mrswdk wrote:2) I am also referring to the IP theft that happens the moment a new product hits the shelves, at which point much of the companies trade secrets can now be stolen by purchasing a single unit of their product. I mean, I can buy a pair of Beats for $7 in my local supermarket in Beijing. The week Django Unchained hit the cinemas I bought it on DVD for $1, from a store. Ain't no way I was gonna buy the properly licensed versions for a total of nearly $300 when I could get the unlicensed versions for a total of $8.
3) sounds a little like we're in danger of running a vigilante system. What would a private enforcer do if it caught IPR being violated? What legitimate actions could this private enforcer take?
(2) Sure, trade secrets can be discovered through reverse-engineering, but this only applies to x-amount of products--not all of them. However, there's 'backup' systems for this which mitigate some of the negative consequences. With some products, even if they could be reverse-engineered, their quality may be less. In short, the substitute/knock-off version might still be of lesser value than the original product.
Of course, some products like dvd's and ebooks can be replicated at very low or practically zero costs without any loss in the quality. One way DVD distributors and producers of the context get around this is by selling special artwork, pamphlets, and what not which only come with their DVD. People can knock off the DVD itself, but it's usually never worth their time to scan each page and print it themselves to sell with the knock-off DVD. So, some people will buy the knock-off, and some will value the original. The main point is that it's not just the product that matters, but also the additional services and goods which can come with a product. In short, sellers can compete on a variety of margins.
It's up to the seller to entice people away from the knock-off, and this is done without any need of government. For example, suppose a Chinese company can rebuild the Chevy Volt and sell it for 50% the price. We may say, "omg, that product will drive away Chevy's customers," but the product itself is not the only thing of value. Chevrolet can provide superior overall quality through additional means like customer service, warranties, and so on. The Chinese company might be able to match that, but it's not as easy as simply reverse-engineering a product.
(3) So, now we're getting into anarchy and the law. There's plenty of evidence where people have resolved disputes peacefully without government (Order without Law; The Enterprise of Law). There's plenty of sound theoretical work on this (Anarchy and the Law provides a nice overview), and there's more. This requires a lengthy post which at the moment I'm not quite interested in undertaking. One interesting model is FOCJ (
functional overlapping competing jurisdictions), where you have 'governments' offering a variety of services in different quantities to different areas. Another is
market-preserving federalism which retains a national, limited government while leaving most of the public policies to each State.
Those are the alternatives, and some scenarios within some of them can be characterized as 'vigilante-esque', but that's not entirely correct. In short, if private courts and private security companies require voluntarily given profits in order to remain in business, then it's not profitable for it to engage in wars or vigilante conflicts. Other companies would respond accordingly, and on net both lose. It's cheaper to resolve issues through contracts and through adjudication. (This is why you see some companies in today's political economy engaging in price wars, but then agreeing not to do that because in the end it's not profitable. Of course, antitrust laws and 'predatory' pricing nonsense limit options and contribute to inefficiency, thus waste, in our world, but that's how it's been going). There's plenty of caveats and modifications I should add to that, but I'm keeping it brief.
And, as always it helps to frame these alternatives with our current system--which is essentially based on theft and coercion while promoting and reinforcing incompetence, corruption, and rent-seeking with its short-sighted politicians and chief bureaucrats. Many people have yet to mature from their fundamentally socialist views on a variety of goods and services (you'd think the Soviet experiment was enough evidence, and it was for many, but some are hopelessly ignorant). For me, I am still largely of the opinion that international security is a public good, thus requires socialization, but that's about it.