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IP: Entrenched interests tried to sue inventor of radio


From: David Farber <dave () farber net>
Date: Wed, 12 Dec 2001 15:58:04 -0500


Date: Wed, 12 Dec 2001 15:49:47 -0500 (EST)
From: Andy Oram <andyo () oreilly com>
To: David Farber <dave () farber net>
Subject: Entrenched interests tried to sue inventor of radio

http://www.oreillynet.com/cs/weblog/view/wlg/953

Entrenched interests tried to sue inventor of radio

   by Andy Oram
   Dec. 12, 2001

   This date marks a sterling moment in the history of technology: one
   hundred years ago, on December 12, 1901, Gugliemo Marconi became the
   first person to pick up radio signals transmitted across an ocean.

   The triumph was quickly followed by one of the most ignominious acts in
   the history of technology: one of the most powerful firms in
   communications, the Anglo-American Telegraph Company, tried to stop
   Marconi from developing his innovation by threatening a lawsuit.

   We hear a lot these days of powerful companies with effective
   monopolies (like local telephone incumbents or copyright holders) using
   the law to squelch new technologies; it is a theme being debated
   particularly now with the appearance of Lawrence Lessig's book The
   Future of Ideas. To recognize what is at stake, it helps to recall
   earlier bouts in the fight between easy profits and long-term progress.

   The controversy was brought to my attention by an article in today's
   Boston Globe newspaper; I filled in some details from a children's book
   (the best source my local library had to offer) called Marconi: Father
   of Radio, by David Gunston.

   Before December 1901, radio had been used for short hops and even
   transmissions across the English Channel. But it was Marconi who tried
   a wildly audacious experiment: cross-Atlantic transmission. He set up
   one station in South Cornwall, England, and another in Newfoundland
   (not yet a province of Canada). The infrastructure required was
   formidable; Marconi had to send up kites to catch the signal, because
   the weather was too rough for a balloon. No theory predicted that the
   transmission would work. But on December 12, he sat in Newfoundland and
   heard the clicks of the letter S sent in Morse Code by his colleagues
   from England. He had serendipitously come across the band of
   atmospheric ions that bears the name of Heaviside, the scientist who
   identified it the following year.

   All rights to telegraph transmission in Newfoundland. however, were
   legally held by the Anglo-American Telegraph Company, which had
   invested enormous sums to lay cables across the Atlantic. Their threat
   of a lawsuit drove Marconi out of Newfoundland. He articulately and
   calmly pointed out the threat of innovation that still scares the cable
   companies of our day, along with telephone companies, music studios,
   and a host of other rich corporations: "The cost of laying cables is so
   large that the companies have to charge a high price for the service.
   My system will cheapen the cost very greatly."

   Some things are very much the same one hundred years later. But certain
   key things are different: in Marconi's case, he was championed by
   governments instead of being crushed by them. In Newfoundland, support
   by the government did not help his case. But the Canadian government
   welcomed him and paid for a transmission tower to aid further
   experiments. There lies another difference between 1901 and 2001:
   rather than provide havens for experimenters, nations today are
   "harmonizing" their laws and signing cybercrime treaties that require
   them to act as each other's prosecutors.

   There's a happy ending, of course: Marconi set up a company (which
   underwent a number of vicissitudes that are beyond the scope of this
   weblog) and radio became a key element of modern life. And guess what?
   Underwater cables are still a critical part of communications
   infrastructure too. Companies that are willing to adapt can find a path
   into the future. Let us remember this when we are told to fear what new
   ideas bring.

----------------------------------------------------------------------
Andy Oram  O'Reilly & Associates, Inc.        email: andyo () oreilly com
Editor     90 Sherman Street                       voice: 617-499-7479
           Cambridge, MA 02140-3233                  fax: 617-661-1116
           USA                          http://www.oreilly.com/~andyo/
Stories at Web site:
The Bug in the Seven Modules     Code the Obscure     The Disconnected
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