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Russia Claims IP Rights In Manufacture of AK-47 502

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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Russia Claims IP Rights In Manufacture of AK-47

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  • by dazedNconfuzed ( 154242 ) on Sunday June 03, 2007 @03:19PM (#19373257)
    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.
  • Good! (Score:2, Interesting)

    by iamacat ( 583406 ) on Sunday June 03, 2007 @03:24PM (#19373295)
    Let gun production grind to a halt due to patent issues. In fact, let RIAA lawyers join the fight to express solidarity of assholes worldwide. The point is, African child soldiers don't know how to make guns. Iraq doesn't have any manufacturing capacity for AK-47s or bombs. Someone has to make those guns and sell it to all those people. If that someone goes to jail for intellectual property violations, all the merrier.
  • Re:Sounds fair to me (Score:5, Interesting)

    by Pode ( 892717 ) on Sunday June 03, 2007 @03:26PM (#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.
  • by reporter ( 666905 ) on Sunday June 03, 2007 @04:02PM (#19373651) Homepage
    "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 meets next week in Germany, one of its biggest if unadvertised concerns will be the snarling behaviour of one of its own members, Vladimir Putin's Russia--and the urgent need for a more coherent Western policy towards it."

    One of the biggest mistakes that we Westerners committed was to admit the Russians into the G-8. The original G-7 was intended to be the group of leading industrialized democracies committed to Western values.

    We admitted the Russians in the hope that, although Russia was still highly non-Western (in, for example, its treatment of sexual-orientation or ethnic minorities), being lenient on Russia would encourage the Russians to modernize their society along Western lines. Well, we were wrong. Just last week, the Russian police smiled in approval as ordinary Russians [nytimes.com] violently beat up participants in a demonstration calling for rights for homosexuals. Some of the victims of the violence were European politicians who had participated into the demonstration.

    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.

    The time has come for us to end this nonsense. We should expel Russia from the G-8, restoring the orignal name of "G-7".

  • by cirby ( 2599 ) on Sunday June 03, 2007 @04:03PM (#19373655)
    Ousama Bin Laden who was considered a good guy back then that was financed by the CIA

    Actually, he wasn't. The US was funding a different set of Afghans versus the Soviets at the time (there were multiple groups fighting them), and bin Laden was getting his support from the Saudis and other Islamists. That's part of the reason he dislikes the US so much - we were funding his competition.

  • Re:Pay or Die! (Score:3, Interesting)

    by kestasjk ( 933987 ) on Sunday June 03, 2007 @04:07PM (#19373691) Homepage
    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.
  • Are you serious? (Score:2, Interesting)

    by v8interceptor ( 586130 ) on Sunday June 03, 2007 @04:17PM (#19373825)
    Of course the AK-47 should be patented. It's the arguably the most recognizable weapon in the world. The technology is irrelevant: to credit the poster it is very well known now and nothing particularly ground-breaking, but we're talking about more of a 'brand' issue here. For better or for worse (and I'm thinking worse), the AK-47 is absolutely ubiquitous with almost every non-Western (from ex-USSR to Somalia to Iraq to Afghanistan) armed force. This is more of a trademark issue, and perhaps that's not quite what the OP was talking about. Just like the VW Beetle and the iPod, the AK-47 is one of the most recognizable symbols in the world.

    That said, the Russians probably have about as much chance of getting royalties for the AK-47 as the Cuban government does for every Che Guevara shirt in the world. But imagine if they did... every Cuban would have a Corvette (well, as long as Fidel was happy with that, but that's another story).
  • by HiThere ( 15173 ) <charleshixsn@@@earthlink...net> on Sunday June 03, 2007 @04:25PM (#19373907)
    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 aware of that have seriously tried have come apart at the seams withing a year, and that's will all members at least claiming to be doctrinally committed. (Admittedly, I'm talking about a very small number when I say "that I'm aware of", and that, in and of itself, is an indication that it's rather unsuccessful.) Usually either the groups disintegrate, or they devolve into a dictatorship. I've knowledge of ONE that turned into a rather unsuccessful democracy. (I don't know whether or not they ever voted to adopt Robert's Rules of Order...but there were a fantastic number of "committee meetings".)
  • Public Domain. (Score:3, Interesting)

    by Erris ( 531066 ) on Sunday June 03, 2007 @04:37PM (#19374023) Homepage Journal

    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, but real inventions should not be confused with software, business methods or grocery lists. Software patents are a bad joke and worse law.

