Intellectual property

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This article is about the legal concept. For the 2006 film, see Intellectual Property (film).

Intellectual property law
Primary rights
Copyright • Authors' rights • Related rights • Moral rights • Patent • Utility model • Trademark • Geographical indication • Trade secret
Sui generis rights
Database right • Indigenous intellectual property • Industrial design right • Mask work • Plant breeders' rights • Supplementary protection certificate
Related topics
Criticism • Orphan works • Public domain • more

Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized—and the corresponding fields of law.^[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the United States.^[2] The British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origin of copyright and patent law respectively.^[3]

Contents [show] 1 History 2 Objectives 2.1 Financial incentive 2.2 Economic growth 3 Criticism 3.1 The term itself 3.2 Limitation 4 See also 5 Notes 6 References

[edit] History

This article or section may contain previously unpublished synthesis of published material that conveys ideas not attributable to the original sources. See the talk page for details. (November 2009)

Main articles: History of patent law and History of copyright law

Modern usage of the term intellectual property goes back at least as far as 1888 with the founding in Bern of the Swiss Federal Office for Intellectual Property (the Bureau fédéral de la propriété intellectuelle). When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they also located in Berne, and also adopted the term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property. The organisation subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. According to Lemley, it was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention),^[2] and it did not enter popular usage until passage of the Bayh-Dole Act in 1980.^[4]
"The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558-1603) for monopoly privileges... Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a legal [right] obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention... [demonstrating] the evolution of patents from royal prerogative to common-law doctrine." ^[5]
In an 1818 collection of his writings, the French liberal theorist, Benjamin Constant, argued against the recently introduced idea of "property which has been called intellectual."^[6] The term intellectual property can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown., in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears." (1 Woodb. & M. 53, 3 West.L.J. 151, 7 F.Cas. 197, No. 3662, 2 Robb.Pat.Cas. 303, Merw.Pat.Inv. 414). The statement that "discoveries are...property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years."^[7] In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846.
The concept's origins can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century.^[8] The Talmud contains the prohibitions against certain mental crimes (further elaborated in the Shulchan Aruch), notably Geneivat da'at (גניבת דעת, literally "mind theft"), which some have interpreted^[9] as prohibiting theft of ideas, though the doctrine is principally concerned with fraud and deception, not property.

[edit] Objectives

[edit] Financial incentive

These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of and investment in intellectual property, and, in case of patents, pay associated research and development costs.^[10] Some commentators, such as David Levine and Michele Boldrin, dispute this justification.^[11]

[edit] Economic growth

The existence of IP laws is credited with significant contributions toward economic growth.^{[citation needed]} Economists estimate that two-thirds of the value of large businesses in the U.S. can be traced to intangible assets.^{[citation needed]} "IP-intensive industries" are estimated to generate 72 percent more value added (price minus material cost) per employee than "non-IP-intensive industries".^{[12][dubious – discuss]}
A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth." ^[13] Other models, such as the Nash equilibrium, would not expect that this correlation necessarily means causation: The Nash equilibrium model predicts that patent holders will prefer to operate in countries with stronger IP laws.^{[neutrality is disputed]} In some of the cases, as was shown for Taiwan^[14] after the 1986 reform, the economic growth that comes with a stronger IP system might be due to an increase in stock capital from direct foreign investment.

[edit] Criticism

Main article: Criticism of intellectual property

[edit] The term itself

Richard Stallman argues that, although the term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion." He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates a "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights".^[15] Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term.

[edit] Limitation

Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health, preventing progress, and benefiting concentrated interests to the detriment of the masses,^[16][17] and argue that the public interest is harmed by ever expansive monopolies in the form of copyright extensions, software patents and business method patents.
There is also criticism^{[by whom?]} because strict intellectual property rights can inhibit the flow of innovations to poor nations. Developing countries have benefitted from the spread of developed country technologies, such as the internet, mobile phone, vaccines, and high-yielding grains. Many intellectual property rights, such as patent laws, arguably go too far in protecting those who produce innovations at the expense of those who use them.^{[citation needed]} The Commitment to Development Index measures donor government policies and ranks them on the "friendliness" of their intellectual property rights to the developing world.
Some libertarian critics of intellectual property have argued that allowing property rights in ideas and information creates artificial scarcity and infringes on the right to own tangible property. Stephan Kinsella uses the following scenario to argue this point:

[I]magine the time when men lived in caves. One bright guy—let's call him Galt-Magnon—decides to build a log cabin on an open field, near his crops. To be sure, this is a good idea, and others notice it. They naturally imitate Galt-Magnon, and they start building their own cabins. But the first man to invent a house, according to IP advocates, would have a right to prevent others from building houses on their own land, with their own logs, or to charge them a fee if they do build houses. It is plain that the innovator in these examples becomes a partial owner of the tangible property (e.g., land and logs) of others, due not to first occupation and use of that property (for it is already owned), but due to his coming up with an idea. Clearly, this rule flies in the face of the first-user homesteading rule, arbitrarily and groundlessly overriding the very homesteading rule that is at the foundation of all property rights.^[18]

Other criticism of intellectual property law concerns the tendency of the protections of intellectual property to expand, both in duration and in scope. The trend has been toward longer copyright protection^[19] (raising fears that it may some day be eternal).^{[20][21][22][23]} In addition, the developers and controllers of items of intellectual property have sought to bring more items under the protection. Patents have been granted for living organisms,^[24] and colors have been trademarked.^[25] Because they are systems of government-granted monopolies copyrights, patents, and trademarks are called intellectual monopoly privileges, (IMP) a topic on which several academics, including Birgitte Andersen^[26] and Thomas Alured Faunce^[27] have written.
In 2005 the RSA launched the Adelphi Charter, aimed at creating an international policy statement to frame how governments should make balanced intellectual property law.

