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Russia Claims IP Rights In Manufacture of AK-47

Posted by kdawson on Sun Jun 03, 2007 02:01 PM
from the kalashnikov's-yer-uncle dept.
Daniel Dvorkin writes "In the latest example of over-the-top intellectual property demands, Russia wants licensing fees for the production of AK-47s. According to first deputy prime minister Sergei Ivanov, the unlicensed production of Kalashnikovs (which have been around in very nearly their current form for 60 years) in ex-Soviet Bloc countries is 'intellectual piracy.' A giant but declining power starts demanding royalties on commonly used methods and materials that are widely understood, well known, and by any reasonable standard have long been in the public domain — does this sound familiar?" Wikipedia notes that the Izhevsk Machine Tool Factory in Russia obtained a patent on the manufacture of the AK-47 in 1999.
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  • Pay or Die! (Score:4, Funny)

    by Howitzer86 (964585) on Sunday June 03 2007, @02:05PM (#19373139)
    This is interesting. Russia... demanding IP? Wow. What are they going to do if their demands are ignored? Invade?
    • by LiquidCoooled (634315) on Sunday June 03 2007, @02:10PM (#19373173) Homepage Journal
      No, they will change the manufacturing process to stop those dastardly internet pirates.
      Every single bullet on the planet will be recoded to stop working in old unpatched guns.
      • Re: (Score:3, Interesting)

        No, they will change the manufacturing process to stop those dastardly internet pirates.
        Every single bullet on the planet will be recoded to stop working in old unpatched guns.

        you say this... but i remember hearing that soviet ak47's have a slightly larger round than the exported model. the reason being that if they capture enemy weaponry they could use the smaller rounds in the russian model, but the enemy who capture russian rounds is shit outta luck. how true this is i cannot say, as i would think that the chamber should be a snug fit for the ammo.

            • Re:Pay or Die! (Score:5, Informative)

              by Zero_DgZ (1047348) on Sunday June 03 2007, @07:28PM (#19375773)
              I suggest you brush up on your firearm facts before you try to rent an AK at the range. The AK-47 is 7.62x39. 7.62x54R is a full sized, rimmed rifle round chambered in the likes of heavy war rifles like the Mosin-Nagant, Dragunov, some variants of Mauser rifle, and so forth. Not only is a x54R ludicrously overpowered for the AK's operating mechanism, the case of the x54R is longer than a complete 7.62x39 cartridge. The two calibers aren't even close in terms of powder charge, bullet mass, or ballistics. The only thing 'similar' about them is that both will fit bullets down a 7.62mm bore and both are used by Russians.

              It is of note that 7.62x51 NATO will not chamber and fire in an AK (x39) or any x54R chambered firearm - The former because the NATO round is way too long to even remotely safely chamber, and the latter because the NATO round is shorter and not rimmed and will swim around in the x54R chamber, probably rupturing the case on ignition if the firing pin reaches the primer at all.

              Long rant made short: Don't try to sound smart on topics about which you know nothing. Check your facts; Hollywood isn't a source.
              • Re:Pay or Die! (Score:5, Insightful)

                by technos (73414) on Sunday June 03 2007, @08:08PM (#19376055) Homepage Journal
                My apologies, and thank you for the correction. I actually looked, and I am not only 100% wrong but you are 100% right.

                In my defense, I was remembering a conversation eight years past with a neighbor fifty years my senior. And hosing it. That or Sully hosed it in the first place, I'm not sure.
    • Re:Pay or Die! (Score:4, Insightful)

      by linuxmeltz (815217) on Sunday June 03 2007, @02:14PM (#19373203)
      Nahhh, invading is sooo old school-- they'll just point some ballistic weapons your way and cut off your gas supply..
    • by aesdesdesdes (985569) on Sunday June 03 2007, @02:28PM (#19373333)
      Ok now what idiot is gonna be the first to try enforce the patents on the A-bomb?
    • "The Economist" recently published a concise summary of relations between the West and Russia [economist.com]. The summary stated, "DEMONSTRATORS thrashed on the streets of Moscow; the impending mugging of another big energy firm, this one part-owned by BP; cyberwarfare against a small neighbour; the bellicose testing of a new ballistic missile, supposedly able to bypass the American missile-defence system about which the Kremlin fulminates--and all that was only in the past fortnight. When the G8 group of rich countries
      • ...The Russians make a mockery of the G-8 and its principles. This demand for licensing fees on supposed patents of a 60-year-old technology is the latest in a string of non-Western activities...

