> It seems to be pretty well established now that this system does not support innovation (at least not in the software business.
Back when I was actively studying this stuff, it was noted that there are four specific industries where intellectual property just doesn't work as intended. Software was one, pharma was another, and I forget the other two but a quick Google ought to surface them with more credibility than I can drop here.
That's not to say it works much better outside those industries, but it's not completely pointless.
The reasons why patents are bad in pharma are different from software- in pharma, if you can't afford to pay for a patented drug, you (very well could) die.
Also, pharma companies have been known to get patents on drugs that have existed for many years- which does not support innovation (though pharma argues it supports government regulation of these drugs, which have been on the market for many years)
I never get that. Why do you make this distinction. Either patents is a good system for all goods or it isn't. What does it make a good system for everything else execpt pharmacy and software?
Dont't get me wrong, I am for abolishing all patents. Even if, say 80% of the patent were unimbigiously justified, the bureaucracy and costs it introduces are tremendous.
I would loved to know the percentage to the total budget of the legal departments of companies like MS, Google and Apple
One cannot assume that a system that works for one industry is good for all of them. I'll provide some examples: "six sigma" is useful in manufacturing, but its statistical defect analysis methods are awkward at best when applied to software. Cinnamon works well for flavoring apple cider, but not so much beef gravy.
Back when I was actively studying this stuff, it was noted that there are four specific industries where intellectual property just doesn't work as intended. Software was one, pharma was another, and I forget the other two but a quick Google ought to surface them with more credibility than I can drop here.
That's not to say it works much better outside those industries, but it's not completely pointless.