State of Innovation

Patents and Innovation Economics

IPBiz on Mark Cuban’s Comments on Patents

Mark Cuban, owner of the Dallas Mavericks, has been weighing in on patents and patent deform (America Invents Act).  Lawrence Ebert, who writes IPBiz, has an excellent analysis entitled, Mark Cuban on patent law: who wants to make lawyers happy anyway ?.  According to IPBiz, Cuban argues

Pick any country that is currently doing well, China is a perfect example. In China the Intellectual Property Laws are so weak that someone thought it was a good idea to completely replicate Apple retail stores. Compare their economy to ours. As much as I hate to compare other economies to ours, it’s worth taking a look .

Ebert’s  response is right on: S

Sure, free riders can have a great run, up to the point that they run out of creators to steal from.

Mark Cuban made his money being reseller of software.  He has no experience in trying to create an invention and then market the invention and then have another person steal your inventive effort.  Mr. Cuban might feel different if I broadcast his Dallas Mavericks without paying him a licensing fee.  Intellectually and morally it would be exactly the same position and think of all the money I would make.



August 15, 2011 - Posted by | Patents | , , , , ,


  1. Decoding elitist code:

    But this is not the whole problem. Even if you could get rid of all of the poor quality patents, there will be cases where one small invention can block a much larger, and socially valuable product.


    If “I” own a patent, it is obviously for a “much larger, and socially valuable product”.

    However, if “you” own a patent, it is obviously for a small invention or for one “that never should have been granted in the first place, because the concepts are old, or the innovation was so predictable that it did not meet legal standards for patents.”

    Now granted the above quotes are not from Mark Cuban’s self-serving rant but rather from this sing along source:

    But they are all the same.

    Try making a copy of one of the video tapes Mark has in his library of one of his branded Mavericks games (basketball) and there will be hell to pay by a horse and cattle thief such as yourself even though making a copy does not diminish from his copy and it enables you to “compete” in the free range, open market.

    But you see, the rules are different depending on who you are. If you are a lowly inventor, you deserve nothing. If you are the mighty captain of a brand name basketball team, ah, that is a horse tattoo of a different color!

    Comment by step back | August 16, 2011 | Reply

  2. Stepback,

    What do you say we go into the business of selling Dallas Mavericks jerseys, but the back states “Real Mavericks Steal Other People’s Intellectual Property – Mark Cuban” I think that should make the parody or social commentary defense.

    Comment by dbhalling | August 16, 2011 | Reply

  3. By definition, a “maverick” is a rogue doggie.

    So yeah.
    Why not?
    All is fair among thieves and scoundrels.

    Comment by step back | August 16, 2011 | Reply

  4. Better yet…why not “retroactively” challenge the title of ownership to Schumer, and every other politicians property, who condones (Sec. 18) unconstitutionally singaling out and retroactively changing laws that effect others and their property. As those properties could possibly have been paid for at least partially, with ill gotten “special interest” campaign funding …preferably the property that secures their residency requirements to hold office!!

    Comment by finwiz | August 18, 2011 | Reply

  5. Unfortunately, the same tactic did not work with Judge Souter’s house.

    Comment by dbhalling | August 18, 2011 | Reply

  6. Dear Sirs,
    This country was built on great ideas that individuals came up with to make money . Whether it was
    Coca Cola or writing a book and selling your story , this country gave somebody the opportunity to do his thing and achieve wealth. Allowing a country to knock off Apple Computers and thinking how great that country is doing is absurd except if you don’t mind having your grand children making toys for the Chinese . Then it is a good idea to say a free for all is possible and there is no value in intelectual property since why should there be . For that matter why not go a little more and say there is no value in owning real property and a vagrant can come to your home and say he is staying after all there is no value in property it is just a word . Get real we had an industry that was suppose to be after we sold out all the textiles, cars , steel , etc and now our great paid off politicians are selling that to the devil . Who ever thinks it is good for China to have knock off stores of Apple and get away with it should move to China and get a job there and work for $5 a day and a bowl a rice.

    Comment by Fred Baum | August 18, 2011 | Reply

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: