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Excuse me? Could you please explain, as I fail to see how a tragedy of the commons arises. (Of course patents are problematic, but the reasons that I know of a

• noonespecial 15y ago
  The best thing for everyone at this point is for individuals (and especially for small start-ups) not to file for patents at all. This is not the best thing to do for the individual, especially if he wants to be acquired. The best thing to do in that case is to file as many broad and unspecific patents as possible to boost your perceived value. Good for you if you get acquired (or go bust and fire-sale everything), bad for everyone else who now has to live with even more bogus patents that are likely on their way to troll-land. Its a case of "see, this is why we can't have nice things". It is conceivable for the patent system to work if there weren't so many bad actors maximizing their own gain at the multiplied expense of everyone else. Even those with good intentions feel that they have to do this a little just to get by. "That said, it's the world we live in. So, like every other Silicon Valley entrepreneur, I file patents." Everyone feels that they have to graze their sheep to survive, but its making the common grounds into desert.
  • aristidb 15y ago
    Oh, so it's an externality, not necessarily a tragedy of the commons (which is a very specific type of externality).