To the post habrahabr.ru/post/170391

Maybe this is not a very good idea, but let's just discuss it. It is interesting.

Indeed, if:
- the right holder will announce the price of his intellectual property literally at registration of rights,
- this price will be public,
- the cost of registration of the right may well be tied to its value,
... the number of legal problems in the media and IT markets will decrease by an order of magnitude.

For example, for many years they have not been able to accept any common formats for streaming and browser video support, they are even afraid to use open formats because of the risk of possible lawsuits from undetected rights holders. If the cost of compensation will be known in advance, it will be much easier for investors to determine the methods of financing, and all of us would have had Skype in browsers and many other technological advantages.
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Progress would be 5–10 years ahead of the current situation.

Programs and media would be much cheaper. And while programmers, directors, actors and musicians would get more money. Just because uncles with lawyers will get less.

Patent trolls choke

Want to claim a billion? Declare! Only pay 1% duty. Only 10 million. This will insure against inadequate ratings.

It is known that Microsoft gets an order of magnitude greater revenue from trolling Android than from sales of Windows 8. By announcing the cost limit, these mechanisms will have a much smaller effect on slowing technological and creative progress.

The fact is that if at the stage of patent registration its value is limited, then it will not increase during resale - and this is how trolls create packages for receiving compensation. In this case, Google could get off with a much smaller amount.

Thus, microsoftware will not invest in payment for registration of rights - simply because at the time of the actual registration these projects are not known and are not interesting for microsoftware.

Does everyone realize that consumers are ultimately paying?

Investor rights will not be infringed.

Any adequate investor plans his profit. By investing a certain amount - expects to receive a minimum or nominal income.

In fact, it is profitable and interesting - to include the cost of the fee in the investment project, but for this fee to get insurance of their own rights. Thus secure your project.

Unlike a long and expensive patent search procedure (at least 100 thousand rubles and one year - did you know this?), It is possible to create a simplified mechanism that will be cheaper and faster, and therefore more accessible to a wide range of users.

Copyright will be reserved.

Developed a program, made a film, wrote a song. Evaluate it in a million? Register right by paying 10 thousand. In the case of precedents, you will sue exactly one million, taking into account the refinancing rate to compensate for inflation.

Let's take off the rose-colored glasses, and look at how this is actually happening now.

Programmer Ivan wrote the codec, and sold it to businessman Moshe for $ 500. Moishe sold it to Microsoft for $ 50,000. Microsoft quietly released it to free float, waited until its support appears in androids - and rolls in Google’s claim for $ 5,000,000, thereby slowing the latter’s investment in technological progress. Or for $ 10-50 from each device sold.

Alternative option. Ivan registers rights to $ 5,000, paying a $ 50 fee. Whatever happens to its development in the future, no one will blackmail Google or have an android user, simply because the costs of lawyers will be more than the maximum amount of the claim.

And most importantly, Ivan will be comfortable enough to have a gesheft, an order of magnitude more, although without the participation of Moishe.

Actually it could already work

Spending on registration of rights, patent search, court costs, payment of lawyers and attorneys, even the services of notaries - those who want to protect their rights in any case pay.

We pay and when registering cars, real estate, large or important contracts - no one is outraged by this.

The mechanisms for the costs of paying the duty are already working.

Restriction of freedom of commerce or market regulation?

There are many limitations and they are already working.

Why have not yet made decisions similar to those described in this article? The first assumption is obvious - just patent troll is not profitable.