Free Software example I m not sure if the reference to open source as an example of innovation outside the traditional IP model is as strong as it could be As far as I can see the standard argument for IP protection is not that it s the only way that people can innovate but that the overall level of innovation will be much higher with it The fact that works of authorship can be written without direct financial incentives does not in itself contradict the standard IP model For such criticism to be very strong you would have to show not only that direct financial incentives are not always required but also that direct financial incentives do not act as a meaningful incentive to innovate in significant cases In other words the standard IP model does not say that counterexamples can not exist It just says that you will get more overall innovation with IP protection that you would without it Listing counterexamples without also discussing their wider significance does not in itself invalidate the incentives to innovate argument It would perhaps be better to cite studies of the effects of patent reform or something like that