[edit] See also

Wikiquote has a collection of quotations related to: Intellectual property

• List of intellectual property-related topics

[edit] Notes

1. ^ Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1999-2008. ISBN 973-58852-086-9^{[verification needed]}
2. ^ ^{a b} " property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley, Property, Intellectual Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4.
3. ^ Brad, Sherman; Lionel Bently (1999). The making of modern intellectual property law: the British experience, 1760-1911. Cambridge University Press. pp. 207. ISBN 9780521563635. http://www.google.com/books?id=u2aMRA-eF1gC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s. 
4. ^ Mark A. Lemley, "Property, Intellectual Property, and Free Riding" (Abstract); see Table 1: 4-5.
5. ^ Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550-1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001
6. ^ (French) Benjamin de Constant de Rebecque, Collection complète des ouvrages publiés sur le gouvernement représentatif et la constitution actuelle de la France: formant une espèce de cours de politique constitutionnelle, P. Plancher, 1818, p. 296.
7. ^ A Brief History of the Patent Law of the United States
8. ^ Jewish Law and Copyright
9. ^ The New York Sun Fighting for Intellectual Property Rights.
10. ^ Prudential Reasons for IPR Reform, University of Melbourne, Doris Schroeder and Peter Singer, May 2009
11. ^ Levine, David; Michele Boldrin (2008-09-07). Against intellectual monopoly. Cambridge University Press. ISBN 978-0521879286. http://www.dklevine.com/papers/imbookfinalall.pdf. 
12. ^ Economic Effects of Intellectual Property-Intensive Manufacturing in the United States, Robert Shapiro and Nam Pham, July 2007 (archived on archive.org).
13. ^ Measuring the Economic Impact of IP Systems, WIPO, 2007.
14. ^ Lo, S-T. (2004). "Stregthening (sic) Intellectual Property Rights: Experience from the 1986 Taiwanese Patent Reforms". UCLA, Dept. of Economics.. http://www.international.ucla.edu/article.asp?parentid=10985. 
15. ^ Richard M. Stallman. "Did You Say "Intellectual Property"? It's a Seductive Mirage". Free Software Foundation, Inc. http://www.gnu.org/philosophy/not-ipr.xhtml. Retrieved 2008-03-28. 
16. ^ On patents - Daniel B. Ravicher (August 6, 2008). "Protecting Freedom In The Patent System: The Public Patent Foundation's Missi...". http://www.youtube.com/watch?v=d0chez_Jf5A. 
17. ^ Joseph Stiglitz (October 13, 2006). "Authors@Google: Joseph Stiglitz - Making Globalization Work.". http://www.youtube.com/watch?v=UzhD7KVs-R4#t=16m05s. 
18. ^ N. Stephan Kinsella, Against Intellectual property (2008), p. 44.
19. ^ E.g., the U.S. Copyright Term Extension Act, Pub.L. 105-298.
20. ^ Mark Helprin, Op-ed: A Great Idea Lives Forever. Shouldn't Its Copyright? The New York Times, May 20, 2007.
21. ^ "Against perpetual copyright". http://wiki.lessig.org/index.php/Against_perpetual_copyright. 
22. ^ Eldred v. Ashcroft Eldred v. Ashcroft, 537 U. S. 186 (2003)
23. ^ Mike Masnick (May 21, 2007). "Arguing For Infinite Copyright... Using Copied Ideas And A Near Total Misunderstanding Of Property". techdirt. http://www.techdirt.com/articles/20070521/015928.shtml. 
24. ^ Council for Responsible Genetics, DNA Patents Create Monopolies on Living Organisms. Accessed 2008.12.18.
25. ^ For example, AstraZeneca holds a registered trademark to the color purple, as used in pill capsules. AstraZeneca, Nexium: Legal. Accessed 2008.12.18.
26. ^ Birgitte Andersen. Intellectual Property Right' Or 'IntellectualMonopoly Privilege': Which One Should PatentAnalysts Focus On? CONFERÊNCIA INTERNACIONAL SOBRE SISTEMAS DE INOVAÇÃO E ESTRATÉGIAS DE DESENVOLVIMENTO PARA O TERCEIRO MILÊNIO • NOV. 2003
27. ^ Martin G, Sorenson C and Faunce TA. Balancing intellectual monopoly privileges and the need for essential medicines Globalization and Health 2007, 3:4doi:10.1186/1744-8603-3-4. http://www.globalizationandhealth.com/content/3/1/4 "Balancing the need to protect the intellectual property rights (IPRs) ("which the third author considers are more accurately described as intellectual monopoly privileges (IMPs)) of pharmaceutical companies, with the need to ensure access to essential medicines in developing countries is one of the most pressing challenges facing international policy makers today.")

