“The state is schizophrenic. It grants monopolies aimed at limiting competition (patents and copyright), and then penalizes companies for using (‘abusing’) them, in contravention of state antitrust law–so that there is a ‘tension’ between these state laws. Then courts have to ‘balance’ these against each other. Each state law gives the state an excuse to ratchet up its power. Here’s an idea: get rid of both antitrust and patent law. (Likewise, there is also a ‘tension’ between copyright censorship, and the right to free speech.)”
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