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IP has very low marginal cost, emeralds don’t.
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IP is not scarce, in the sense that you can have your own intelectual product that does the same than others, and you having and using an idea don't limit other people ability to have and use similar ideas. But one emerald mine is just one, and only one person can extract from it at any given time. Thus property laws as a replacement of stick-and-stone laws take place.

If you feel that your idea is worth IP protection, just protect it as a trade secret, not as a patent or copyright. Very famously Disney have a copyright over drawing three close circles.




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