[edit] References

• Krattiger et al 2007 "Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices", Managing Innovation for a Better World
• Arai, Hisamitsu. "Intellectual Property Policies for the Twenty-First Century: The Japanese Experience in Wealth Creation", WIPO Publication Number 834 (E). 2000. [1]
• Boldrin, Michele and David K. Levine. "Against Intellectual Monopoly", 2008. [2]
• Hahn, Robert W., Intellectual Property Rights in Frontier Industries: Software and Biotechnology, AEI Press, March 2005.
• Branstetter, Lee, Raymond Fishman and C. Fritz Foley. "Do Stronger Intellectual Property Rights Increase International Technology Transfer? Empirical Evidence from US Firm-Level Data". NBER Working Paper 11516. July 2005. [3]
• Connell, Shaun. "Intellectual Ownership". October 2007. [4]
• Farah, Paolo and Cima, Elena. "China’s Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Transparency Issues" in Aurelio Lopez-Tarruella Martinez (ed.), El comercio con China. Oportunidades empresariales, incertidumbres jurídicas, Tirant lo Blanch, Valencia (Spain) 2010, pp. 85-121. ISBN: 978-84-8456-981-7. Available at SSRN: http://ssrn.com/abstract=1527992
• Gowers, Andrew. "Gowers Review of Intellectual Property". Her Majesty's Treasury, November 2006. [5] ISBN 9-780118-4083-9.
• Kinsella, Stephan. "Against Intellectual Property". Journal of Libertarian Studies 15.2 (Spring 2001): 1-53. [6]
• Lai, Edwin. "The Economics of Intellectual Property Protection in the Global Economy". Princeton University. April 2001. [7]
• Lee, Richmond. Scope and Interplay of IP Rights ACCRALAW offices.
• Lessig, Lawrence. "Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity". New York: Penguin Press, 2004. [8].
• Lindberg, Van. Intellectual Property and Open Source: A Practical Guide to Protecting Code. O'Reilly Books, 2008. ISBN 0-596-51796-3 | ISBN 9780596517960
• Maskus, Keith E. "Intellectual Property Rights and Economic Development". Case Western Reserve Journal of International Law, Vol. 32, 471. journals/jil/32-3/maskusarticle.pdf
• Mazzone, Jason. "Copyfraud". Brooklyn Law School, Legal Studies Paper No. 40. New York University Law Review 81 (2006): 1026. (Abstract.)
• Miller, Arthur Raphael, and Michael H. Davis. Intellectual Property: Patents, Trademarks, and Copyright. 3rd ed. New York: West/Wadsworth, 2000. ISBN 0-314-23519-1.
• Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550-1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001
• Rozanski, Felix. "Developing Countries and Pharmaceutical Intellectual Property Rights: Myths and Reality" [9]
• Perelman, Michael. Steal This Idea: Intellectual Property and The Corporate Confiscation of Creativity. Palgrave Macmillan, 2004.
• Rand, Ayn. "Patents and Copyrights" in Ayn Rand, ed. 'Capitalism: The Unknown Ideal,' New York: New American Library, 1966, pp. 126–128
• Reisman, George. 'Capitalism: A Complete & Integrated Understanding of the Nature & Value of Human Economic Life,'] Ottawa, Illinois: 1996, pp. 388–389
• Schechter, Roger E., and John R. Thomas. Intellectual Property: The Law of Copyrights, Patents and Trademarks. New York: West/Wadsworth, 2003, ISBN 0-314-06599-7.
• Schneider, Patricia H. "International Trade, Economic Growth and Intellectual Property Rights: A Panel Data Study of Developed and Developing Countries". July 2004. [10]
• Shapiro, Robert and Nam Pham. "Economic Effects of Intellectual Property-Intensive Manufacturing in the United States". July 2007. [11]
• Vaidhyanathan, Siva. The Anarchist in the Library: How the Clash Between Freedom and Control Is Hacking the Real World and Crashing the System. New York: Basic Books, 2004.
• Burk, Dan L. and Mark A. Lemley (2009). The Patent Crisis and How the Courts Can Solve It. University of Chicago Press. ISBN 9780226080611. 

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Abbie Hoffman

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Not to be confused with Albert Hofmann.

Abbie Hoffman

Abbie Hoffman visiting the University of Oklahoma to protest the Vietnam War
Full name	Abbie Hoffman
Other names	FREE!, Barry Freed
Born	November 30, 1936(1936-11-30) Worcester, Massachusetts, United States
Died	April 12, 1989(1989-04-12) (aged 52) New Hope, Pennsylvania, United States
Main interests	Marxism, Anarchism, The medium is the message, Guerrilla theatre, Communal living, Psychology, Social revolution, Media impacts on society, Media theory, Counterculture of the 1960s
Notable ideas	"Total unemployment" and the end of work, Gift economics, Drop-out culture, Free stores, The abolition of money, Woodstock Nation, Revolution in the United States as a means to end the Vietnam War
Influenced by[show] Marshall McLuhan, Che Guevara, Herbert Marcuse, Abraham Maslow, Groucho Marx, John Lennon, George Metesky, the Diggers, the Cuban Revolution, counterculture of the 1960s, John Sinclair
Influenced[show] Bob Black, the Yippies, opposition to the Vietnam War, Dana Beal, Jello Biafra, Steve Conliff, Jonah Raskin, CrimethInc.

