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To: pltodms who wrote (32110)11/19/2009 8:21:51 PM
From: axial  Respond to of 46821
 
Hi pltodms - Thanks for your response; it provoked some thought. You're right of course, to say that the future is unpredictable.

"... I will take the optimistic path that we will weather the imbalance we are seeing in our political/economic sphere, today, and come out of this with minimum pain and be much better off."

I'm less optimistic for a reason that exists in present-day (not future) realities; that's the overriding weight of corporate agendas in determining legislative decisions, locally and globally. I could provide links, but I think most are aware of the phenomenon: it's pervasive. We've discussed it relation to telecomms, finance and financial reform, IP, and now, invention. The US health care debate provides a good example of how the dynamics play out.

There is only one agency that has been uncompromising in its assertion of inventors' rights: the courts. The strength of that assertion can only be validated by the law, and corporate interests are working diligently with legislators to weaken the laws. While it's true that courts provide final recourse, the barriers to entry are high: millions of dollars, and up to a decade in time. If laws are weakened and steep barriers retained it will be a double whammy.

So corporations rob the inventors, and fight them in court. In parallel, they mount expensive lobbying campaigns, and make political contributions that far exceed the weight of public-interest arguments in legislative assemblies.

IP companies such as Intellectual Ventures and peers offer some hope, in the sense that they have the resources to represent inventors. However they add another cost, which ultimately comes out of the inventor's pocket. If such companies become sufficiently powerful and ruthless, they'll become IP arbitrageurs, possibly to the disadvantage of inventors and the public interest alike.

Inventor's returns could be protected by strengthening and clarifying IP law; that's the simple, direct solution, but it seems unlikely. Instead, we see the dismaying irony of corporations who simultaneously breach the law and demand that it be upheld, according to their advantage and profit.

None of this is said in dispute. Rather, the remarks are an explanation for why I'm less optimistic than you.

Regards,

Jim