[From my Webnote series]

[TO BE UPDATED… WORK IN PROGRESS…]

Too bad Cuban doesn’t oppose patents, a major cause of high drug prices (he only opposes “stupid” patents, unfortunately https://t.co/TYvuiukaSo — even EFF is totally unprincipled and doesn’t oppose IP or patents, only “abuse” … but stupid patents are not the problem, nor is… https://t.co/nVRqZAL1Wj

— Stephan Kinsella (@NSKinsella) January 22, 2026

Trevor Hultner: Patent “Trolls” are Bad. Patents are Worse

EFF does not oppose patents: see Adi Kamdar, Daniel Nazer, Vera Ranieri, Defend Innovation: How to Fix Our Broken Patent System, Electronic Frontier Foundation (Feb. 2015) (“The patent system is in crisis. Patents—particularly software patents—have become a tool for intimidation and expensive litigation, chilling the very innovation the patent system was supposed to encourage. … Since the mid-1990s, software patents in particular have proven to hinder rather than support innovation. … despite recent Supreme Court decisions that have dialed back some of the excesses of the patent system, patent quality remains low. … PART 1 – THE PROBLEM A. The root of the problem: Too many bad patents. … The U.S. patent system has one primary purpose, embodied in the Constitution itself: to encourage innovation.3 The basic bargain is simple: in exchange for disclosing their inventions (so that others may build upon them), inventors get a “limited private monopoly” on those inventions.4… the current patent system isn’t doing a very good job of fulfilling its purpose. The United States Patent Office is issuing far too many weak and overbroad patents, particularly on software. And many of the courts that end up reviewing those patents seem unwilling to second-guess the Patent Office. Instead of promoting innovation, these patents become landmines for companies that bring new products to market. … 2. The Patent Office isn’t helping When the Patent Office reviews a patent application, one of its tasks is to search for prior art (publications and uses from before the filing date of an application) that might show the claimed invention is not new or is obvious in light of what came before. This is a difficult task. … If the Patent Office misses key prior art, it will issue patents on existing or obvious ideas. Unfortunately, the Patent Office doesn’t do a good job looking for prior art when it reviews applications for software patents.”) See Independent Institute on the “Benefits” of Intellectual Property Protection

Patent Trolls Are Preferable to “Practicing Entities”