        That doesn't sound non-Western to me. I wish it did, but wishes don't make truth.

      • by sanman2 (928866) on Sunday June 03 2007, @04:51PM (#19374637)
        What crap. Same old Russia-baiting BS. The US has gone out of its way to damage relations with Russia. Look at how Yeltsin's concentration of powers and suppression of political opponents was vigorously supported by the US -- just as long as he was dismantling Russia, the US didn't care. But as soon as someone isn't playing ball with Uncle Sam, then the diatribes start. Sorry, but there's no credibility in that.
        • by baldass_newbie (136609) on Sunday June 03 2007, @07:06PM (#19375615) Homepage Journal
          Look at how Yeltsin's concentration of powers and suppression of political opponents was vigorously supported by the US -- just as long as he was dismantling Russia, the US didn't care.

          Mod parent up as insightful. Buddy of mine had a grad school prof who was a Russian expert that was called in by Clinton. Told Bubba that he should support Democracy and not Yeltsin.
          Ol' Bubba loved dealing with a drunk Yeltsin too much to do the noble thing and...we have reaped what he sowed.
          I watched it happen and thought it was a bad idea to support Yeltsin, but Clinton felt he was getting a patsy, thinking short term and not about the future or the damage his actions might have on others.
      • by Ash Vince (602485) on Sunday June 03 2007, @06:24PM (#19375273) Journal
        What a crock of shit.

        The current western version of democracy is just public relations theory. It is about making the public think they have some say in who rules their country without actually giving them too much. The problem is that we are given such a small selection of people to choose who will rule us from (2 in the US) that it does not actualy count as a democracy according to the strict (original) definition.

        The other problem is that once a particular person / party has been elected they are very hard to remove from power even if they make some very unpopular decisions. A better description of the current system in the US or UK (or Russia for that matter) would be an elected dictatorship. Some countries in Europe do slightly better by allowing proportional representation rather than "first past the post" but these still probably would not count as a democracy in the orignal sense.

        One problem with current democracy is that you need huge amounts of money to get elected, this rules out most people. This may also explain why both of the frontrunner democratic candidates (Barrack and Hillary) have taken money from the RIAA even though a great deal of the american population (I have not said majority of the US population so lets not get into semantics) voted them the worst company in the US.
        (The source for this is here: http://consumerist.com/consumer/worst-company-in-a merica/contact-information-for-50-politicians-who- take-campaign-money-from-the-riaa-264638.php [consumerist.com])

        Anyone who has read this far might find it interesting too look at the definition of Democracy with respect to constitutional republics as defined on the wikipedia page here:

        http://en.wikipedia.org/wiki/Democracy [wikipedia.org]

        Please also note that I am not trying to argue that one is superior to the other, I am just trying to suggest that democracy is often overrated when used in the modern context of the word.

        I also take issue with you implying that western democracies are impartial with regard to race or sexual orientation. Until the US elect a black gay man as president or the US senate is made up of the same balance as the general population I think this is a hard case to make. Wikipedia also has a good page on this here: http://en.wikipedia.org/wiki/Racial_demographics_o f_the_United_States [wikipedia.org]. Once the senate (and the senators who chair select commitees) have a simlar racial makeup and you will have a valid point but until then it still amounts to public relations theory.

        In many ways the US is moving away from impartiality in politics with regard to sexual orientation as religion becomes higher on the list of criteria people consider when choosing how to cast their vote.

