The problem in all this is not with the concept of patents or copyright but that the way it works in practice is to enable the powerful to squash small innovato

The problem in all this is not with the concept of patents or copyright but that the way it works in practice is to enable the powerful to squash small innovators who are actually doing useful stuff. Exactly. I think very few people understand the magnitude of the risks and costs to a small innovator when faced with legal claims of any sort from a big business. Its not a level playing field. Even if you have an essentially watertight case, the laser-eye lawyers against you will inevitably find some weakness or loophole to attack you. They will jurisdiction-shop. They will limit your ability to do business and drag out the fight over years. The huge cost of paying your lawyers will be tiny compared to the impact on your business. Don't underestimate the distraction to your founders and staff of such a fight. And of course investors will run a mile. Most importantly, no mater how clearly you are in the right you will find that there is a substantial risk that you will lose anyway. In practice the legal system can't be relied on to give a fair result. Even when you win, they can appeal and extend the process further. With another chance you might lose.