Saturday, March 18, 2023

It may look like a conspiracy but it is just people responding to incentives

I frequently argue that sets of actions which look like a conspiracy are frequently merely the uncoordinated responses to incentives by independent actors.  El Gato Malo has another example in legalizing stealing.  The subheading is the new privateer navy in service of leviathan and leviathan's cronies.

private property is the bedrock of the idea of free people, free markets, and rights based republics: homes, castles, livelihoods.

and so we are justly outraged by ideas of involuntary takings.

but the fact is that they are everywhere and generally used to advance the aim of the state and its preferred creatures at the expense of we the people.

[snip]

morderna has been a full blown crony all covid. they got their IP for mRNA from the NIH and pay a royalty for it. i’m sure the federales would have some choice words for the company if it decided not to pay them. (as evidenced by the ongoing patent dispute with NIH)

and boy does that make what’s happening now one for the hypocrisy hall of fame:

moderna is being sued by two companies (arbutus and genevant) for violating/misappropriating their intellectual property (IP) and violating their patents on a set of lipid nano-particle tech to encapsulate mRNA and protect it when it’s administered to the bloodstream. this is a technology that is core to the basic function of the vaxx and without which it could not function. so it’s not some ancillary matter. this is “don’t have it, there’s no product” sort of stuff.

this would be a massive liability issue as the royalty for this could easily be 5-10% of sales and so could run to billions of dollars.

and so moderna does not want to pay.

[snip]

quite literally, the moderna argument is “you sued the wrong party in the wrong court and you should be suing the US government because if we stole this, we stole it in their name.”

[snip]

Rather than allowing the case to play out on its own, the Biden administration — via Delaware U.S. Attorney David Weiss — filed a statement of interest in the dispute last month "to relieve Moderna of any liability for patent infringement resulting in performance of the ’-0100 Contract and to transfer to the United States any liability for the manufacture or use of the inventions claimed in the Patents-in-Suit resulting from the authorized and consented acts." 

and this is an incredibly dangerous idea.

it essentially renders all companies selling products to the feds IP privateers enabled and even encouraged to grab any and all IP without license, incorporate it into their products, sell it to the state as massive profit, and then skate off scott free while the taxpayers who were on the hook for this initial profiteering are placed once more in the lurch for IP issues because, let’s remember: “government pays” always and everywhere means “you pay.”

This unthinkingly bad policy but everyone is responding to the incentives most critical to them.  

A case can be made that Moderna did indeed steal private (IP) property to bring their product to market.

The CDC/NIH undertook mistaken public health policies dependent on the Moderna vaccine.

The CDC/NIH gave away the store by indemnifying Moderna without knowing the risks they were covering.

The CDC/NIH does not want to have its public authority further undermined by another major revelation of their incompetence.

Consequently, they are inadvertently taking the position that it is OK for private vendors to steal private property in order to deliver on their government contract.  

All of which further bolsters the argument that Congress has extended too much authority to agencies and ought to be exerting much greater oversight than they have been doing for the past thirty years.

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