  • Re:Pay or Die! (Score:1, Interesting)

    by Anonymous Coward on Sunday June 03, 2007 @04:41PM (#19374059)
    I presume that would be Hungary? Leo Szillard was the one who came up with the critical idea of the chain reaction.

    If the Eastern Block had thought to use IP during the cold war we might have been unable to threaten them with nuclear weapons?
  • Re:Pay or Die! (Score:3, Interesting)

    by eneville ( 745111 ) on Sunday June 03, 2007 @05:19PM (#19374355) Homepage

    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.
  • *shrug* (Score:4, Interesting)

    by Opportunist ( 166417 ) on Sunday June 03, 2007 @05:27PM (#19374425)
    Jews, Arabs... pick your minority to bash.

    Or how about a bit of gay bashing [liveleak.com]?
  • by spywhere ( 824072 ) on Sunday June 03, 2007 @06:21PM (#19374855)
    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).
  • by leathered ( 780018 ) on Sunday June 03, 2007 @06:59PM (#19375111)
    I'm not going to take the time to dig up links but there's a fair number of videos on YouTube of US soldiers carrying AKs when on patrol. I'm not going to speculate the reasons why.
  • Re:Pay or Die! (Score:3, Interesting)

    by llefler ( 184847 ) on Sunday June 03, 2007 @11:41PM (#19377095)
    she's openly advocated "taking" the profits of the US energy industry for her purposes

    As opposed to taking the profits of average Americans and giving them to the US energy industry. We're talking about companies that are making record profits quarter after quarter by manipulating the system. Currently there are radio ads running trying to convince people to write their congressmen to REDUCE the regulations on the energy industry so they will be free to increase their profits. These ads sound a lot like the ones the cable/telecom industry were running a few months ago trashing net neutrality. Both industries say they need to be free to innovate. Telecom innovated by giving us ISDN, and then DSL once the cable companies gave us faster broadband. The tech was old by the time we got it, and had limited availability because the Bell monopolies previously had no incentive to upgrade their switches.The energy industry innovates by not building a single refinery in 30 years and shutting down refineries 'for maintenance' at the beginning of the summer season. When do you suppose they are going to 'innovate' emission controls and CO2 sequestration at coal powered power plants if the government doesn't threaten to beat them with a big stick?

    BTW, the US government openly takes profits from businesses and individuals every day of the year. That's how we pay for our schools and our roads and our war against terrorism.

    But I'm not worried about scaring you. Your used to that. Politics have been nothing but scare tactics since 9/11.
  • by steveoc ( 2661 ) on Monday June 04, 2007 @01:54AM (#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.

  • Re:Good news (Score:3, Interesting)

    by Yonder Way ( 603108 ) on Monday June 04, 2007 @02:09AM (#19377985)
    The Kalashnikov design is more of a common man's weapon. State budgets can afford better weapons these days. That said, a Kalashnikov is preferred by many to remove tyrants and despots. This is a far nobler cause than eating grass and singing anti-war songs thinking the world is somehow going to be a better place because of it.
  • Re:Pay or Die! (Score:2, Interesting)

    by Cederic ( 9623 ) on Monday June 04, 2007 @02:27AM (#19378115) Journal

    In fairness to Technos (and despite his reply to your post) I was also told by serving military personnel in the 80s that NATO ammunition could be fired from Russian firearms, but not vice-versa, and that this was due to intentional design by the Russians.