        In my view the primary western value in recent years has been profit, and Russians have certainly embraced this with open arms. That is what the whole IP issue with regard to AK's is all about. They want money for people using what is a Russian state design (and a damn good one). The man who invented and designed the original AK was at the time of its design, a serving Russian military officer. If wanting to get money for what you or your employees invent is not a western value then where does the current US stance on copyright come from?
    • Re: (Score:3, Interesting)

      Russia are getting scarier and scarier recently. New missile tests, alleged poisonings, building reactors for Iran, suppression of political opposition. More than a little worrying, especially the pace it seems to be going at.
      • Re: (Score:3, Insightful)

        America are getting scarier and scarier recently. Invading sovereign nations, new missile installations, secret CIA prisons, human rights violations of 'enemy combatants', an administration that disregards world opinion. More than a little worrying, especially the pace it seems to be going at.
          • Re:Pay or Die! (Score:4, Insightful)

            by MsGeek (162936) on Sunday June 03 2007, @07:08PM (#19375641) Homepage Journal
            Folks like you are what scares me. Comparing the nightmarish kleptocracy/dictatorship in the USA to the nightmarish kleptocracy/dictatorship Russia has become is quite realistic. If you prefer the Russian model, vote for Giuliani: he's openly advocated more "preventative war" in the Middle East and elsewhere. Yep-- denounce individualism, appeal to fear, give no-bid contracts to your cronies -- vote GOP!
              • Re:Pay or Die! (Score:4, Insightful)

                by jafac (1449) on Monday June 04 2007, @10:49AM (#19382831) Homepage
                Um - even Halliburton's CEO said that the job was too big for his company.

                That's what subcontractors are for.

                The argument that Halliburton was the only company big enough for the job is so completely bogus, it's laughable. That's the ignorant Sunday afternoon talkshow talking point.

                The Pentagon could have farmed it out to a number of smaller contractors, with anyone else being a primary, and the rest a sub, or they could have split it up to a smaller number of contracts with multiple primaries. This no-bid contract was pure war-profiteering. Nothing more. The proof is in the result. The amount of fraud and waste in this deal is the worst in history. And that was determined under a regime of very unusually relaxed bookkeeping rules that Congressional Republicans pushed strongly for.
  • by wumpus188 (657540) on Sunday June 03 2007, @02:07PM (#19373145)
    Open source it?
    • Re: (Score:3, Interesting)

      Why not? Better to have an organized process promoting design improvement than the long-tired attempt to take financial control far too late and to the detriment of further production & enhancement.

      The Western AR-15 design has been wildly successful in this regard, with what is a de-facto open-source system. It's a highly modular design which has been widely tested with numerous production variations, accessories, and consumables.
        • Re: (Score:3, Informative)

          Ah, but that's been fixed with new, gas-piston uppers from companies such as Bushmaster and H&K that don't defecate where they eat. Yay for open source guns!
    • The AK-47 was developed under what is arguably the worst state monopoly system in history and is public domain. Specific improvements might be patented but many people paid a heavy price for it's original development and production. Ironically enough, it probably violated several western patents at the time but not even the USSR had the nerve to own ideas outside it's territory. Other nations and companies were free to make AK-47 all day long until the 1999 patent.

      So yes, it was open source in a way,

    • Re: (Score:3, Insightful)

      Salon.com actually refers to the AK-47 as the "the world's most popular open-source assault rifle" in an article from yesterday [salon.com]. When I saw this article in my RSS reader I thought it would be pointing to that article. It compares the AK-47 to the QWERTY keyboard and attributes its success to the fact that no one has a patent on the design.
  • Sounds fair to me (Score:4, Insightful)

    by dattaway (3088) on Sunday June 03 2007, @02:07PM (#19373147) Homepage
    They got a patent. Doesn't matter who they bribed to get it. Its the law. Pay up.

