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<p>It’s not my personal spin. You can go against the methodological individualism of the Austrian School of Economics if you want to. Why aren’t you attacking the Patent Office, not me? They are the ones who ruled (much too late) that Barnes and Nobles wasn’t stealing. </p>
<p>You are ignoring the crux of my argument, making a very circular loop. (Not to mention having completely sidestepped the economic issue.) My premises is that much of innovation has been borrowed from another innovations. Not citing your inspirations is a form of stealing (because it fails to give credit where it is due), but working from your inspirations (once having cited them) is not stealing. Remember that innovation is a non-exhaustible good – another person isn’t deprived of that same innovation merely because you use it. That is a key reason for why borrowing an idea is much different from borrowing tangible property. (I take your Mercedes-Benz – you lose it. I get inspired by a drive-thru system – no one loses anything, as long as I give proper credit.) Therefore, borrowing ideas and synthesising new ideas in derivative works is just, and to forbid that would be to forbid most of all future innovation.</p>
<p>(If you think that my argument is unjust, you can’t say that I am supporting cheating/stealing by citing the premise of the law, because I am attacking those premises. You can’t use a disputed premise to support the same disputed premise – it’s a logical fallacy known as a “circular argument”. I am asserting that the current state of patent law is unjust and is indeed of reform, unless you want to assert that anyone who disputes any law is inherently against all concepts of law and order like the Honor Code.)</p>
<p>Now the key problem of suitable IP law is sufficiently rewarding the innovator, because otherwise you have a free rider problem: others reaping the rewards of the spillover benefit of innovation that was funded by private cost. To introduce monopolies is to create economic inefficiency and to stifle innovation. The sensible alternative is to create a production-tied subsidy for the innovator (a subsidy for a revenue-based tax that all others have to pay). The others who refuse to pay for that tax then, have stolen. </p>
<p>In fact, I will go so far to say that we don’t own our ideas. The ideas are their own beings: our minds are simply the vessels. (Just like in radical “selfish gene” theory, the organisms are merely machines being used by genes. Organisms don’t own genes – they are just vessels for genes.) </p>
<p>But besides the innovator himself, those who use an innovation (including other derivative-innovators) have to pay economic compensation for the private cost that was assumed in developing the innovation that produced a public spillover benefit. That will lead to an economically-efficient outcome. Shoebox can enjoy her economically-subsidised unit production for her designs – a VERY significant economic advantage, by the way. </p>
<p>That is why (a reform of) IP law is important.</p>
<p>And I really didn’t want to type an essay in here, especially as I worry I am not sounding cogent, but then, I didn’t want to be slandered defencelessly either.</p>