Here’s a great little post from venture capitalist Fred Wilson venting his rage at America’s growing empire of software patents. Key sentence: “these ‘developers in a garage’ can’t afford lawyers to represent themselves in a fight with a patent troll.”
He also says “I can’t understand why our goverment allows this shit to go on,” but the earlier point makes it clear. The same firms that can afford lawyers to represent them in a fight with a patent troll can afford lobbyists and host fundraisers. Those firms have employees who want the firm to prosper. And the lawyers have lobbyists and host fundraisers and have employees of their own. Hypothetical future companies can’t go back in time and press for less incumbent-friendly policies.