>intellectual property law is immoral on the grounds that it creates artificial barriers to prosperity for individuals who don’t receive the benefits of the patents
It is also a wealth transfer from the poor to the wealthy: the justice system protecting IP capital is financed by taxpayers, the hard majority of which hold no patents.
I do think the time is long overdue for IPR "property tax" as an anti-squatting measure and a defence against increasingly long copyright terms.
Disney making billions off Mickey Mouse? They can pay a tiny fraction of that and they can have their extension.
Novel by obscure dead author? Don't extend the copyright unless the estate wants to pay for it.
Abandoned and nobody to pay the tax? Enters the public domain.
All those defensive spurious patents? They impose a search cost on every single other innovator. There should be a carrying cost for the defensive patent wall.
I think that's a great idea. The value of an IP could be self-assessed, with the caveat that any party has an option to purchase the IP for e.g. 125% of the self-assessed value.
The tax on this value could scale from 1% for year 10 onwards, increasing by 0.25% per year. Year 50 of your copyright? Be prepared to pay 11% APR rent on its value.
Consider that the majority of federal tax revenues are generated by top income earners. It’s more of a wealth transfer between different groups of the wealthy.
Reasonably time limited patents are a necessary component of incentivizing innovation, without which consumers would not realize new goods and services based off of those innovations.
There was plenty of innovation before patents. The purpose of patents was never to incentivize innovation. The purpose was to incentivize disclosure, to allow the progress of society by revealing trade secrets (in exchange for which they would be protected from competitors for a time).
If you've ever tried to read a patent, you'll know this system has failed. In almost no cases can you meaningfully replicate an invention from a patent. Quite apart from which, a huge number of things under patent protection today are public knowledge anyway, or can be considered 'obvious'.
>Reasonably time limited patents are a necessary component of incentivizing innovation
Ive never been satisfied with this necessity; its not like innovation would just seize without patents: innovation in processes is still incentivized, because falling behind would mean higher prices than competition, and lost market share, so you still need to r&d to at least match the competition, let alone best it. Innovation in consumer products is still incentivized, by first movers effect, though perhaps the easiest copied things are lost (ie plastic lids might be too easy to copy design updates). Innovation in software obviously wont stop, and shenzhen succeeds in electronics with lax (absent?) patent/copyright law.
The primary innovation patents might be necessary for is a small company taking on a larger one, and needing to protect its design while it gets itself going.... but in practice, it proposed hinders innovation there more than it helps.
Patents, I think, are about essentially open-sourcing the design of things, and the incentive to do so is a temporary, gov-enforced monopoly. If theres any idea about innovation, its in the long-term, as 5,10,20 years from now, we can read up on these ideas and build on top of them, instead of seeing them lost in time with the company's demise.
One argument is that small companies can't out-compete big companies in efficiency due to lack of resources, therefore patents give them the necessary time to bring their products to market.
However I never found that argument to be believable. Big companies have such a vast patents portfolio that it's impossible for small companies that try to create a product to not infringe on anything. So what happens many times in practice are actually cross-licensing deals.
Therefore small companies developing some innovative algorithm or technology are better off keeping it a trade secret until launch.
I am as against patents as anybody else, but I wish that people talk more about the original idea behind it: if next-door wealthy guy can copy everything you invent, then there is few incentive if any to create anything new.
That argument has always felt like it came out of economics 101. Maybe in a world where everyone is a rational economic actor motivated only by maximizing profits, people wouldn't make anything new without a patent.
In the real world, open source and open research communities have no shortage of innovation, even without being able to place artificial blocks on the competition. It turns out, creator's motivations are more complicated than making money alone.
In my opinion, innovation might move a bit slower without the money injections from VCs who can be confident they can get patents and a safe ROI, but I think we'd be better off in the long run if we allowed creators to build off past ideas without the fear of being sued.
Even with rational actors, it doesn't really hold. You still have to innovate, because if you go stagnant and the competition does innovate, you're fucked. At the very least, you have to be capable of constantly updating your copies to match the competition, and you'd at best reach parity (unless the cost of original r&d was enormous, and time/cost to copy was minimal), which won't maximize profit.
Especially as filing a patent costs several hundred dollars. If you have an idea but not much money, you can't afford to patent it (or might have to make the choice between buying a patent or marketing your invention).
It is also a wealth transfer from the poor to the wealthy: the justice system protecting IP capital is financed by taxpayers, the hard majority of which hold no patents.