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I don't want to fix up my car, clean it, stage photos, or meet potential buyers for test drives, so I sell it to a company specialized in those activities.

In the same way, an inventor may not care to advertise his technology, negotiate licensing deals, or file lawsuits to enforce his rights, so he sells it to a company specialized in those activities.

Further, the existence of a secondary market gives inventors strictly more options than they'd have without one. Maybe no one will care to license a particular patent. Maybe it will be a long time before anyone cares. Maybe the business intending to use the patent didn't pan out, and the inventor doesn't really care about licensing it. The market can price in these concerns and still holder an immediate, nonzero payoff when he wants it. The fact that IP can have value even in bankruptcy probably makes investments and loans flow more freely to small businesses and startups.

The real problem is that anyone has an exclusive right to obvious and natural arrangements of software constructs, i.e. that the patent exists at all. The fact that it's a patent troll vs. the original inventor asserting those rights is merely an example of economic specialization.

The meta-problem is that patents are based on the idea that R&D is expensive and commercialization-minus-R&D is cheaper. But in our industry, ideas are cheap and execution at scale is hard.




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