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“In certain situations, though, competition will not work: if the dinosaurs are a cartel strong enough to squelch competition; if they have enlisted the state to make the threatening technology illegal, describing it as a predatory encroachment on the “rights” of the old guard rather than aggressive competition; if ingrained prejudices are simply so strong that the potential business benefits take years to become apparent; or if the market has “locked in” on a dominant standard—a technology or an operating system, say—to which new market entrants do not have legal access. In those situations, markets cannot be counted on to self-correct. Unfortunately, and this is a key point, intellectual property policy frequently deals with controversies in which all of these conditions hold true. Let me repeat this point, because it is one of the most important ones in this book. To a political scientist or market analyst, the conditions I have just described sound like a rarely seen perfect storm of legislative and market dysfunction. To an intellectual property scholar, they sound like business as usual.”

Anonymous
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