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1. It's all about underlying incentives. Short term those will always counsel early settlement, if there's enough awareness and collective action to take the long-term view, then we might be able to push incentives in another direction.

2. Some of the existing collectives combine their IP assets to give each other a license to each other's patents or the benefit of any future settlements, which limits the exposure a bit. Not sure if something like underwriters of patent troll insurance could combine the incentives enough into long-term view to make that worthwhile.

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