Sure, but this is minor issue

Posted Apr 26, 2011 12:08 UTC (Tue) by khim (subscriber, #9252)
In reply to: A victory for the trolls by lakeland
Parent article: A victory for the trolls

You can sign a deal with someone who'll sell your programs in US. Since only proven-good software will be sold there expenses will be slimmer. Since you still will amass US patents to cripple efforts of US competitors they will feel the full impact.

Basically the threshold is the point where it's pointless to even try to create new startup for it will be destroyed by overseas competitors before it'll reach the stage where it can be IPOd.

This will require few more years and some more high-profile defeats (like the one under discussion today).

P.S. This why I said China and not India: you need strong internal market for the effect to take hold. If the YouTube and/or Facebook are illegal there... well it just means that development in these directions will still be concentrated in US and will lag behind other developments.