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Absolutely. The first to file system greatly disadvantages individual and/or poorly funded inventors, because for big corporations, the cost to file is no great
by ttul 8y ago
Absolutely. The first to file system greatly disadvantages individual and/or poorly funded inventors, because for big corporations, the cost to file is no great hurdle.
- JumpCrisscross 8y agoFlip side: first to file arose because first to invent is inherently ambiguous. The fixed cost of a filing was deemed better than the large and unknowable cost of determining who invented what when through the courts.
- Bjartr 8y agoHow does copyright handle that problem since copyright is automatic?
- deleted 8y ago[deleted]
- bdowling 8y agoIt doesn't matter who created a copyrighted work first, because independent creation is an absolute defense to copyright infringement.
- Nomentatus 8y agoProof of independent creation might be; but similarity provides a statistical test of that. Cases use similarity and probability, they don't take "independent creators" at their word.