Abbot Howard "Abbie" Hoffman (November 30, 1936 – April 12, 1989) was an American social and political activist who co-founded the Youth International Party ("Yippies").
Hoffman was arrested and tried for conspiracy and inciting to riot as a result of his role in protests that led to violent confrontations with police during the 1968 Democratic National Convention, along with Jerry Rubin, David Dellinger, Tom Hayden, Rennie Davis, John Froines, Lee Weiner and Bobby Seale. The group was known collectively as the "Chicago Eight"; when Seale's prosecution was separated from the others, they became known as the Chicago Seven. While initially convicted of intent to incite a riot, the verdicts were overturned on appeal.
Hoffman came to prominence in the 1960s, and continued practicing his activism in the 1970s, and has remained a symbol of the youth rebellion and radical activism of that era.^[1]

Contents [show] 1 Biography 1.1 Early life and education 1.2 Early protests 1.3 Meeting the Diggers 1.4 Chicago Eight conspiracy trial 1.5 Controversy at Woodstock 1.6 Underground 1.7 Back to visibility 2 Personal life 2.1 Death 3 Portrayals 4 Bibliography 4.1 Books 4.2 Record 5 Theatre Festival 6 Media 6.1 Interviews 6.2 Appearances 7 References 8 Further reading 9 External links

[edit] Biography

[edit] Early life and education

Hoffman was born in Worcester, Massachusetts to John Hoffman and Florence Schamberg, who were of Jewish descent. Hoffman was raised in a middle class household, and was the oldest of three children. On June 3, 1954, the 17-year-old Hoffman was arrested for the first time, for driving without a license. In his sophomore year, Hoffman was expelled from Classical High School, a now-closed public high school in Worcester, after a disagreement with an English teacher.^[2] After this he attended Worcester Academy, graduating in 1955. He then enrolled in Brandeis University, completing his B.A. in Psychology in 1959. At Brandeis, he studied under professors such as noted psychologist Abraham Maslow, often considered the father of humanistic psychology.^[3] Hoffman later enrolled at University of California, Berkeley in attempts to earn a Master's Degree in Psychology. He later dropped out to marry his girlfriend, Sheila Karklin, who had recently become pregnant.

[edit] Early protests

Prior to his days as a leading member of the Yippie movement, Hoffman was involved with the Student Nonviolent Coordinating Committee (SNCC), and organized "Liberty House", which sold items to support the Civil Rights Movement in the southern United States. During the Vietnam War, Hoffman was an anti-war activist, who used deliberately comical and theatrical tactics.
In October of 1967, David Dellinger of the National Mobilization Committee to End the War in Vietnam asked Jerry Rubin to help mobilize and direct a March on the Pentagon.^[4] The protesters gathered at the Lincoln Memorial as Dellinger and Dr. Benjamin Spock gave speeches to the mass of people.^[5] From there, the group marched towards the Pentagon. As the protesters neared the Pentagon, they were met by soldiers of the 82nd Airborne Division.^[5] who formed a human barricade blocking the Pentagon steps.^[4] Not to be dissuaded, Hoffman vowed to levitate the Pentagon^[5] claiming he would attempt to use psychic energy to levitate the Pentagon until it would turn orange and begin to vibrate, at which time the war in Vietnam would end.^[6] Allen Ginsberg led Tibetan chants to assist Hoffman.^[5]
Hoffman's symbolic theatrics were successful at convincing many young people to become more active in the politics of the time.^[6]
Another one of Hoffman's well-known protests was on August 24, 1967, when he led members of the movement to the gallery of the New York Stock Exchange (NYSE). The protesters threw fistfuls of dollars down to the traders below, some of whom booed, while others began to scramble frantically to grab the money as fast as they could. ^[7] Accounts of the amount of money that Hoffman and the group tossed was said to be as little as $30 to $300.^[8] Hoffman claimed to be pointing out that, metaphorically, that's what NYSE traders "were already doing." "We didn't call the press", wrote Hoffman, "at that time we really had no notion of anything called a media event." The press was quick to respond and by evening the event was reported around the world. Since that incident, the stock exchange has spent $20,000 to enclose the gallery with bulletproof glass.^[9]

[edit] Meeting the Diggers

In late 1966, Hoffman met with a radical community-action group called the Diggers ^[10] and studied their ideology. He later returned to New York and published a book with this knowledge.^[10] Doing so was considered a violation by the Diggers.
Diggers co-founder Peter Coyote explained:

Abbie, who was a friend of mine, was always a media junky. We explained everything to those guys, and they violated everything we taught them. Abbie went back, and the first thing he did was publish a book, with his picture on it, that blew the hustle of every poor person on the Lower East Side by describing every free scam then current in New York -- which were then sucked dry by disaffected kids from Scarsdale.^[11]

[edit] Chicago Eight conspiracy trial

Main article: Chicago Eight

Hoffman was arrested and tried for conspiracy and inciting to riot as a result of his role in anti-Vietnam War protests, which were met by a violent police response during the 1968 Democratic National Convention in Chicago.^[12] He was among the group that came to be known as the Chicago Seven (originally known as the Chicago Eight), which included fellow Yippie Jerry Rubin, David Dellinger, Rennie Davis, John Froines, Lee Weiner, future California state senator Tom Hayden and Black Panther Party co-founder Bobby Seale (before his trial was severed from the others).
Presided over by Judge Julius Hoffman (no relation to Abbie, which Abbie joked about throughout the trial^[13]), Abbie Hoffman's courtroom antics frequently grabbed the headlines; one day, defendants Hoffman and Rubin appeared in court dressed in judicial robes, while on another day, Hoffman was sworn in as a witness with his hand giving the finger. Judge Hoffman became the favorite courtroom target of the Chicago Seven defendants, who frequently would insult the judge to his face.^[14] Abbie Hoffman told Judge Hoffman "you are a 'shande fur de Goyim' [disgrace in front of the gentiles]. You would have served Hitler better." He later added that "your idea of justice is the only obscenity in the room."^[14] Both Davis and Rubin told the Judge "this court is bullshit." When Abbie was asked in what state he resided, he replied the "state of mind of my brothers and sisters".
Other celebrities were called as "cultural witnesses" including Allen Ginsberg, Phil Ochs, Arlo Guthrie, Norman Mailer and others. Abbie closed the trial with a speech in which he quoted Abraham Lincoln, making the claim that the President himself, if alive today, would also be arrested in Chicago's Lincoln Park.
On February 18, 1970, Hoffman and four of the other defendants (Rubin, Dellinger, Davis, and Hayden) were found guilty of intent to incite a riot while crossing state lines. All seven defendants were found not guilty of conspiracy. At sentencing, Hoffman suggested the judge try LSD and offered to set him up with "a dealer he knew in Florida" (the judge was known to be headed to Florida for a post-trial vacation). Each of the five was sentenced to five years in prison and a $5,000 fine.^[15]
However, all convictions were subsequently overturned by the Seventh Circuit Court of Appeals.

