Re:The Real Cost of Patent Trolls: $80B/year
by slowpoke on Monday November 14, 2011 @12:37AM
(#3233006)
>They make no distinction between more and less legitimate patents.
It's a valid position to question the legitimacy of the patent system as a whole and to consider all patents illegitimate. There are multiple levels on which the entire system is ridiculous, both ethically as well as economically.
I won't take a position on the paper since I haven't read it (yet).
Re:The Real Cost of Patent Trolls: $80B/year
by wpietri on Monday November 14, 2011 @02:13PM
(#3235239)
Placing blame on patent trolls is perfectly reasonable. Blaming the system is also reasonable. The mistake is thinking that in blaming one, you can't blame the other.
Just because an asshole is acting legally doesn't mean he isn't an asshole.
Also, again while sympathetic, this paper was clearly researched after the authors had taken a position on the issue (notice the book mention). They started with a position, and went looking for data ex post facto.
They make no distinction between more and less legitimate patents. If a company is infringing on what many of us might consider a legitimate patent, then yes they will suffer financially. The paper elides over such a distinction.
Using stock price as a proxy for future foregone profits is clever, but it’s a heck of an assumption. I don’t think it rises to the level of empiricism. It’s interesting for sure, but best understood as a statistical artifact.