IP is a legal fiction created and enforced to further explicit public policy objectives--specifically, to incentivize creativity and to create a safe protected space for innovation. If those public policy objectives are not being met, then continuing to implement IP in its original form is harmful to society as a whole.
In other words, a company that is relying on policies implemented to stimulate economic growth and development a century ago--and is using the power of its protected market position to interfere in the democratic process that might align policy with the economic realities of today--is certainly not any kind of "victim". If there are any victims, they are the people whose true economic potential is being suppressed by the continuing existence of outdated laws.
I'm not advocating for an elimination of IP, but I am saying that IP needs to be reformed in a way that will reduce the wealth of companies and individuals who do cling to a pre-internet business model, and it is right to attack them to the extent that a defense of their interests is preventing a modernization of the laws.
I guess the civil system (private lawsuits) is failing to protect intellectual property interests? Who holds those interests? The taxpayer? The government? Business entities?
Why not give the grants to businesses who are trying to protect their IP? Or to ones that are seeking to create IP and register it?
Supposedly, as the article states, this sort of capital allocation is supposed to forward the goal of promoting creativity.
But I'm not sure people will cease to be creative simply because others won't be prosecuted for alleged IP violations. But maybe they won't make as much money? Perhaps a clearer goal, instead of "protecting creativity", could be stated, such as "protecting revenue streams of businesses that produce and register IP (via fees paid to government)." As we've seen such businesses are not always the most creative. In many cases they are just the most prolific filers for IP registrations.
Creativity existed long before the legal fiction of intellectual property.
In other words, a company that is relying on policies implemented to stimulate economic growth and development a century ago--and is using the power of its protected market position to interfere in the democratic process that might align policy with the economic realities of today--is certainly not any kind of "victim". If there are any victims, they are the people whose true economic potential is being suppressed by the continuing existence of outdated laws.
I'm not advocating for an elimination of IP, but I am saying that IP needs to be reformed in a way that will reduce the wealth of companies and individuals who do cling to a pre-internet business model, and it is right to attack them to the extent that a defense of their interests is preventing a modernization of the laws.