[edit] Controversy at Woodstock

At Woodstock in 1969, Hoffman reportedly interrupted The Who's performance to attempt to speak against the jailing of John Sinclair of the White Panther Party. He grabbed a microphone and yelled, "I think this is a pile of shit while John Sinclair rots in prison ..." The Who's guitarist, Pete Townshend, was adjusting his amplifier between songs and turned to look at Hoffman over his right shoulder. Townshend ran with his Gibson SG and rammed it into the middle of Hoffman's upper back. Hoffman turned with mouth gaping, back arched, with one hand trying to reach the injury as Townshend, disgruntled and yelling "Fuck off! Fuck off my fucking stage,"^[16] put a hand in Hoffman's face and shoved him backwards to stage right. Townshend then said, "I can dig it." The rest of the band looked at one another, not sure what was going to happen next. Townshend, frustrated by the interruption, windmilled into the next song. The band regained composure and followed. After that song, Townshend walked over to Hoffman, who was sitting on the right hand side of the stage with his arms around his knees. Townshend leaned over and said something to him, and gave him a smack in the head. Townshend later said that while he actually agreed with Hoffman on Sinclair's imprisonment, he would have knocked him offstage regardless of the content of his message, given that Hoffman had violated the "sanctity of the stage," i.e., the right of the band to perform uninterrupted by distractions not relevant to the actual show. The incident took place during a camera change, and was not captured on film. The audio of this incident, however, can be heard on the The Who's box set, Thirty Years of Maximum R&B (Disc 2, Track 20, "Abbie Hoffman Incident").
In his autobiography, Soon To Be A Major Motion Picture, Hoffman wrote that the incident played out like this:

If you ever heard about me in connection with the festival it was not for playing Florence Nightingale to the flower children. What you heard was the following: "Oh, him, yeah, didn't he grab the microphone, try to make a speech when Peter Townshend cracked him over the head with his guitar?" I've seen countless references to the incident, even a mammoth mural of the scene. What I've failed to find was a single photo of the incident. Why? Because it didn't really happen.
I grabbed the microphone all right and made a little speech about John Sinclair, who had just been sentenced to ten years in the Michigan State Penitentiary for giving two joints of grass to two undercover cops, and how we should take the strength we had at Woodstock home to free our brothers and sisters in jail. Something like that. Townshend, who had been tuning up, turned around and bumped into me. A nonincident really. Hundreds of photos and miles of film exist depicting the events on that stage, but none of this much-talked about scene.

In Woodstock Nation, Hoffman mentions the incident, and says he was on a bad LSD trip at the time. Joe Shea, then a reporter for the Times Herald-Record, a Dow Jones-Ottaway newspaper that covered the event on-site, said he saw the incident. He recalled that Hoffman was actually hit in the back of the head by Townshend's guitar and toppled directly into the pit in front of the stage. He doesn't recall any "shove" from Townshend, and discounts both men's accounts.

[edit] Underground

In 1971, Hoffman published Steal This Book, which advised readers on how to live basically for free. Many of his readers followed Hoffman's advice and stole the book, leading many bookstores to refuse to carry it. He was also the author of several other books, including Vote!, co-written with Rubin and Ed Sanders.^[17] Hoffman was arrested August 28, 1973 on drug charges for intent to sell and distribute cocaine. He always maintained that undercover police agents entrapped him into a drug deal and planted suitcases of cocaine in his office. In the spring of 1974, Hoffman skipped bail, underwent cosmetic surgery to alter his appearance, and hid from authorities for several years.
Some believed Abbie made himself a target. In 1998, Peter Coyote opined:

The FBI couldn't infiltrate us. We did everything anonymously, and we did everything for nothing, because we wanted our actions to be authentic. It's the mistake that Abbie Hoffman made. He came out, he studied with us, we taught him everything, and then he went back and wrote a book called Free, and he put his name on it! He set himself up to be a leader of the counterculture, and he was undone by that. Big mistake.^[18]

Despite being "in hiding" during part of this period (Hoffman lived in Fineview, New York near Thousand Island Park, a private resort on Wellesley Island on the St. Lawrence River under the name "Barry Freed"), he helped coordinate an environmental campaign to preserve the Saint Lawrence River (Save the River organization).^[19] During his time on the run, he was also the "travel" columnist for Crawdaddy! magazine. On September 4, 1980, he surrendered to authorities; on the same date, he appeared on a pre-taped edition of ABC-TV's 20/20 in an interview with Barbara Walters. Hoffman received a one-year sentence, but was released after four months.

