It is meant to optimise the trade-off of both. (Encouraging production alone does not suffice to justify it.) See paragraph 2 of http://cyber.law.harvard.edu/I

It is meant to optimise the trade-off of both. (Encouraging production alone does not suffice to justify it.) See paragraph 2 of http://cyber.law.harvard.edu/IPCoop/89land1.html http://cyber.law.harvard.edu/IPCoop/89land1.html Given that, the original point stands.