    This is what we get for playing IP games and "owning" ideas.
    • Re:Sounds fair to me (Score:5, Interesting)

      by Pode (892717) on Sunday June 03 2007, @02:26PM (#19373309)
      Mod parent up for being exactly correct, this is precisely what we get for playing IP games. Unfortunately I can't source this from memory, but I read not long ago in international news coverage of this issue that Russians have essentially admitted this stance is a direct result of US diplomats in the back pocket of the MPAA raising hell about AllOfMP3.com and resisting Russia's application for membership in some international trade organization on the basis of unpaid royalties. Russia countered by demanding the US, as a member of said organization, abide by its IP laws and pay Russia royalties for all the AK's the CIA has had manufactured and distributed over the years. Russia doesn't want to collect money from Outer Bungholistan, they'd have to pay in goats anyway. It's specifically tit for tat with the US. If Russia has to pay royalties for US IP copied and distributed to US customers, the US should have to pay Russia for Russian IP copied and distributed to US puppets.
      • ...except the CIA never really did what you dreamed they did (the Russian claim is like many - it never had any basis in reality).

        Why manufacture AK-47s when they could buy them by the thousands in the open market, from Soviet factories, or from their clients around the world at pennies on the dollar?

        The only people the Russians are going after right now are companies that, when they went into production of the rifle, were ORDERED to make them - not exactly a good argument for intellectual property rights,
    • Probably not (Score:3, Informative)

      Unfortunately, according to their own patent laws, they can't patent the AK-47.

      "The invention shall be granted legal protection if it is novel,
      possesses an inventive level and is commercially applicable."

      Since it's been in production for over 50 years, it's certainly not "novel."

      If they argue for patentability from the initial design, then the patent time lapsed many years ago (their protection limits max out at 20 years).

      So no, it's not "the law," it's just Russia being Russia.
      • by Tom Womack (8005) <tom@womack.net> on Monday June 04 2007, @04:33AM (#19379233) Homepage
        Romania is probably the hardest country of Eastern Europe to intimidate by means of gas supplies; it has quite substantial local production of oil (Ploesti used to be the oil capital of Europe) and of natural gas, a couple of modern nuclear reactors at Cernavoda on the Black Sea coast, and exports electricity.

        Central Romania feels very energy-poor, but that's an infrastructure rather than an availability issue; it's a big place, and not a wealthy one, and they haven't yet got round to putting in the wires and the pipes universally.
  • by bigtangringo (800328) on Sunday June 03 2007, @02:09PM (#19373167) Homepage
    Sounds to me like it's the company with the patent that's asking for royalties, not Russia itself.
  • by MikeRT (947531) on Sunday June 03 2007, @02:12PM (#19373195) Homepage
    Take a good look at the countries that commonly use AK-47s. You're not likely to find a whole of big fans of intellectual property rights there.
  • Update. (Score:3, Informative)

    by ushering05401 (1086795) on Sunday June 03 2007, @02:16PM (#19373225)
    Izhevsk Machine Tool Factory, referred to in the summary no longer exists as such. It is now commonly referred to as Izhmash (a collaborative of multiple guv owned manufacturing sites in the region), is owned by the government, and has been granted the right to produce contracts with whoever they want without governmental approval... giving them a leg up over most competition.

    For a list of AK-47 producing sites follow the link: http://www.ak-47.us/AK47_Factories.php [ak-47.us]

    Regards.
    • Re:Update. (Score:5, Informative)

      by Cyberax (705495) on Sunday June 03 2007, @03:21PM (#19373857)
      Actually, Izhevsk Machine Tool Factory (IZHevsky MASHinostroitelny zavod in Russian) IS Izhmash. It is still alive and well.

      I know this because my parents live in Izhevsk and work at Izhevsk Mechanical Factory (Izhevsky Mechanichesky Zavod) which makes hunting and sport rifles.
  • Prior art, etc. (Score:5, Insightful)

    by ktakki (64573) on Sunday June 03 2007, @02:17PM (#19373233) Homepage Journal
    From what I understand, Mikhail Kalashnikov based parts of the AK-47 design on various other weapons. The trigger group and bolt resemble those of the M1 Garand, and the pistol grip and gas assembly resemble those of the German StG44 (widely considered to be the first true assault rifle). [Source: AK47, Duncan Long, Paladin Press 1988] How much original content must a design have before it can be patentable?

    During the Cold War, at least a dozen Warsaw Pact and non-aligned countries produced copies and variants of the AK47, with the Soviet Union's tacit, if not overt, blessing. Even now, new AKs are being built by blacksmiths in Pakistan and US gunsmiths (the latter do this to comply with ATF regulations that prohibit import of receivers and assembled rifles).

