"Is intellectual property law a scam?"
Kinsella is an interesting fella
http://ipbiz.blogspot.com/2007/12/kinsellas-post-on-patent-reform-insipid.html
I would second Ebert's arguments that the patent system is not about "innovation" and therefore Kinsella's utilitarian argument is moot.
***See also
Lawrence B. Ebert, On Patent Quality and Reform, 88 J. PAT. & TRADEMARK OFF. SOC’Y 1068, on the differences between invention and innovation and see especially pages 1072–74 on the Spencer rifle, something that was always an invention, became an innovation, but then ceased to be an innovation. [The Spencer appeared in the Clint Eastwood movie,
The Unforgiven].
Places not to look for significant insight on patent policy
Kinsella's post on patent reform: insipid or not?
***on patent quality
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