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The only answer to the question of whether IP serves the desired purpose must be empirical. Does it work in practice? A great deal of applied economic research has tried to answer this question. The short answer is that intellectual property does not increase innovation and creation. Extending IP rights may modestly boost the incentive for innovation, but this positive effect is wiped away by the negative effect of creating monopolies. There is simply no evidence that strengthening patent regimes increases innovation or economic productivity. In fact, some evidence shows that increased protection even decreases innovation.

Ideas kept under lock and key are much less useful than those that are freely available. So we find Africans dying of AIDS because they cannot afford to pay monopoly prices to patent holders of certain drugs. Or, at a more mundane level, we cannot legally watch movies on our new Android phones because "rights holders" do not wish us to. And we must suffer through such indignities as being sued by voting machine companies over copyright violation when their malfunctioning software is revealed to the public.

Rather than trying to continually fix the existing system with band-aids, it would be far better to eliminate it entirely. The resulting drastic restructuring of industry would lead to new, more competitive business models – and an environment far more favorable to the small entrepreneur.