The Hidden Cost of ‘Free’: The Big Steal Shines a Light on the Domestic Threat to U.S. IP Rights - P6
- Shidonna Raven
- 1 hour ago
- 1 min read
By Bruce Berman
January 9, 2025
Source: IP Watchdog
Photo / Image Source: Unsplash,
Patent AND Copyrights
The Big Steal reminds readers that, while different in nature, patents and copyrights are two sides of the same intangible asset coin. Most patent and copyright holders see their plight as fundamentally different, even counter to each other. However, both are victims of an onslaught against IP rights as intangible assets, tech’s own valuable trademarks and trade secrets notwithstanding. Barnett expresses the weakening of IP rights as illustrated by the refusal of infringers to take a license under even the least contentious business terms. Alleged infringers would rather engage in litigation, a business decision that is sometimes referred to as “efficient” infringement, because it is a calculated business decision on the part of a defendant thought to benefit their bottom line. It is now more widely seen as predatory infringement and anti-innovation, and bad for shareholder value. According to Barnett:
“A critical factor that stands behind the success of modern IP skeptics is what I call an ‘accidental alliance’ composed of a well-resourced business constituency that shares an interest in weakening IP rights with academics and advocacy groups that have ideological or other intellectual commitments to a strong presumption against robust forms (or, in some cases, any form) of IP protection.”
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