Comment by andrewmcwatters
5 hours ago
To be fair, in the States, you can own a small business, come up with a good idea, and someone can just copy it and compete against you regardless if it's copyright infringement or not. And that's in the context of a domestic legal issue.
You have to be able to defend your intellectual property, and that's expensive, which is the parent comment's point.
I mean, imagine you, AlexandrB, come up with some good idea, start working on the implementation and delivery of that good or service, and someone just... copies it. Or copies it and releases it for free.
Should... we just not care about that? Because the idea of not having any intellectual property protections whatsoever is even more absurd than having them.
It requires incredible, statistically insurmountable effort, attention, and revenue to create even a two-person, full-time, sustainable business. More so in software and hardware where everyone is releasing open source software, everyone wants everything to be free, no one wants to pay for anything, and hardware designs are regularly stolen.
Forget that dude, you can make more money selling lemonade in your neighborhood.
A kid selling candy bars for school fundraisers has a better chance than someone creating a product in our field and taking it to market.
No, we definitely need intellectual property protection and it should be essentially free to defend yourself as an individual or small business.
The deal is supposed to be that there's a trade:
* You are given an exclusive right to exploit a work, for enough time to make it worth your while.
* Everyone gets the work in the end.
We're not succeeding at this. The terms are a little too short for biotech. They're wayyyyy too long for software. The barriers to entry to get and enforce IP are too large for small businesses. But it's also too easy to figure it all out and generate tons of fake IPR to harass real business with.
People who aren't rich already don't have any intellectual property anyway. The idea of nobody having them seems inherently more suitable insofar as someone could as it stands just ignore your property anyway with the primary difference in this hypothetical reality that instead of being able to copy you AND shut you down they just copy you.
Maybe the real problem is that easy low-hanging-fruit inventions attainable by individuals in the garage are long gone, and are now so capital intensive that it doesn't make sense to keep the system in hopes of protecting this fictional small inventor.
Depending on what your your personal net worth percentile threshold is for the word "rich," there are tons of open source software authors who own intellectual property, release it under permissive licenses, and are not rich.
Intellectual property isn't some sort of elite, elusive thing. Anyone can make it.