I’ve been remiss in failing to link to Tim Lee’s excellent New York Times op-ed on software patents, but at least my sloth means I can simultaneously links his sharp response to some early criticism. The latter post makes a perceptive Hayekian point which, alas, suggests it should be difficult to get a sound empirical resolution to this debate: Since the stifling of innovation is typically invisible (if you had expected it to be there, it wouldn’t be innovation) it’s very difficult to figure out how much there “ought” to be at any given time, or whether your policy is constraining it. You can point to a few clear-cut cases like Verizon/Vonage, ut the clearer the rules are (however inefficient), and the cannier the lawyers, the fewer such cases you’d expect to make it to litigation at all.
June 12th, 2007 · 11 Comments
Tags: Tech and Tech Policy