> the free rider phenomenon is called progress - not a problem
In neo-classical economics, the free rider phenomenon is definitely a problem, not "progress." It is something that undermines economic efficiency.
Now, you can argue that it's not something that actually manifests in reality, and maybe you're right about that, maybe you're wrong. But I'm not presenting my worldview here, I'm explaining the intellectual context in which the existing patent regime has arisen. There are people who think of "sharing" as being conducive to economic well-being. That's not the neo-classical worldview. That worldview is, to a first approximation, trying to figure out how to turn everything into property so it can be bought and sold. Buying and selling is seen as conducive to economic well-being.
> Nearly all judges have stake in is looking clever. Being cited.
"Being cited" is not really a thing that judges strive for.
Do you know what really destroys economic efficiency? Well-meaning people handing out monopolies to things they don't understand and then creating laws, agencies, courts, and breeding specialized lawyers to navigate the mess - all taken from actual inventors.
> Buying and selling is seen as conducive to economic well-being.
Oh gosh no. Buying and selling might not work to your benefit. Far better to be the guy who labels everything for sale and sells it. Absolutely zero risk.
Which is why patents are a dream.
Further, that reasoning (make things property to stimulate the economy) is as obviously broken as breaking windows for economic growth. It only works in the short term while there's stuff to stick a price tag on, and it's only wildly profitable when it's other people's stuff.
In neo-classical economics, the free rider phenomenon is definitely a problem, not "progress." It is something that undermines economic efficiency.
Now, you can argue that it's not something that actually manifests in reality, and maybe you're right about that, maybe you're wrong. But I'm not presenting my worldview here, I'm explaining the intellectual context in which the existing patent regime has arisen. There are people who think of "sharing" as being conducive to economic well-being. That's not the neo-classical worldview. That worldview is, to a first approximation, trying to figure out how to turn everything into property so it can be bought and sold. Buying and selling is seen as conducive to economic well-being.
> Nearly all judges have stake in is looking clever. Being cited.
"Being cited" is not really a thing that judges strive for.