration has all sorts of consequences that can be important. I can remember Aventis pressuring General Motors to end its participation in a lobby of "Businesses for Affordable Medicines," PacBell pressuring Intel to stop its opposition to ISDN rate increases, and more generally the tendency of big corporate entities to try to control every aspect of their environment, from the operation of standards bodies to the penetration and influence of governments and legislatures. Increased economic concentration can magnify the problems of excessive corporate power. These issues have always been obvious to the general public, but in recent decades, a determined and well financed public relations and lobbying effort by big corporate players has largely eliminated consideration of these non-price issues in merger reviews. The Obama administration should at the very least begin to revisit these issues that were once front and center in antitrust debates.
Some of the labor issues, such as vacation time, could be the subject of trade negotiations. After all, international competition is often the excuse for cutting all sorts of benefits and making workers worse off. Trade agreements are partly designed to deal with prisoner dilemma and free ridding issues.
Having a visible strategy for starting to deal with these depressing races to the bottom would be welcome, useful, and create a sense of hope and optimism about the future.
Our own area of work involves cases where human rights are highly relevant to access to medical inventions and other knowledge goods. Since 2001, the Bush and Obama Administration have failed to live up to promises that developing countries will have the freedom to use compulsory licensing and other flexibilities in intellectual property laws and agreements to "promote access to medicine for all." Much of this is done behind closed doors, secret from the public, but fully transparent to big pharmaceutical companies and the foreign governments on the receiving end of pressure. However, at other times, the U.S. actions are in the open.
In countries like Thailand, this involves a considerable amount about of lying and subterfuge, and working hand-in-hand with right-wing drug company funded groups, to pressure the government when it tries to expand access to medicines for the 80 percent of the population that is excluded from private insurance markets.
Recently Ambassador Betty King launched a bizarre, over the top, and highly inaccurate attack on the World Intellectual Property Organization's "Development Agenda," and threatened to kill the UN agency unless it abandons efforts to help developing countries implement balanced copyright and patent laws. The U.S. government is also working behind the senses to kill a proposal for a WIPO copyright treaty for exceptions for persons who are blind or have other disabilities, on the grounds that it will set a precedent that would later be used to expand access to educational materials in developing countries. These are all examples of policies that undermine human rights.
So what should the Obama administration do in the next two years? For starters, maybe someone should talk to Ambassador Betty King. The White House should think hard about how the 5 billion persons living with low incomes can afford new medicines, or what it will really take to expand access to accessible copyrighted works for the 273 million blind and visually impaired persons living in developing countries, and ask themselves, do we have people working in key federal agencies (USTR, USPTO, Department of State) who are really committed to the human rights of these people?
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It is to laugh. If a man puts a loaded gun in his mouth and pulls the trigger and the gun functions as expected what can the man do to "fix it?" Similarlly, Obama's coddling of the bankers and his top down (a.k.a. trickle down) approach to fixing the economy are beyond redemption. His Presidency is a waste and a profound disappointment. He won what is called a transformational election and then transformed nothing (the wars, torture, economy, deregulation, Empire, "free" trade are all as in the Bush years). All he did was to destroy any belief or hope in activist governance. He is a total and absolute failure as you will all see when the bills for bailing out the top come due. Enjoy your $6.00 a gallon gas and $5,00 loaves of bread. P.S. I was deceived as well and voted for him.
and has demontrated to anyones satisfaction, that he has no natural leadership skills. The second major problem is his advisors. No president in history has selected advisors as shallow in experience as he is. Only 6% of Obamas economic team have ever had a real job.The third and most concerning is Obamas Galactic superiority complex. It is truly beyond him to believe anyone on earth has the knowledge and gifted insight as he has. They will all be his downfall.
Unfortunately, a huge proportion of voters in the US are way too undereducated and averse to complexity to even understand your proposals. Vast numbers of them flop in front of the TV, absorb and internalize the insidious nonsense of Fox "news" channel, and uncritically internalize the political views purveyed there. They like the simple-minded sound bite packaging of political propaganda. These people allow FOX to seduce them almost subliminally into voting against their own best interests. Our government is being hijacked by Rupert Murdoch and Roger Ailes, O'Reilly, Hannity and the various Barbie dolls on FOX "news" channel.
I'm no longer hopeful about Obama governing rationally, with policies that will support the middle class in the long-term. He rolls too easily when it is expediant. But it would be a big mistake for the left to abandon the Democrats to "send a message". The message they send would allow election of a very destructive Republican government, of quick-buck profiteers and character assassins. We will see a lot of that following the recent mid-term election. The US needs the constructive potential of the Democrats and the left.
1) Get out of Iraq
2) Get out of Afghanistan
Since it seems unlikely he will do either, I will be voting for somebody else - if I bother to vote at all.
"A truly transformational President may be possible in 2012, let's all hope we have that option available"
The full weight of entrenched power and obscene amounts of money have been against any form of "transformation. These forces will fight tooth and nail to maintain the status quo. Why do you think that the GOP states categorically that they will work tirelessly to ensure that Obama will be a one term president? He knows what needs to be done to reform the corrupt system and from where I sit, he is doing his best. He said it best,"I cannot do this alone. I need your help."
"It's not the critic who counts; not the man who points how the strong man stumbled or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly; who errs and comes up short again and again; who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement; and who at the worst, if he fails, at least fails while daring greatly; so that his place shall never be with those cold and timid souls who know neither victory nor defeat."