Also there's a big distinction between copyright and patents. You don't hear about copyright trolls as often; it's not as crippled of a system.
Also there's a big distinction between copyright and patents. You don't hear about copyright trolls as often; it's not as crippled of a system.
You'd then get a longer term slump, as all companies stop investing in basic research and long-term R&D, since they can just wait and copy someone else's research instead. When building real physical products, being second to market by a few weeks costs far less than the years of R&D required to build a truly revolutionary product, not to mention you can use that R&D money to either (a) polish the your product more than the inventor's original product, or (b) splurge on marketing.
Can you point to a time where this has turned out to be true by your estimation? An example of a product where there was a tremendous amount of R&D required and the only thing saving the company from being destroyed by competitors beating them to the market 2 weeks later was a strong patent portfolio?
Even in the original iPhone presentation, there's a point where Steve is like, "Oh, and you bet we patented it, lol." But was that why the iphone succeeded? Was that why it could exist in the first place? Were it not for those patents, would Apple have been crushed by competitors mimicking them?
The pro-patent arguments are always expressed as hypotheticals, whereas there are numerous specific examples of patents hurting smaller companies unable to afford the cost of defending themselves. I'd be very interested in situations where the upshot is, "Oh boy, good thing for science and art that those patents existed."
You have a group of people that has performed basic research with minimum funding and decides to commercialize an idea. Since the group's work is already published in conferences and/or journals[1], it is extremely easy for a huge company to just throw some money at the idea and come out with a commercial implementation. But with patents in hand, the research group and the university can decide to either sell the patents to the highest bidder, or continue developing the product if they see the potential. And since the idea is protected by the law, no amount of money can kill the company.
I actually believe that the US patent system is one reason behind the success of advanced tech startups here.
[1]: Publication of results is a requirement for virtually all types of research funding. In other words, if you don't patent the outcome of your research, it's essentially in the public domain.
Meanwhile compare to something like deep learning, which is uniquely unencumbered by patents for several reasons. Yet somehow corporations seem to be interested and the pace of progress is rapid.
There would be a different type of slump too, as companies kept important technologies secret, rather than patenting them
Drug/Medical patents need some reform that may need to include compulsory licensing after 3-5 years, and a dual-source requirement (two manufacturers) in order to be covered by government subsidized/paid for insurance programs (including VA, Medicare and gov't employees).
Strongly disagreed. Copyright is at least as broken as patents, if not more. Mickey Mouse and most of the Disney catalog should have gone out of copyright years ago but they lobbied our corrupt Congress for an insane extension which is now uniformly used throughout the industry. Our public domain has been thoroughly robbed.
For more about abuse of the copyright system and courts in general, see the history of abuse meted out by Prenda Law against various innocent parties. That shit show never should have happened, and it took courts years to stop it. Prenda attorneys are now turning state's witness against each other because they're so busted.
Why would corporations be motivated to promote progress in science if someone else could come along and get all of their hard-earned research and development for free?
It costs millions or billions of dollars to drive innovation, and there are very few (if any) corporations idealistic enough to spend that kind of money if they don't think they will be able to earn it back.
But today's patents are written by lawyers and for lawyers. Patents are usually so terrible at their one job - elucidating inventions - that it takes years of debate between experts just to decide whether a patent even applies to an existing product. They are of no value to the public 20 years later. The whole system has become a make-work welfare program for lawyers and a barrier to free competition.
(Though you could probably say that copyrights might in some ways stifle people's artistic expression.)