[edit] Back to visibility

In November, Hoffman was arrested along with fourteen others, including Amy Carter, the daughter of former President Jimmy Carter, for trespassing at the University of Massachusetts at Amherst.^[20] The charges stemmed from a protest against the Central Intelligence Agency's recruitment on the UMass campus.^[21] Since the university's policy limited campus recruitment to law-abiding organizations, Hoffman asserted in his defense the CIA's lawbreaking activities. The federal district court judge permitted expert witnesses, including former Attorney General Ramsey Clark and a former CIA agent who testified about the CIA's illegal Contra war against the Sandinista regime in Nicaragua in violation of the Boland Amendment.^[22]
In three days of testimony, more than a dozen defense witnesses, including Daniel Ellsberg, Ramsey Clark, and former Contra leader Edgar Chamorro, described the CIA's role in more than two decades of covert, illegal and often violent activities. In his closing argument, Hoffman, acting as his own attorney, placed his actions within the best tradition of American civil disobedience. He quoted from Thomas Paine, "the most outspoken and farsighted of the leaders of the American Revolution: "Every age and generation must be as free to act for itself, in all cases, as the ages and generations which preceded it. Man has no property in man, neither has any generation a property in the generations which are to follow."
As Hoffman concluded: "Thomas Paine was talking about this spring day in this courtroom. A verdict of not guilty will say, 'When our country is right, keep it right; but when it is wrong, right those wrongs.'" On April 15, 1987, the jury found Hoffman and the other defendants not guilty.
After his acquittal,^[21] Hoffman acted in a cameo appearance in Oliver Stone's later-released anti-Vietnam War movie, Born on the Fourth of July.^[23] He essentially played himself in the movie, waving a flag on the ramparts of an administration building during a campus protest that was being teargassed and crushed by state troopers.
In 1987 Hoffman summed up his views.

You are talking to a leftist. I believe in the redistribution of wealth and power in the world. I believe in universal hospital care for everyone. I believe that we should not have a single homeless person in the richest country in the world. And I believe that we should not have a C.I.A. that goes around overwhelming governments and assassinating political leaders, working for tight oligarchies around the world to protect the tight oligarchy here at home.^[20]

Later that same year, Hoffman and Jonathan Silvers wrote Steal This Urine Test (published October 5, 1987), which exposed the internal contradictions of the War on Drugs and suggested ways to circumvent its most intrusive measures. He stated, for instance, that Federal Express, which received high praise from management guru Tom Peters for "empowering" workers, in fact subjected most employees to random drug tests, firing any who got a positive result, with no retest or appeal procedure, despite the fact that FedEx chose a drug lab (the lowest bidder) with a proven record of frequent false positive results.^{[citation needed]}
Stone's Born on the Fourth of July was released on December 20, 1989, more than eight months after Hoffman's suicide on April 12, 1989. At the time of his death, Hoffman was at the height of a renewed public visibility, one of the few '60s radicals who still commanded the attention of all kinds of mass media. He regularly lectured audiences about the CIA's covert activities, including assassinations disguised as suicides. His Playboy article (October, 1988) outlining the connections that constitute the "October Surprise," brought that alleged conspiracy to the attention of a wide-ranging American readership for the first time.^[24]

[edit] Personal life

In 1960, Hoffman married Sheila Karklin^[2] and had two children: Andrew (b. 1960) and Amy (1962–2007), who later went by the name Ilya. They divorced in 1966.
In 1967, Hoffman married Anita Kushner in Manhattan's Central Park.^[25] They had one son, america Hoffman, deliberately named using a lowercase "a" to indicate both patriotism and non-jingoistic intent^[26] (america later took the name Allan). Although Abbie and Anita were effectively separated after Abbie became a fugitive, starting in 1973, and he subsequently fell in love with Johanna Lawrenson in 1974, while a fugitive, they were not formally divorced until 1980.
His personal life drew a great deal of scrutiny from the Federal Bureau of Investigation. By their own admission, they kept a file on him that was 13,262 pages long.^[27]

[edit] Death

Hoffman was 52 at the time of his death on April 12, 1989, which was caused by swallowing 150 Phenobarbital tablets. He had been diagnosed with bipolar disorder in 1980;^[28] while he recently changed treatment medications, he claimed in public to have been upset about his elderly mother, Florence's, cancer diagnosis (Jezer, 1993). Hoffman's body was found in his apartment in a converted turkey coop on Sugan Road in Solebury Township, near New Hope, Pennsylvania. At the time of his death, he was surrounded by about 200 pages of his own handwritten notes, many about his own moods.
His death was officially ruled a suicide.^[29] As reported by The New York Times, "Among the more vocal doubters at the service today was Mr. Dellinger, who said, 'I don't believe for one moment the suicide thing.' He said he had been in fairly frequent touch with Mr. Hoffman, who had 'numerous plans for the future.'" Yet the same New York Times article reported that the coroner found the residue of about 150 pills and quoted the coroner in a telephone interview saying 'There is no way to take that amount of phenobarbital without intent. It was intentional and self-inflicted.' ^[29]
A week after Hoffman's death, a thousand friends and relatives gathered for a memorial in Worcester, Massachusetts at Temple Emanuel, the synagogue he attended as a child. Senior Rabbi Norman Mendel officiated. Two of his colleagues from the Chicago Seven conspiracy trial were there: David Dellinger and Jerry Rubin, Hoffman's co-founder of the Yippies, by then a businessman.
As The New York Times reported: "Indeed, most of the mourners who attended the formal memorial at Temple Emanuel here were more yuppie than yippie and there were more rep ties than ripped jeans among the crowd..."^[30]
The Times report continued:

Bill Walton, the radical Celtic of basketball renown, told of a puckish Abbie, then underground evading a cocaine charge in the '70s, leaping from the shadows on a New York street to give him an impromptu basketball lesson after a loss to the Knicks. 'Abbie was not a fugitive from justice,' said Mr. Walton. 'Justice was a fugitive from him.' On a more traditional note, Rabbi Norman Mendell said in his eulogy that Mr. Hoffman's long history of protest, antic though much of it had been, was 'in the Jewish prophetic tradition, which is to comfort the afflicted and afflict the comfortable.'^[30]

[edit] Portrayals

It has been suggested that Abbie Hoffman: American Rebel be merged into this article or section. (Discuss)

• In the 1975 work The Illuminatus! Trilogy, Hoffman briefly appears, having a discussion with Apollonius of Tyana.
• In the 1987 HBO television movie Conspiracy: The Trial of the Chicago 8, Hoffman was portrayed by Michael Lembeck.
• He was portrayed by Richard D'Alessandro in the 1994 movie Forrest Gump, speaking against "the war in Viet-fucking-nam" at a protest rally at the Lincoln Memorial Reflecting Pool facing the Washington Monument.
• Hoffman's life was dramatized in the 2000 film Steal This Movie!, in which he was portrayed by Vincent D'Onofrio.
• Hank Azaria's voice is heard as the animated Hoffman in the film Chicago 10 (2007).
• Thomas Ian Nicholas portrays Abbie in the 2010 film titled The Chicago 8^[31]
• Sacha Baron Cohen has been cast as Hoffman in Steven Spielberg's film, The Trial of the Chicago Seven.^[32]

[edit] Bibliography

[edit] Books

• Fuck the System (pamphlet, 1967) printed under the pseudonym George Metesky
  • Available online
• Revolution For the Hell of It (1968, Dial Press) published under the pseudonym "Free"
  • Revolution for the Hell of It: The Book That Earned Abbie Hoffman a 5 Year Prison Term at the Chicago Conspiracy Trial (2005 reprint, ISBN 1560256907)
• Woodstock Nation: A Talk-Rock Album (1969, Random House)
• Steal This Book (1971, Pirate Editions)
  • Steal This Book (1996 reprint, ISBN 156858217X)
  • Authorized online location
• Vote! A Record, A Dialogue, A Manifesto – Miami Beach, 1972 And Beyond (1972, Warner Books) by Hoffman, Jerry Rubin, and Ed Sanders
• To America With Love: Letters From the Underground (1976, Stonehill Publishing) by Hoffman and Anita Hoffman
  • To America With Love: Letters From the Underground (2000 second edition, ISBN 1888996285)
• Soon to Be a Major Motion Picture (1980, Perigee, ISBN 0399505032)
  • The Autobiography of Abbie Hoffman (2000 second edition, ISBN 1568581971)
• Square Dancing in the Ice Age: Underground Writings (1982, Putnam, ISBN 0399127011)
• Steal This Urine Test: Fighting Drug Hysteria in America (1987, Penguin, ISBN 0140104003) by Hoffman and Jonathan Silvers
• The Best of Abbie Hoffman (1990, Four Walls Eight Windows, ISBN 0941423425)
• Preserving Disorder: The Faking of the President 1988 (1999, Viking, ISBN 067082349X) by Hoffman and Jonathan Silvers

[edit] Record

• Wake Up, America! Big Toe Records (1970)

[edit] Theatre Festival

The Mary-Archie Theatre Company in Chicago started the "Abbie Hoffman Died For Our Sins" Theatre Festival in 1988. This festival runs every year for 3 consecutive days as a celebration of the Woodstock Music and Art Fair of 1969. Festival website

[edit] Media

Wikiquote has a collection of quotations related to: Abbie Hoffman

Wikisource has original text related to this article: Author:Abbie Hoffman

[edit] Interviews

• Viking Youth Power Hour interview Abbie during the Chicago Seven trials in Chicago 1969
• Ken Jordan interview from January 1989, published in Reality Sandwich, May 2007

[edit] Appearances

• Featured appearance in the satirical documentary Lord of the Universe, which won a DuPont-Columbia Award (1974). Video preview.
• My Name Is Abbie, Documentary, Mystic Fire Video, (1998), ISBN 1-56176-381-0
• Growing Up in America, Documentary on 1960s radicals in the USA, First Run Features, ISBN 6-30456-477-5