    Now that the Cold War is over, Russia wants to get paid? I'd think that with all their oil and gas income, licensing fees would be a pittence by comparison.

    k.
  • by David20321 (961635) on Sunday June 03 2007, @02:20PM (#19373269)
    I'm glad I'm not the debt collector.
  • by brogdon (65526) on Sunday June 03 2007, @02:51PM (#19373575) Homepage
    I get my weapons from allofrifle.com

    They say it's totally legal
  • by steveoc (2661) on Monday June 04 2007, @12:54AM (#19377869)
    Firstly, the AK-47 itself is a derivative of the excellent German Sturmgewehr MP44, which came into mass production at the end of WW2. The Mp44 used the same 7.92mm calibre round as other German weapons, but with a much shorter cartridge, since it was reasoned that most small arms combat took place at ranges under 400m, and so a huge long range charge was not required. The benefits of this were many - cheaper to make, more ammo could be carried, and the sustained rate of fire could be higher due to the lower muzzle velocity.

    So there is a strong case for prior art, with patents (?) already held by the National Socialist Workers Party of Germany.

    After this point, the AK-47 used a different manufacturing technique to greatly simplify the build compared to the MP44. However, these simplified blueprints are very very closely related to the Tokarev SVT. If you have ever stripped down an SVT, and compared this to an AK, you will see they are pretty much the same construction techniques, just in a different scale.

    Secondly - I dont know if anyone can remember 'The Soviet Union', but it was a communist state based on the ideals of Marxism, geographically located to the East of Europe. Its a 20th Century thing - ancient history. The 'rights' to the AK47 lie entirely with the Soviet state. NOT Russia - but the Soviet Union, which is a different animal entirely. Unless of course Mr Putin wishes to disagree ...

    Thirdly, being a Soviet state, the 'intellectual property' produced by that state belongs to the workers, and not just the workers who form part of the collective of that state, but all the workers of the world. The AK47 was, if you like, GPL'ed to the point where all workers of the world were free (even encouraged) to make millions of copies of the people's machine gun, and use this tool to overthrow their Fascist, Capitalist, Monarchist oppressors.

    So don't pay attention to the lawyers good people - if you find yourself slaving away 60+ hours a week to make other people rich whilst you can barely put food on your table - then by all means, get together with your comrades and build yourselves some AK47's. Anyone that denies you that basic right is a Capitalist oppressor and a Fascist invader of the Motherland.

    • Murder by poison is a fine tradition in spycraft. The "prior art" rule would prevent polonium from being patented.
      • Sorry, that's not proven to be correct.

        Although being rather similar in design, one can not say AK-47 would be a rip-off of Sturmgewehr-44 (I suppose that's what you meant with "MP44").

        Even wikipedia.de states your oppinion as merely a theory supported by some, not as a commonly accepted fact.
    • Re: (Score:3, Interesting)

      That's a straw-man.

      Russia MAY have been headed towards communism for a few years under Lenin. Never since then has it even tried to be communist. They used the rhetoric, but that's something different.

      FWIW, this was probably wise of them. I may not like dictatorships, but at least they can be made to, sort of, work. I'm not convinced that communism could ever be made to work on larger than a village scale. Even then it's iffy. And I doubt that Marxism could ever work on ANY scale. Groups that I'm awa
    • If the "brand" had been trademarked, the fact that everyone is using it generically would invalidate it, as would the fact that it has never been defended. And considering how available the technology is, that Russian patent probably isn't worth its weight in toilet paper.
    • Later versions of the Kalashnikov design are just different calibers of the same firearm. The differences between an AK-47 and an AK-74 are much smaller than between Office 2000 and Office 2003.

      (Anyway, mine's legal: I own a Saiga-12, a 12-gauge semi-auto Kalashnikov shotgun manufactured by Ishmash in Izhevsk. It's the fastest, most reliable semi-auto shotgun on God's gray Earth, for only about $400. Even in that huge caliber, it's pretty much the same gun).