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Having patents under the patent regime is no indication of patenting system being helpful. The cross-licensing agreements that have been common in the semi-conductor industry for decades do not involve payments. They were specifically designed to circumvent patent hurdles, usually with stipulations such as mutual full access to the patents of each other in the next 5-10 years. In other words, they had to pay the lawyers and the patent office purely because they did not want some non-participant in the cross-licensing agreement patenting it and make the innovation that they have come up with unavailable for their own use; i.e. a waste of resources entirely due to the patent laws. The necessity for legit engineering firms to engage in that waste given the existing patent law regime was amply demonstrated when Rambus (a company run by patent lawyers not engineers) came long and patented innovations that other companies shared at IEEE meetings and tried to collect license fees from other companies (including the ones that came up with the ideas to begin with).
Only a small portion of Shakespeare's plays were "History"; most of his work were tragedy, comedy and romance. Even the "History" plays involved plenty invented plot elements that he borrowed/"stole" liberally from other living authors. Other contemporary playwrights borrowed from him in return, of course. If should be noted that, most those playwrights were not just screen player writers but essentially executive producers of their own theatres (e.g. "The Globe" for Shakespeare). So conforming to the plot conventions of the day (or the new day if another playwright's new twist is a success) was probably paramount to profitability. It would be just like Mercedes following Lexus into making cross-over luxury SUV, abandoning its own earlier attempted pretense at off-roading, after witnessing the success of RX . . . or Lexus making the original LS in the spitting image of the Mercedes S class of the late 1980's.
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