    Of course, that was hearsay at the time, and obviously has no validity now. :)
  • Re:Polonium patent? (Score:3, Interesting)

    by Yonder Way ( 603108 ) on Monday June 04, 2007 @03:19AM (#19378443)
    "The AK-47 is just a rip-off of the German MP44."

    Stop the myths, please.

    The STG44 was first on the field. The AK47 design was started three years before that. If you've ever had the opportunity to take them both apart (I have) you will see that they are both original designs.
  • by chefren ( 17219 ) on Monday June 04, 2007 @03:46AM (#19378579)
    Switzerland's variant on direct democracy is certainly the best contemporary example of how it could work.
  • Re:Pay or Die! (Score:2, Interesting)

    by Fifty Points ( 878668 ) on Monday June 04, 2007 @09:04AM (#19380761)

    Without looking it up

    Why without looking it up? Why should we fail to research our own arguments just because you did?
  • Re:Pay or Die! (Score:3, Interesting)

    by bhiestand ( 157373 ) on Monday June 04, 2007 @09:22AM (#19380951) Journal

    There is nothing wrong with criticizing abhorrent behavior, as long as you're willing to accept criticism yourself. The problem I had with the post I replied to was the idea that fear is a worthy response to disagreeing with the politics of another nation.
    At least we agree on something. I'm fully willing to accept criticism of my behavior as well as that of America. I will simply argue and debate when the criticism is incorrect, politically-motivated bullshit such as the following:

    alleged poisonings - Alleged. It was also alleged that Saddam had WMD.
    And it was also alleged that Japan attacked Pearl Harbor. Alleged does not mean "likely untrue" it means "believed to be true but not proven". In scientific terms, it's usually slightly better than a hypothesis.

    building reactors for Iran - several countries export reactors. Iran just happens to be a country that we don't have diplomatic relations with and they say bad things about us. If we still had the relationship with them that we had 30 years ago, we'd be the ones building the reactors. I would rather someone built them reactors and supplied them with fuel than have them continue with their own nuclear processing programs.
    How do you think Iran got their own nuclear processing programs to begin with? Where do you think the enrichment capabilities came from? The reactors? Russia has been helping them since the days America backed Iraq, and Russia will continue to do so for as long as it's an inexpensive (for them) thorn in America's side. While they may not be directly competing with only the US now, one must understand that the major nations are all competing with each other on various fronts: world influence, political influence, territory, technology, the success of their businesses, the growth of their GDP, etc.

    If Russia can make a profit off of helping Iran, knowing it will end badly for Iran but cost America billions of dollars, they'll do it with good reason. The profits will help their economy and the cost to America and its allies will increase Russia's relative gains. There is some pretty damning evidence to suggest that this is exactly what is they're doing.

    suppression of political opposition - because our news isn't processed.
    You're comparing the suppression of political opponents to... Fox news including bias in their reports? !!! I don't even know what to say to that. You might have a valid comparison if President Bush had sent some SEALs to raid and imprison all attendees of the Democratic National Convention. Yes, news corporations, in concert with other large corporations, filter news for us. But the ruling powers don't directly and openly silence, imprison, and murder their political opponents.

    But really, is it any of our business? I don't remember hearing anyone ask for our opinion of their political processes.
    Yes. At the very least, it is our business to stand up and say "hey, those people over there are being oppressed!" Even if we aren't going to do anything about it, at least we can draw attention to it. Europeans should be doing the same thing every time a new sodomy law comes on the books in the US and every time the US imprisons someone for something they do in the privacy of their own home. Who gives a damn if anybody asked for our opinion on it? It's not like saying "hey, Putin's suit is pretty ugly." It's a little closer to "hey, look, Putin just imprisoned 5,000 people for protesting and demanding rights!" Or do you think we shouldn't have commented on Tiananmen Square because the Chinese didn't ask our opinion?

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