Lol, free ride. I'm talking about the kind of artists my parents are. My mom makes a living off of her designs, designs which you think should be able to be copied and reproduced by anyone. Say I'm a painter, and I paint something everyone thinks is amazing, then some guy just comes up and takes a photo of it, starts printing them off, and making money off my work. Those people work very very hard for what they do, and they often don't make that great of money.
Taking your example, in the world of art, a person who paints a picture is equivalent to an R&D researcher. The payoff comes from the sale of a product. If you make a painting, you are free to sell prints of it yourself. If someone were to "copy" it, they still have to have a means of producing and selling replica's which costs money. It's no different than a restaurant that makes pizza. A competitor across the street may also make a pizza and sell it. Perhaps they use the same ingredients, perhaps they try to improve upon it and make it better. It's called competition. According to your logic, the first restaurant should be able to have an injunction place upon all other restaurants who sale pizza to not "copy" them. In the world of art, they have a few intangibles on their side. People prefer to support the original artist over copycat's, so they will always be able to command a premium over the competitors for original work.
So all painters paint the same thing? That's what your example amounts to, that everyone who paints a landscape is going to be painting the same thing. Not everyone is a Picasso, and even trying to copy cubism, most people are not going to be able to replicate the genius of Picasso. Also, there are thousands of ways to make a Pizza, literally every place I go to makes pizza a little bit differently. It's not nearly the same to say that someone is making pizza, so they are copying you. Copying would be taking the exact same recipe, making it in the exact same way, and profiting off it, without doing the work, the testing, etc, to try and mimic the pizza.
People prefer the original artist? I'd like to call for proof of that, and then also state that's only if they know who the original artist is. The fact that they prefer the original artist is also a tangible way to conceive of intellectual property.
So you simply have to brand something a concept, then it's worth protecting? WHy cant I name my company Microsoft? I happen to like the name, it's my company, my property, why can't I name it whatever I want? Concepts are idea's, you're just drawing a random distinction, really.
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But seriously, you haven't addressed what motivation a company would have to invest in some new technology. If I'm Ford, why should I invest in fuel cells or hydrogen technology, when after I spend all that money, someone else just get's to reap the rewards? There is no incentive for me personally, I don't see the rewards of the investment, then I'm not going to invest. I'll keep my money invested in something that will give me rewards back, not a black pit.
I didn't say anything about a trademark being anything "worth protecting", only that their use does not require the use of force. You can try to make a company called Microsoft, Coca-Cola or McDonald's, but if you try to pass yourself off as someone else, that is false advertising and customer's could charge you with a class-action lawsuit for fraud. You can "copy" the product, but you would have to clearly distinguish yourself in your trademark.
So stealing someone else's idea and passing it off as yours
isn't fraud? If I have to pay attention to someone else's
lawsuit for fraud against me, that is using force to back up the fraud. If there isn't anything forcing me to listen to the lawsuit, then there's absolutely no way to keep people from naming and using whatever trademark they so please.
I already did address the motivation for companies, and it's demonstrable that the IP system has done nothing to improve the rate of innovation. Even in the absence of IP, companies will still invest in new technologies because the demand is there for new products. They have the advantage of being first to market and having more time to improve the production process over competitors. Reverse engineering is harder than you think. In many cases it is cheaper and faster to develop the product in house instead of relying on someone else to do it. It's also incredibly risky to rely on reverse engineering because many steps in a production process cannot be traced from breaking a product down, especially for advanced technologies, not to mention it may require significant retooling or capex to support the new production process which a competitor may not be able to easily support.
You at best showed how our current IP system is problematic, you did not show how IP in general harms the rate of innovation, etc. Just because there is a demand for a new product does not meant that that product will be made; the federal government had to give rural farmers telephone and power lines becuase it wasn't in the profit interest of utilities to build the power lines to the customers. An entrepreneurial has to be able to foresee a good profit margin, otherwise the risk is not worth the investment, and the risk won't be taken. A business has to operate first and foremost, and if they can't do that, they can't make the product people demand.
Also, what you describe is true of some cases, in some fields, but does not apply to everything. The fact that companies are so often suing other companies for infringing upon their copyrights should show you just how often and easy it is to adapt someone else's design and idea's.
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I just remembered one problem I've heard about the copyrighting process in America: it's too slow! If IP is bad for innovation, than we shouldn't be seeing the backlogging and massive amounts of patents that we do see. The fact that the market screws up the source of innovation to the degree that it does just goes to show you the inclination of the market.