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Vaknin, Sam, 1961-

"Capitalistic Musings"


Moreover, the very nature of "intellectual property" is in flux.
Business processes and methods, plants, genetic material, strains of
animals, minor changes to existing technologies - are all patentable.
Trademarks and copyright now cover contents, brand names, and modes of
expression and presentation. Nothing is safe from these encroaching
juridical initiatives. Intellectual property rights have been
transformed into a myriad pernicious monopolies which threaten to
stifle innovation and competition.
Intellectual property - patents, content libraries, copyrighted
material, trademarks, rights of all kinds - are sometimes the sole
assets - and the only hope for survival - of cash-strapped and
otherwise dysfunctional or bankrupt firms.
Both managers and court-appointed receivers strive to monetize these
properties and patent-portfolios by either selling them or enforcing
the rights against infringing third parties.
Fighting a patent battle in court is prohibitively expensive and the
outcome uncertain. Potential defendants succumb to extortionate demands
rather than endure the Kafkaesque process. The costs are passed on to
the consumer. Sony, for instance already paid Forgent an undisclosed
amount in May.


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