I’m not sure which I find more encouraging, Judge Posner’s spiking of the Apple-Google Patent slug-fest, or his later bog article in which he calls out the existing US patent system “dysfunctional”.
Richard Posner is possessed of a towering intellect and has never been one to mince words. But the dismissal of the Apple-Google suit may have been the most clear declaration of level of ridiculousness to which the patent system has spiraled.
Intellectual property is past of the life-blood of the world information/innovation economy. The point at which intellectual property protections begin to inhibit innovation and systematically block the development of new and exciting technologies (and uses of such), then that system of protections needs to be examined and modified to meet both of the twin goals: to promote innovation and reasonably reward innovators as a means to the end of promoting further innovation.
Clearly, we have hit a tipping point in tug-of-war of intellectual property protection and enforcement. It is gratifying to see luminaries at the center of the intellectual property maelstrom standing up and stating: “Enough! There has to be a better way!”