Kurt Denke is my new hero. He’s the former lawyer who is President of Blue Jeans Cable, a competitor of Monster Cable. When he received a cease and desist letter from Monster, who alleged some of Blue Jeans’ “Tartan” cable products were too similar Monster’s cables, Denke sent back a devastating and heroic reply. This is one of the best letters I’ve ever read. It’s heroic and ballsy, and strategically brilliant. Further, I think this letter can help illustrate the unavoidable practical difficulties that will necessarily plague any attempt to have an IP–that is, pattern privilege–system. It helps to highlight why such a system cannot be but unjust. These kind of expensive and intractable problems, inherent vagueness and bullying tactics, will always accompany a pattern privilege system. Any layman who is in favor of patent should read this letter, and think about the consequences of the system they advocate.
Source link: http://archive.mises.org/8031/blue-jeans-slays-monster/