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Comment by torginus

3 days ago

I wonder if it would work if top US companies implemented a system like the NFL draft, where companies competing for top engineers out of college get to pick from the best engineers inversely proportionally based on how they did before financially.

While it sounds counter intuitive, it maintains a good distribution of talent across the industry.

But that system would only work if healthy competition was the goal, not moneymaking.

The thing that sustains these companies isn't having the best engineers.

Suppose someone new made a better mobile OS than Android. What would happen?

Google has convinced a lot of third party apps to use their anti-competitive attestation system that has no real security value but makes it so those apps won't run on a competing operating system even if it implements all of the same APIs, so it immediately has a major barrier to gaining traction. That should be an antitrust violation.

Then the incumbents would copy any innovative features the new OS has so it no longer has an advantage. On paper this is what the patent system is supposed to prevent, but in practice is does the opposite. If you as a practicing entity tried to sue a major incumbent for patent infringement, they would counter-sue and have an arsenal of thousands of patents that could keep you bogged down in litigation for years. Just the cost of litigation could bankrupt a smaller company even if they won, and there is enough ambiguity in the system that they're pretty likely to lose when the incumbent only has to find one patent out of thousands they were unintentionally infringing, or a court is willing to enforce one that ought not to have been granted. So then everyone has to file a bunch of patents for the purposes of mutually-assured destruction and can't really enforce them, which favors larger companies that can afford the overhead. It certainly doesn't protect the little guy and we would be better off without them.

Your suggestion is also essentially unworkable. NFL teams all have the same number of players and play the same game. Amazon and TSMC each have a very different business and largely aren't competing for the same people. Does Garmin get the same number of picks as Foxconn even though they don't employ nearly as many people? How many picks does a startup get? Do we count Apple as doing poorly because the gross margins on hardware are lower than they are on pure licensing, or Nvidia as doing poorly because they have higher margins but lower revenue? How are we accounting for engineers in other countries? What about engineers in China who work for companies in China who are contractors for international companies? What if a corporate contractor has more than one corporate customer? How do we account for open source? How do we distinguish engineers from IT staff or research mathematicians or prevent companies from giving willing workers a job description that doesn't match the work they're doing?

It's also probably worth pointing out that systems like that are essentially price fixing schemes by the industry to pay workers less than they would otherwise be able to get if other companies weren't prohibited from outbidding them for talent.