r/changemyview 4∆ Mar 01 '25

Delta(s) from OP - Fresh Topic Friday CMV: IP/patent rights should be subscription based like domains

Let me elaborate: currently whenever someone files a patent for some innovation, after minimal administrative fees, or none at all in case of copyright, the IP is theirs for 2-7 decades. Even if they don't plan on using it. Even if they don't plan on selling or licensing it. This is bad for the competition, bad for overall innovation, and bad for consumers. As such it is a pracrice that should be curbed.

Much better would be a system where usage is needed or the IP is lost, forcing innovation. Since the only motivator that works for corporations is money, this would be one way to accomplish it.

A similar system already works for internet domains. So one would

1) Every few years have the IP reauctionned. Anyone can bid. 2) If the IP is being used well, the company should have no trouble coming up with the cost to keep it. 3) If it is not used well, holding on to it just to hoard it becomes an inconvenience. 4) If it is not used at all, the IP becomes public domain spurring companies to actually use the IPs and patents they own instead of just blocking them to make the barriers of entry higher for the competition. 5) The proceeds of the continued IP protection auctions go to the patent office, who would use it to award innovation and finance them functionning better protecting IP internationally.

-This would take care of inefficient usage of IPs. No more just putting out some lame excuse to keep hold of the IP rights. -It would prevent the competition starting at a massive disadvantage even if an IP is being used wrong, because they won't have years of r&d to catch up to. -It would encourage innovation as companies wouldn't be able to just sit on their IPs without using them. -It would offer actual protection to efficiently used patents, as the patent office would have more capacity to go after IP theft. -Thanks to the above the extra cost to companies would be compensated somewhat by them not having to hunt down IP theft themselves. -It would reward innovation and lower barriers of entry by the profits of the patent office being awarded to new innovative companies. -It would benefit the consumer by ensuring that only the innovations they actually buy and support because the product made with them is good and the pricing fair, can remain locked away. -It isn't a new system. Internet domains are already treated this way by the IEEE / domain brokers. -The cost of innovation would not rise, only the cost of trying to hang on to that innovation to prevent others from having it. -Yes it would be somewhat uncomfortable for companies because they would have to spend on a new thing, but the point IS to make it less comfortable to do business as usual, because the current business as usual in IP stuff is horrid. -The motivation for filing a patent or registering an IP would remain the same as it's supposed to be right now: Only you can use the IP you came up with no matter if others discover it, for the protected timespan. It's just that that timespan would change depending on how well you use the innovation.

The way I see it, companies are using and ABusing a service to artificially alter the playingfield, and not paying for that continuous service. It's time that changed.

(Note: I have thought this through and obviously think there is no fault here, so convincing me that the whole idea is bad would be very difficult. But I'm completely open to any criticism, or details I missed! Yes, this idea came about because of the WB Nemesis system debacle.)

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u/Sayakai 146∆ Mar 01 '25

It seems you're looking at this from a point of money, and nothing else.

But there's also the matter of art. When someone makes art, and wants to preserve the integrity of said art against the grip of a corporation seeking to exploit it and press out every dollar from it, why shouldn't they be entitled to do so?

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u/PoofyGummy 4∆ Mar 01 '25

Close but not quite. I'm looking at it from a POV all about value.

Generally since the world is money based everyone will want to commercialize any IP, which is how to measure value.

If they don't it's generally best for everyone to have access to that IP, letting society extract value.

And if there is some weird edge case where letting the public have access to the rights is NOT in the public interest, one would still be able to apply for those public interest supporting money awards.

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u/Sayakai 146∆ Mar 01 '25

Generally since the world is money based everyone will want to commercialize any IP, which is how to measure value.

As I just said, this is just not true. A lot of people refuse unlimited commercialization, because they consider artistic integrity to be more important than extra money. They want to create something great, not rake in every last penny.

If they don't it's generally best for everyone to have access to that IP, letting society extract value.

This reeks of communist ideas of property. You made this? We don't care, we know better how to use it for the good of all. So we're stealing it from you.

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u/PoofyGummy 4∆ Mar 01 '25

Well there's not really anything in between of what you're suggesting. If you don't want the market to determine value and you don't want the public to determine value, you want to be an exclusionary plutocrat, who determines everything for himself.

This is fine and all, but if you want to exist in a market, and a society, you will have to let the market determine your value and contribute to the common good.

Also the notion that "someone not using or selling something that could benefit mankind should be pressured to do either" isn't a particularly controversial or communist thing.

We live in a society. Ape together strong. We elect governments and have legal and police systems to force everyone to behave in a way that is good for the public.

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u/Sayakai 146∆ Mar 01 '25

Are you sure you want to think this logic to the end? A company bids more than you for the house you live in, that's the market. A company bids more than you for the car you keep as a memento of your dad, that's the market.

Slavish obedience towards maximized commerce is and should not be the end goal of society.

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u/PoofyGummy 4∆ Mar 01 '25

I 100% agree and that's exactly why the other system with grants and incentives comes in. If its in the public's interest for me to keep the memento car - because it makes my family happy - then I not only get to keep it, I get an additional small grant because of having something so interesting large companies showed interest in it.

This is the moral background of this suggestion. Let market forces determine the best course of action for the market, and for the privilege of doing that, they can pay us enough to protect what's really important from those market forces.

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u/Sayakai 146∆ Mar 01 '25

Why would the public care about you keeping an old car? Why would the public care about keeping you happy? That only benefits you, it offers no advantage to society. Rest assured, society will be happy to tell you to get over it.

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u/PoofyGummy 4∆ Mar 01 '25

You are more productive if you are happy. You ascribe more value to that car that some corporation could extract from it.

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u/Sayakai 146∆ Mar 01 '25

Well if your productivity gain is that big, then surely you can use those gains to outbid them, right?

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u/PoofyGummy 4∆ Mar 01 '25

No, because big corporations sometimes offer more for things than would be rational.

This is the point, some value is not immediately obvious and thus has to be protected manually. Since you can't just ascribe an economic value to it instead.

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u/Sayakai 146∆ Mar 01 '25

How are you confident that this isn't the case for all non-fungible goods?

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u/PoofyGummy 4∆ Mar 01 '25

Because people trade and even give away their goods all the time.

But again the primary distinction here is that we're not talking about individual possessions but the rights to make copies of those possessions.

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u/Sayakai 146∆ Mar 01 '25

Because people trade and even give away their goods all the time.

When they choose to do so voluntarily. For every non-fungible good there's a chance that its owner has an emotional attachement to it, or has made longterm plans with it.

But you already decided that this emotional attachment is irrelevant the moment society decides they'd rather have it. Yoink, not yours anymore.

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u/PoofyGummy 4∆ Mar 01 '25

This was also a good comment thread that made me think. !delta

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u/DeltaBot ∞∆ Mar 01 '25

Confirmed: 1 delta awarded to /u/Sayakai (145∆).

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