Response to “failed IP” post at TechCrunch
TechCrunch posted an article discussing how to handle IP in failed startups, noting that it is frequently stuck in legal or financial limbo. This is another of the problems related to hidden evidence. Startups are probably going to fail. So why is this not accounted for in a manner such that their IP is designed to live on and benefit people instead of getting stuck in a failure outcome?
If IP is open sourced from the beginning, it isn’t dragged down by failure of the company. A number of startups are taking this path (SocialText for instance). If done right, this can be used as a competitive advantage, scaring potential competitors from having to compete with you on a playing field where you give your software away free to those willing to make it work, while being in the perfect position to charge those who want their hands held.
I like that people are discussing these problems, I don’t like that they don’t recognize them as overall system failures but as cute questions. The system should be designed to handle these probable outcomes better for the benefit of everyone.