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> "Without license" is implied by "limit" -- that's the limitation. Again, what is limited by the license is the commercialization, not access to the knowledge
by throwawaykf05 11y ago
> "Without license" is implied by "limit" -- that's the limitation.
Again, what is limited by the license is the commercialization, not access to the knowledge or the technology. These are completely different things. You can find out all about a patented technology, and even implement it for non-commercial (e.g. research) purposes. You simply can't attempt to make money off it without a license.
> As soon as there is one necessary patent the seller can charge the monopoly price. Adding more patents doesn't change the monopoly price (though it does add transaction overhead that comes out of everyone's margins).
The major flaw in this argument is that these thousands of patents are owned by many hundreds of entities. There is no monopoly". As a counter-point, all you need to look at is the sub-$50, contract-free smartphones available in the US.
> The damages a court would award isn't a lower bound because the patentee can request an injunction that prevents you from selling the product until you pay them whatever they demand.
1. Injunctions are not always available, are not automatic and you have to convince the ITC, a separate court, to give you one.
2. Injunctions have been very hard to get in the US since the eBay decision.
> What are you even trying to argue anyway? That lawsuits and license fees don't cost money? That having to pay money isn't a disincentive to do something? That limiting competition doesn't increase prices?
I'm arguing that all those concerns, while making sense in theory, are not necessarily supported by empirical evidence, especially given the vibrant smartphone industry despite being rife with patents and lawsuits. As such it is not clear if those are greater or less than the benefits provided by patents.
- deleted 11y ago[deleted]