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To the extent there is a problem, the proposed rules seem ill-suited to curbing it and easily evaded. They are easily evaded, because a troll could easily practice the patent in some token manner. They seem ill-suited, because it is not clear why you shouldn't be able to separate the rolls of patent enforcement from invention. If someone creates an invention why not allow them to make it public in exchange for the right to demanding licensing fees from those who do make use of it? To the extent there is a problem (and I am certainly prepared to believe there is) it seems likely that the standards for granting patents are too loose. Why not focus reform efforts there?
Toggle Commented Jul 21, 2013 on Patent Trolls—Posner at The Becker-Posner Blog
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It seems like NBC's position (a narrow definition of fair use) would also restrict a fair amount of the video footage that they use to populate their news and related broadcasts.
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Feb 22, 2012