>But good luck convincing American legislators of some abstract far-future benefits to a less regulated world when the short-term result would be a worsening of the trade-deficit, a lowering of American exports, and a lowering of American income and tax yields.
I'm not sure any of those is actually true. Maybe the trade deficit, but only on paper. In fact the money just goes into Apple's coffers instead of Samsung's, and in turn to Apple's shareholders instead of Samsung's. But they're mostly the same people. Large publicly traded companies are owned predominantly by highly diversified institutional investors. The fact that one company is nominally American and one is nominally South Korean doesn't really have any bearing. Apple manufactures almost everything in China and Samsung does a significant amount of R&D in the United States, and American and Korean investors both invest in both companies.
And the same goes for income tax -- Samsung pays U.S. income tax the same as Apple. (Which is to say not really at all, but that's a different debate.)
Transferring money from one to the other without creating any underlying economic activity has no productive economic consequences. It doesn't create any new non-litigation jobs or produce any new tax revenue, it's just the broken window fallacy as applied to corporate litigation.
> I'm not sure any of those is actually true. Maybe the trade deficit, but only on paper. In fact the money just goes into Apple's coffers instead of Samsung's, and in turn to Apple's shareholders instead of Samsung's. But they're mostly the same people. ... The fact that one company is nominally American and one is nominally South Korean doesn't really have any bearing.
I don't think the numbers bear that out. Take employment, for instance.
Samsung employment:
190,464 employees globally; 95,662 working in Korea (50.2% Samsung employees employed in Korea) [1]
Apple employment:
70,000 employees worldwide; 47,000 in the U.S. (67.1% Apple employees employed in U.S.) [2]
> Transferring money from one to the other without creating any underlying economic activity has no productive economic consequences. It doesn't create any new non-litigation jobs or produce any new tax revenue
Right, I don't disagree. From a global standpoint, it results in a wealth transfer from other countries to the United States that's somewhere between mildly negative sum (if you think patents are a net hinderance), mildly positive sum (if you think patents are a net gain), or neutral.
But it's definitely a wealth transfer to the USA. Without digging through all the financials, I'd speculate that in addition to more employees, Samsung also does a greater sum of capital investment into Korea than elsewhere, pays more corporate taxes in Korea than elsewhere, stimulates and patronizes Korean universities more than foreign universities, etc, etc, etc, etc, etc, etc, etc.
I don't even disagree with you philosophically... I'm sort of undecided when looking at policy to work from a starting point of Enlightment values / ethics / humanism, or to start with realpolitik, Schelling points, and incentives. The former is more aesthetic; the latter seems a much better predictor of what will happen in the future.
I'm not sure how comparable the employment numbers are given that Samsung does more of their own manufacturing whereas Apple outsources to Foxconn (or Samsung) et al. It makes Apple look like they have a much larger percentage of U.S. workers when you discount the six digit number of factory workers making iPhones in China.
But let's go ahead and assume Apple employs more U.S. workers per device shipped than Samsung. It's still the case that the money gained in litigation doesn't go to the workers. Apple isn't going to hire any researchers or manufacturers with $121B in the bank that they wouldn't have with $120B. The people who get the extra money are the shareholders in the form of either dividends or stock price, and the stockholders are again predominantly large institutional investors for both companies.
Where the economic effect comes in is that those investors will now expect based on past performance for Apple's stock to improve and Samsung's to decline, and so increase their holdings in Apple. If Apple as a rule employes more U.S. workers than Samsung then this is ostensibly a good thing for the U.S. because then Samsung may not have as much available capital to develop new products etc. and Apple will have more, so Apple will be more competitive in the market and need to hire new employees to meet demand etc. There is every possibility that this doesn't actually happen because Samsung can afford to take the hit and keep doing what they were going to do anyway and Apple doesn't have any productive internal use for the extra money, but if it does happen, that would be the national economic good that Congress would be interested in preserving.
But that's where we get back to the premise -- does the patent system help or hurt? Apple's U.S. employees are the researchers, not the manufacturers. Having more sales because the competition has been damaged by litigation and can no longer compete effectively will cause Apple to need more factory workers to sell the extra devices, but those workers are in China. Conversely, by harming the competition's ability to compete, Apple is less in need of the R&D jobs that employ U.S. workers, because the bar has been lowered as to how good of a device Apple needs to produce to make the sale, so why spend more on R&D? Why even spend as much as they might have against a more competitive Samsung?
The point is, funneling money into U.S. companies doesn't inherently produce U.S. economic growth or provide any benefits to U.S. citizens. And if it simultaneously causes economic inefficiency, it can in fact do the opposite.
I'm not sure any of those is actually true. Maybe the trade deficit, but only on paper. In fact the money just goes into Apple's coffers instead of Samsung's, and in turn to Apple's shareholders instead of Samsung's. But they're mostly the same people. Large publicly traded companies are owned predominantly by highly diversified institutional investors. The fact that one company is nominally American and one is nominally South Korean doesn't really have any bearing. Apple manufactures almost everything in China and Samsung does a significant amount of R&D in the United States, and American and Korean investors both invest in both companies.
And the same goes for income tax -- Samsung pays U.S. income tax the same as Apple. (Which is to say not really at all, but that's a different debate.)
Transferring money from one to the other without creating any underlying economic activity has no productive economic consequences. It doesn't create any new non-litigation jobs or produce any new tax revenue, it's just the broken window fallacy as applied to corporate litigation.