@mattyglesias wrote about how groupthink and self-interest sometimes leads expert practitioners to advocate bad ideas. He cites virologists defending dangerous virus research, hawkish economists after 2008, and the military industrial complex. slowboring.com/p/experts-astr…
You can see the same dynamic at work in patent issues. In 1982, Congress effectively turned control of patent law over to patent lawyers by creating a specialized patent appeals court called the Federal Circuit. arstechnica.com/tech-policy/20…
The patent bar loves patents and overwhelmingly favors legal doctrines that make patents easy to get and enforce. During the 1980s and 1990s, the Federal Circuit developed a body of law that expanded what could be patented and strengthened the rights of patent plaintiffs.
The Supreme Court largely ignored patent law during this period. But then by the mid-2000s the new doctrines had started to create a patent litigation crisis, and the Supreme Court started paying attention.
Between 2006 and 2014, the Supreme Court reviewed a long series of Federal Circuit rulings. In most of these cases, the Federal Circuit took the pro-plaintiff side, and the Supreme Court overturned them in unanimous decisions. en.wikipedia.org/wiki/EBay_Inc.…. en.wikipedia.org/wiki/Alice_Cor…
The patent bar benefits from patent-friendly policies because more patents means more patent litigation and hence more work for patent lawyers.
More fundamentally someone who spends their career mastering patent law is going to view patents as an important part of the innovation process. You're naturally going to take a benign view of the patent system and want to expand it into every corner of the economy.
The Supreme Court, on the other hand, took the common-sense view that patenting had gotten out of control and needed to be reined in. The patent bar saw the Supreme Court as a bull in the China shop, smashing decades of precedent and leaving a mess.
And they weren't wrong! Supreme Court justices aren't experts on patent law. But in my view the Supreme Court made things better. Supreme Court limitations on patents may not be especially elegant or intellectually rigorous, but they shoved the system in the right direction.

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More from @binarybits

29 Jun
The Census Bureau asked me to participate in the National Survey on Children's Health. I'm generally inclined to participate in stuff like this since survey data is valuable but man do they make it a pain.
There are dozens of questions about whether each child has various ailments. Instead of giving me a list and letting me check the ones they have (which is basically none of them) they make me answer 1-3 yes/no questions per page and then hit the next button.
Also a bunch of questions for my 3-month-old baby that are obviously not applicable. All of which turns what could be a 15-minute survey into like 3 times that long.
Read 4 tweets
22 Jun
I was on vacation last week when a16z launched Future, but some quick thoughts about that and the broader frictions between Silicon Valley and the media...
So far Future isn't close to being a rival of mainstream news outlets. It seems like a good niche magazine for people in (and interested in) the tech sector. But if the goal is to shift the balance of tech coverage in a more positive direction, a few essays won't do it.
The power of mainstream media comes from the fact that they cover a broad range of topics, and hence draw in a broad cross-section of the public. Given that most people are not directly involved in tech, most people are going to get their news about tech from mainstream sources.
Read 9 tweets
7 Jun
The New York Times paywall works great for the New York Times, but the same strategy hasn't worked as well for smaller publications. rethinking.news/a-simple-marke… Image
Substack-style newsletters are based on the same try-before-you-buy marketing logic as a soft paywall, but they work a lot better for small publications. Image
Mid-sized, ad-supported publications are in a tough spot as both the NYT and Substack lure away their most prominent writers. rethinking.news/a-simple-marke…
Read 4 tweets
6 May
I feel like I have a better sense for why contact tracing hasn't gone well in the US after being on the receiving end a couple of times. In recent weeks each of my two kids has had a covid case in their classrooms. (They didn't get it.)
In DC, the first thing a contact tracer does after introducing themselves is to demand that you give them your kid's date of birth and home address. They won't tell you anything about why they called until then.
I found this a little offputting, especially since they hadn't authenticated themselves to me. I didn't seriously doubt they were legit since we had just had a covid case, but still it seems unnecessary since they're mostly seeking information from me.
Read 9 tweets
6 May
This is my favorite metaphor from @juliagalef's book. This kind of thing happens constantly in political debates.
Responses to this thread for example. Liberals pointed out a number of differences between these two issues. They aren't crazy arguments and I'm sure liberals believe them sincerely.
I'm also sure that in a world where MySpace was the dominant social platform and Rupert Murdoch was de-platforming Democratic politicians, liberals would be calling for social media to be regulated as common carriers and conservatives would be invoking the First Amendment.
Read 4 tweets
5 May
There's some... tension between the 2011 progressive view that the Supreme Court was wrong to rule corporations had free speech rights in Citizens United and the 2021 progressive view that corporations have an absolute First Amendment right to deplatform politicians.
I'm not going to say the positions contradict each other because there are coherent distinctions you could draw between and spending and moderation policies. But it's a bit jarring.
A similar point applies with respect to net neutrality. "Net neutrality infringes telecom providers' free speech rights" used to be a right-wing position, whereas "no, telecoms are common carriers" was the left-wing response.
Read 4 tweets

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