VandyILL
Joined 14 years ago
Joined 14 years ago
You basically want to put out bounties for law firms to take cases against patents? What patents would they target? What adversarial setting would they defend / attack patents in? Couldn't this result in a race to the bottom about what things people want in the public domain - ie. a bunch of people petitioning to have a law firm attack Amazon's One-Click patent? Basically if someone made something desirable enough, then an efficient market would funnel enough money into trumping their patent through your concept, destroying whatever incentive the company had to make something valuable.
I could be off on what your suggesting, so i apologize.
While there are lots of flaws & advantages in the patent system, one major opinion I have is that there should be some sort of use/active-pursue requirement. Ie. you can't claim property ownership over an idea unless you're actively putting it into product / trying to figure out how. Or maybe a shorter length of the patent (ie. 5/10 years), unless you're actively pursuing it.
This would be similar to adjustments in other types of property law. Ie. a lot of property law is based on incentives to define ownership / acquisition in a means that most benefits society. For example in the old property case Brazelton, they didn't award ownership to the person who found a sunk ship & squatted on it, but rather awarded ownership to the person who came later but actually had the technology to lift it.
Question is, is the difference between the $81 million and the amount they would have paid him strictly for talent over the course of the contract justifiable on those PR grounds?
The NRA & the gun industry have successfully marketed a product, and the NRA has successfully marketed itself as the means of protecting customer's rights to that product.
Note, the NRA doesn't have to be the one that markets gun ownership as a positive - that can come from any number of sources, inside and outside of the gun industry. The NRA just has to give the image of being the political outlet to protect that right. Thus the media and/or possibly the gun industry can throw gas on the fire to show that guns are a necessity of American life and in turn because of it's perceived credibility on the issue people vote according to what the NRA says.
Now, presently I don't think either the NRA or the industry really has to do much work marketing guns. All they have to do is hold back the tide whenever a tragic event happens and forestall action when the willpower to change is present. Then, when election season rolls around, they just remind their members how to vote.
In the case of privacy there is #1 no product, and #2 no clear "defender" of our right to privacy. Further, given the nature of privacy, I don't think there will ever be a clear product or defender for/of that right. Without that, there's never going to be the approach that markets the product as a necessity or a group people will pay attention to when voting.
Just think about the ACLU - part of their mission is privacy. But yet I'm sure half the people who care about internet privacy don't even like much less trust the ACLU. EFF - majority of the population hasn't heard of them. It's just too sensitive of an issue to have a blanket organization representing everyone's interest.
Finally, as a side note, I think I would pay for an email service like this: free email, with conditional payments. Whenever the service receives and refuses a government request, it charges a very small fee (couple cents or even a penny - will wait till x amount has accrued before charging card). Then in turn, the payment fee goes to the campaign of a pro-privacy candidate or organization like the EFF etc.
My reasoning behind this is that he is open sourcing the designs. My guess behind this is that if it is a ground based system that requires right of way/property access etc. then there is tons of transaction costs & government regulation that would prevent copy cats from destroying the first mover's capital investments that would normally be protected via IP law.
If it didn't have these high transaction costs associated with it, then any actor could come and undercut your system after the tech behind the open source designs becomes cheaper. Traditionally this would be protected because of IP laws. However, he's dismissing this route & letting anyone up to the challenge take on the construction challenge with him. I'm guessing this is likely because the government won't eminent domain/allow/permit etc. extra routes between SF & LA etc. if there's already a hyperloop.
I think the focus on legal education should not be getting online right now, but to change the JD to a 2 year degree, or start offering LLM's or something equivalent without the need for a JD and allow people to practice with those degrees. I've heard many law professors talk about how the final year of law school is pointless. Unfortunately, making a JD take 3 years is like Alka-seltzer coming up with the ad where they put in 2 tablets instead of one -- they're making money off it because people think it's needed.
Law schools are over priced, but they're also producing more than enough lawyers, so I don't really see accessbility as a bottleneck that needs to be solved, which is what most of the MOOCs are solving. Price is an issue that needs to be solved, but given the self perpetuating old boys network that is the legal profession any changes need to come through slow reforms, not major disruption.
Finally, firms & government agencies aren't going to hire people with online degrees even if they are admitted. School's name recognition carries more weight than it should (in my opinion) in this profession. It will be extremely hard for grads to gain the skills and prove themselves when they're not able to plug into existing networks after taking an online degree.