What consumers currently use isn't evidence of what they want, it's evidence of what they want out of what's available to them. The widespread "piracy" epidemic was also pretty good evidence of revealed preference, and I doubt it would have changed so much if not for the draconian crackdowns on people without the tech savvy to get around enforcement.
I think at the point where you agree that IP isn't fulfilling its purpose, the burden is on the concept of IP to demonstrate that it is a valuable legal concept, and all extant implementations simply fail to correctly realize it. Since we're playing the game of making wild extrapolative comparisons to arguments we haven't made, your line of argumentation reminds me of kids who balk at using the Soviet Union as an example for pure command economies being a bad idea.
I think property rights are, if not a necessary part of a functional society, at least something that we don't have a reasonable alternative for. In other places in this thread, I've contrasted situations in which property rights make sense with the ridiculous results of trying to apply the same principles to abstract ideas. The claim that it's not sane or coherent to consider ideas property is in no way equivalent to an objection to property rights in general
> I think at the point where you agree that IP isn't fulfilling its purpose
I think it very obviously is fulfilling its purpose generally speaking. I think this is evident in that fact that consumers have access to an extraordinary variety of technology, and content. The fact is that the prices for access to this are continually falling, the quality of products and services is continually improving, and these factors are continuously improving quality of life across all sectors of society.
The success of this system, and the benefits it provides to everybody is perfectly evident everywhere around us. You can find instances of this system failing, and identify some patterns in those failures, along with particular components of the regulatory framework that are likely responsible for more bad outcomes than good ones. But the system itself has proved its value many times over.
Edit: I also think the extent to which hoarding content collections has fallen out of favor with consumers is rather compelling evidence that the on-demand model is more popular. But that’s a little besides the point.
Ah, the ol' "This is part of my idea of the status quo, so everything that's happened since that could roughly pertain to its stated purpose serves as evidence that this practice uniquely produced all the outcomes I like"
If you wanted to you could draw some correlations between IP laws and innovation throughout history. You could observe that the start of the renaissance coincided with what was (likely) the worlds first patent system. You might also notice that no jurisdiction that has lacked IP protections has ever achieved signifiant levels of technological innovation. It could be reasonable to draw some inferences from that, but it's not exactly conclusive due to all of the other influencing factors that history failed to control for.
A more reasonable approach would be to look at how resources are allocated today. R&D investments are made in areas where IP protections can be maintained. For technological innovations, this is largely through patents, or by not actually disclosing your IP to the public (by offering your innovation as a service rather than a product to your customers). There are examples of business that have attempted to operate without IP protections, but they've frequently been massive failures that have reverted back to asserting IP protections in order to survive (Mongo, Elastic, Docker...).
There's examples of innovation resourced by non-IP related means, but this is obviously not a very successful model, because the level of innovation it produces is tiny compared to the innovation resourced by IP protection. I can't think of any company that has managed to replicate the RHEL model recently. The give something away for free to drive sales of something else model is quite limited in the ways it can be applied, and often times it's back by selling something with IP rights attached to it. Do you think Intel would put so much effort into contributing to Linux if it didn't have other IP that it wanted to sell you to run your Linux on?
Yes, when you look at phenomena in retrospect, you can decide that all kinds of things are the sole unique cause of other things that happened afterwards
In general, it's very easy, starting with a model and a bunch of phenomena, to explain why all the phenomena fit the model, regardless of what the model is. This is why we care about things like randomized controlled trials or recording when a hypothesis fails to predict a result in science
It's also ridiculous to claim that monetary investment in a context that does have a strong concept of IP demonstrates that it creates more innovation: My whole argument is that the value of IP is to hoard it in order to make money, and companies invest in things that produce it because it will make them money. Given the financial incentives involved, it is vacuously true that this will happen under the current laws, and this has no bearing on whether this is more efficient or produces or encourages innovation
In software, a considerable amount of innovation does happen in FOSS, and gets re-used in industry to build products. This just doesn't get captured as said technologies (libraries, drivers, etc) turning a profit themselves because again, the laws as they currently exist do strongly incentivize, with money, doing things the way the most profitable corporations in this space do it, tautologically
Intel contributing to FOSS is a great example of why a company would care about FOSS even in the absence of IP: Intel sells, first and foremost, a physical good that it has invested considerably in infrastructure to produce, which involves a supply chain, equipment, and material expertise that is expensive and difficult to replicate, much less at the scale that lowers their costs. Without software, that physical product would be of little value to most people, but without patents on the chips, Intel would still be able to manufacture and sell chips and turn a profit
I think at the point where you agree that IP isn't fulfilling its purpose, the burden is on the concept of IP to demonstrate that it is a valuable legal concept, and all extant implementations simply fail to correctly realize it. Since we're playing the game of making wild extrapolative comparisons to arguments we haven't made, your line of argumentation reminds me of kids who balk at using the Soviet Union as an example for pure command economies being a bad idea.
I think property rights are, if not a necessary part of a functional society, at least something that we don't have a reasonable alternative for. In other places in this thread, I've contrasted situations in which property rights make sense with the ridiculous results of trying to apply the same principles to abstract ideas. The claim that it's not sane or coherent to consider ideas property is in no way equivalent to an objection to property rights in general