[edit] References

1. ^ Abbie Hoffman Dies New York Times
2. ^ ^{a b} For the Hell of It: The Life and Times of Abbie Hoffman
3. ^ Jezer, Marty (1993). Abbie Hoffman: American Rebel. New Jersey: Rutgers University Press. pp. 20–23. ISBN 0-8135-2017-7. 
4. ^ ^{a b} Levitate the Pentagon
5. ^ ^{a b c d} The Day The Pentagon Was Supposed To Lift Off Into Space
6. ^ ^{a b} "Abbie Hoffman". Teaching.com. 1997. http://www.teaching.com/earthday97/center/text/webstock19.htm. Retrieved 2006-04-01. ^{[dead link]}
7. ^ Soon To Be A Major Motion Picture: The Autobiography of Abbie Hoffman, First Edition, Perigree Books, 1980, p. 101.
8. ^ Ledbetter, James (August 23, 2007). "The day the NYSE went Yippe". CNNMoney.com. http://money.cnn.com/2007/07/17/news/funny/abbie_hoffman/index.htm?postversion=2007082314. Retrieved December 23, 2009. 
9. ^ Blair, Cynthia. "1967: Hippies Toss Dollar Bills onto NYSE Floor". It Happened In New York. Newsday. http://www.newsday.com/about/ny-ihonyindex2004,0,6301617.htmlstory. Retrieved 2006-04-01. ^{[dead link]} For Hoffman's account of the events of the day, see his 1968 book Revolution for the Hell of It: The Book That Earned Abbie Hoffman a 5 Year Prison Term at the Chicago Conspiracy Trial (reprint edition New York, Thunder's Mouth Press:2005) ISBN 1-56025-690-7
10. ^ ^{a b} Sleeping Where I Fall: A Chronicle pg.71
11. ^ Interview by Etan Ben-Ami Mill Valley, California January 12, 1989
12. ^ Excerpts from his testimony at the trial can be found here.
13. ^ Judge Julius Hoffman
14. ^ ^{a b} J. ANTHONY LUKAS (1970-02-06). "Judge Hoffman Is Taunted at Trial of the Chicago 7 After Silencing Defense Counsel". The New York Times (paid access). http://select.nytimes.com/mem/archive/pdf?res=F60716F6355B157493C4A91789D85F448785F9. Retrieved 2008-10-07. 
15. ^ Linder, Douglas O. "The Chicago Seven Conspiracy Trial." UMKC School of Law. Accessed 2008-10-23. This article gives a detailed description of the trial, the events leading up to it, the reversal on appeal and the aftermath.
16. ^ "Top 10 Music-Festival Moments". Time. March 18, 2010. http://www.time.com/time/specials/packages/article/0,28804,1885895_1885893_1885874,00.html. Retrieved April 23, 2010. 
17. ^ Brate, Adam. Technomanifestos, chapter 8. Texere, June 2002.
18. ^ Los Angeles Times, 6/4/98
19. ^ "Save the River!". Savetheriver.org. http://www.savetheriver.org/. Retrieved 2008-10-23. 
20. ^ ^{a b} Abbie Hoffman, 60's Icon, Dies; Yippie Movement Founder Was 52
21. ^ ^{a b} Amy Carter and Abbie Hoffman Win Acquittal, but They Want to Keep the C.i.a. on Trial
22. ^ "University of Massachusetts". Cia-on-campus.org. http://www.cia-on-campus.org/umass.edu/trial.html. Retrieved 2008-10-23. 
23. ^ Born on the Fourth of July IMDB
24. ^ Playboy, Oct. 1988 (PDF)
25. ^ Hoffman Wedding In Central Park
26. ^ Children of the revolution The Guardian
27. ^ http://foia.fbi.gov/foiaindex/foiaindex_h.htm
28. ^ Jezer, Marty (1993). Abbie Hoffman: American Rebel. Rutgers University Press. ISBN 0-8135-2017-7.  p. xvii: "Abbie was diagnosed in 1980 as having bipolar disorder, more commonly known as manic depression." ISBN 0-8135-2017-7"
29. ^ ^{a b} Abbie Hoffman Committed Suicide Using Barbiturates, Autopsy Shows New York Times
30. ^ ^{a b} Mourning, and Celebrating, a Radical
31. ^ The Chicago 8 IMDB
32. ^ Harlow, John (2007-12-30). "No more jokes as Borat turns war protester". London: Times Online. http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/film/article3108058.ece. Retrieved 2008-10-23. 

[edit] Further reading

• Hoffman, Jack, and Daniel Simon (1994). Run Run Run: The Lives of Abbie Hoffman. Tarcher/Putnam. ISBN 0-87477-760-7
• Raskin, Jonah (1996). For the Hell of It: The Life and Times of Abbie Hoffman. University of California Press. ISBN 0-520-20575-8

[edit] External links

• Abbie Hoffman's Spirit Is Alive
• Scans of Abbie Hoffman's writing in The Realist during formation of the Yippie movement, including call to others to meet in Chicago.

[hide] v • d • e The Chicago Seven Original defendants Abbie Hoffman · Jerry Rubin · David Dellinger · Tom Hayden · Rennie Davis · John Froines · Lee Weiner · Bobby Seale Other related individuals William Kunstler · Leonard Weinglass · Julius Hoffman · Richard Schultz · Tom Foran

Persondata
Name	Hoffman, Abbott Howard
Alternative names	Hoffman, Abbie
Short description	American activist
Date of birth	November 30, 1936
Place of birth	Worcester, Massachusetts, United States
Date of death	April 12, 1989
Place of death	New Hope, Pennsylvania, United States

Retrieved from "http://en.wikipedia.org/wiki/Abbie_Hoffman"

Categories: American anarchists | Jewish anarchists | Anarchist writers | American political writers | American essayists | American activists | American environmentalists | American non-fiction environmental writers | American anti-war activists | American anti-Vietnam War activists | Chicago Seven | People from Worcester, Massachusetts | Worcester Academy alumni | Brandeis University alumni | University of California, Berkeley alumni | People from Greenwich Village, New York | American people of Russian descent | People of Jewish descent | American Jews | Russian American Jews | People with bipolar disorder | Youth rights individuals | Youth empowerment individuals | Jewish American writers | American non-fiction writers | Activists who committed suicide | Political writers who committed suicide | Drug-related suicides in Pennsylvania | Yippies | Deschooling and criticism of the school system | Psychedelic drug advocates | Free love advocates | Free speech activists | Anti-fascists | American cannabis activists | Drug policy reform activists | African Americans' rights activists | Non-South African anti-apartheid activists | Critics of work and the work ethic | Anti-corporate activists | 1936 births | 1989 deaths

Hidden categories: All articles with dead external links | Articles with dead external links from October 2008 | Articles with dead external links from September 2010 | All articles with unsourced statements | Articles with unsourced statements from August 2009 | Articles to be merged from December 2009 | All articles to be merged

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