Abstract

This is a draft op-ed for Wired, for purposes of discussion at Santa Clara University's November 16, 2012 conference,“Solutions to the Software Patent Problem.”It is a very brief discussion of the argument presented in my paper with Jason Schultz, “Protecting Open Innovation: A New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament,” forthcoming 26 Harvard Journal of Law and Technology __ (2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2040945.Please do not cite or quote this draft. I look forward to talking with everyone at the conference about this idea!

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