I'll be damned! Patents actually do stifle innovation!
I knew you'd come around. It took a completely unrelated thread to make it happen; but I knew you'd come around.
You have misunderstood me.
I've never said that patents cannot stifle innovation, and it would be foolish to suggest that patents were not a barrier to entry. I have tried to debunk some tired, well worn arguments, but naive arguments that I hear repeatedly from people who have apparently never even read a patent or deeply considered why the framers included an IP Clause despite the rather obvious downside. Historically, it has never the case that patents were for protecting only those inventions requiring huge investments in R&D.
I've also heard some very compelling reasoning making the case that some patents, and in particular software patents and gene are particularly bad a large percentage of the time. But I didn't read too much of that kind of analysis in that other thread. I wouldn't and didn't challenge arguments that I thought were reasonably based.
But patents also spur innovation, and protect revenue streams in a way that makes innovation profitable and worth pursuing. Samsung, LG, ViewSonic and have each managed to carve out very profitable niches in the same market, using patents to protect their investiment in R&D. Denying that out of hand with "patents are barriers to competition" is not, to my thinking a persuasive argument.
In this case though, I am talking about areas of manufacture that Americans got out competed in years ago because of price competition. RCA used to make televisions, but does no longer.
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And now Americans do not knowe those things, some not even protected by patents, that must be known to profitably run a factory to make large LCD panels
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The presense of multiple diverse, no cooperative, foreign companies making LCD and plasma TVs suggests that there is plenty of room for competion despite the presence of patents. Yet America failed to compete. If you think that failure is due to patents, then make that case.
Edited by NoNukes, : See ABE
Under a government which imprisons any unjustly, the true place for a just man is also in prison. The proper place to-day, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. Thoreau: Civil Disobedience (1846)