Legislatures write rules, people enter contracts, sue for perceived breaches and courts rule on these disputes. People then adjust behaviors to get desired results without incurring legal liabilities. Results vary across jurisdiction. Such questions can't be answered in principle. California famously won't enforce non-compete clauses, and that apparently helps innovation. China caught up industrially with the West within one generation by flouting every IP rule we have here. On the other side of the debate, patent trolls...