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It's a factor, but I also wonder whether the key morpheme there isn't the "mega" in "megacorps". If, say, entity A attempting to enforce IP against entity B had to pay fees proportional to the size ratio (e.g., Megacorp enforcing against Little Joe's Software requires a $1 billion fee from Megacorp), things would be different.

The problem there is identifying the relevant entity, and I think that is the key. And it's not just a problem with IP, it's a problem with all property: it's just too easy for "real" beneficial ownership to be hidden so that penalties and enforcement can be accurately targeted at big market players. A few well-targeted such actions could loosen things up a lot.



Just ignore the size of the plaintiff and make everything depend on the size of the defendant. Is the defendant a huge megacorp? Make every inference against them. Is it a tiny small business? Give them every benefit of the doubt.

Then if megacorp tries to set up a tiny shell company to do their dirty work, you just ignore the shell company and sue the megacorp. Whereas if something is actually a small business, there is no megacorp hiding anywhere behind it.


That's an interesting idea, but I don't want to let small operators run roughshod over other small operators.


How do you propose it could ever be otherwise? Under this system it's hard to sue small entities, but under any system it's generally useless to sue small entities except as a harassment mechanism because they don't have any money to pay damages anyway.




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