Antitrust law is a fata morgana, a mirage in the eyes of the legal system. The entire world is locked in so many monopolies, partially as a result of absurd patent and copyright laws and even more absurd patent law and copyright law interpretation by the courts, that conducting investigations of companies like Google for possible antitrust law violations seems like a crude legal joke.
Name an industry that is not controlled by handfull of biggies.
Antitrust law? Surely you jest. It is one of the law's paper tigers.
The whole tenor of current prevailing patent and copyright monopolies, justified and unjustified, as well as of the activities of the patent trolls and their ilk, is to suppress competition as much as possible -- a suppression of CAPITALIST competition that the anti-trust laws are intended to prevent.
If the judges on our courts had their heads on straight, every invocation of patents to suppress competition would run foul of anti-trust laws.
The U.S. Constitution provides in setting up the IP right that it is intended "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
It says nothing about authors having any power over the writings of others, nor about inventors having any power to suppress competition of similar products, to issue injunctions against the sale of competing non-identical products, or to produce the economic and technological chaos that patents and copyrights are currently creating by ACTIVELY SUPPRESSING COMPETITION WHEREVER YOU LOOK.
90% of current patent and copyright law is the product not of the U.S. Constitution but of incompetent lawmaking by Congress and overreaching "judge-made law" by the courts, giving "Authors" and "Inventors" far greater rights and powers than were ever envisaged by the drafters of the U.S. Constitution, who also considered in their draft version the alternative or eplanatory text "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".
Should there be a "premium cap" on copyrights and inventions?
Yes, there should.
See also:
The Ignominious Patent Law Legacy of Judge Giles S. Rich
The Conception of a Child is Not an Invention - But Don't Be Too Sure : The Patenting of Living Things is In Vogue
Source: http://lawpundit.blogspot.com/2011/08/google-motorola-deal-and-antitrust-law.html
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