Tim Bray says of the patent system, "The whole thing is too broken to be fixed." He cites a stream of recent events, including the ongoing harassment of RIM, the argument that they do nothing to spur innovation, evidence. showing patents do not increase innovation, and the huge drain litigation creates. "While we all might agree that, in theory, it'd be good to introduce legal structures that provide incentives for inventors, the evidence is in, and it's clear that the current structure fails to achieve that while imposing horrendous costs and inefficiencies."
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