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1 Romantic Heretic  Sat, Jun 9, 2012 11:26:39am

I’d have to say that the problem is that capitalism (or what we call capitalism although, in my opinion, there is little capitalism in it) has been raised to the level of a social system. But it is an economic system and so it seriously sucks as a social system.

To torture an old metaphor, it’s like using a hammer to cut wood. It can do it but it truly sucks at it.

2 jytdog  Sat, Jun 9, 2012 4:57:20pm

Wow I struggle with this decision. Patents are property, just the intellectual kind. And yes, businesses negotiate using all their assets.

Posner essentially just did a government taking without compensation. Yikes. It will be interesting to read his decision when it comes out, but this seems eminently appealable.

3 BishopX  Sat, Jun 9, 2012 6:47:32pm

Patents are property because the government says they are. That means that there’s a lot more wiggle room in terms of what the government can do to patents as opposed to say, machinery or water rights.

4 Cap'n Magic  Sat, Jun 9, 2012 7:43:24pm

Patents are a government artifact that gives the inventor exclusivity for a period of time and a level of protection from misappropriation. Where things went off the rails was the notion of process patents and software patents that should have never been granted in the first place.

Note that you don’t have to go down the road of patents-trade secret laws exists-and in some cases, there are criminal statues that can be wielded when trade secret laws get violated.

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