Re:American law is patent nonsense
by dumb123 on Wednesday August 29, 2012 @09:57PM
(#4452511)
A provocative title.
The issue really starts with the American culture (of litigation), not American law, per se.
And of course the encouragement of litigation, the acceptance of it as a way of life and a way of doing business, and the high amount of ensuing court activity breeds a rather large body of case law, a complex legal landscape, which gives way to a sort of feedback loop leading to more litigation.
"Can we sue our way to prosperity?"
This was a title of a Congressional study a year or two ago.
I think it captures the essence of the problem. Wealth is increasingly being created _only_ through litigation. (Reminder: IP rights are often nothing more than rights to sue alleged infringers.) Is that toxic? Is it sustainable? I don't know. I don't think Congress knows either.
The issue really starts with the American culture (of litigation), not American law, per se.
And of course the encouragement of litigation, the acceptance of it as a way of life and a way of doing business, and the high amount of ensuing court activity breeds a rather large body of case law, a complex legal landscape, which gives way to a sort of feedback loop leading to more litigation.
"Can we sue our way to prosperity?"
This was a title of a Congressional study a year or two ago.
I think it captures the essence of the problem. Wealth is increasingly being created _only_ through litigation. (Reminder: IP rights are often nothing more than rights to sue alleged infringers.) Is that toxic? Is it sustainable? I don't know. I don't think Congress knows either.