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There is a fundamental difference between copyright and patents: the field of content creators if infinite and no works will ever by identical, writing a great symphony or game does not prevent anybody in the future do write another; in stark contrast inventors deal with the limitations of the real world, with physics and technology, there are a limited number of good solutions to a given problem and a patent on an obvious and straightforward solution is a major hindrance to everybody else.

Further more, copyright is self funded, it's an ideal public policy choice if we want to promote positive externalities: the creator takes all the risk and costs of production, and monetizes his work on the free market, where it's bought only if it's any good, or ignored otherwise with no ill effect on anybody else. Someone else can freely create a cheaper work fulfilling the same human need, ensuring perfect competition.

Patents are not self funded, inventors are not required to put the invention to work and demonstrate it in the market, rather, the patent is issued by merely presenting a description of the invention to the government, without proving any investment or development effort. If such patents with zero creative investment are issued, they are a major negative externality to everybody working in the same field, who now have to work around or pay rent for a solution that would be obvious or result after basic R&D activities. In effect, the combined rent they extract from society is a tax that funds "inventors" to "disclose" more and more such ideas of limited value that block technological progress.

I do agree copyright terms are absurdly long, way past the point where there is zero practical benefit for society: https://news.ycombinator.com/item?id=16361159




>and a patent on an obvious and straightforward solution is a major hindrance to everybody else.//

Which is why every patent act has the requirements of novelty and non-obviousness.


...that's almost always irrelevant in practice, and courts have upheld an a very low inovation bar. The root problem is that development effort has little relation to the licensing price, the licensing fee is often a monopoly rent.




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