[BCPVP]

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I don't consider the patent system as an example of market failure...I consider this specific situation to be an example of market failure.

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This example is not an example of a market failure; it's an example of a government failure. The market doesn't run or enforce the patent system and any advantage taken of it by companies is the fault of the government for instituting and maintaining it. That anyone could consider it a market failure when a system that wasn't created by the market, isn't maintained through force by the market and wouldn't exist in a free market blows my mind.