The Bell inequality: applying the lessons of compulsory licensing to AI/ML and the Big 5
摘要
Silicon Valley is viewed as an exemplar of rapid progress and innovation, but the US Government’s role in its origins is often overlooked. In 1956, as a result of anti-competitive behavior, Bell Corporation entered into a consent decree with the Department of Justice which enforced compulsory licensing of all its patents. This licensing led to a dramatic change in the dynamics around the development of the transistor, resulting in an era of growth and innovation that fundamentally altered the world and established the US’s dominance in computing and high-tech industries. Today, the situation with artificial intelligence parallels that of the transistor, with the Big 5 technology companies—Alphabet/Google, Apple, Meta/Facebook, Microsoft and Amazon—playing the role of the Bell System in controlling patents surrounding the technology and engaging in similar anti-competitive behavior. This paper serves as an exploration of major questions surrounding Artificial Intelligence/Machine Learning (AI/ML), innovation and the Big 5. In this paper we: explore how AI/ML differs from other general purpose technologies (GPT); discuss why AI/ML, as a nascent GPT needs additional protection; and discuss why applying compulsory licensing of artificial intelligence patents on the Big 5 may be essential for ensuring that the US economy reaps the rewards of the coming technological boom. We draw parallels between Bell’s behavior and that of the Big 5 today, including their anti-competitive behaviors, argue that compulsory licensing of the Big 5’s AI intellectual property can be the appropriate remedy, and examine the risks and benefits of enacting such measures.