Here's why I have an issue with your post. Intellectual property theft has a number of effects that directly follow, all of which are serious. You lose:
- Credibility and trust. There's always that hint of distrust when people meet you because they have heard that you have made a claim on person X who "stole" Y from you. They may not know anything about the details, but (they worry) maybe you'll make that same claim again...on them! Worse, if they don't know anything about it but only find out later through rumors, you will probably never hear anything from that person again. Whether or not you are right and whether or not you have evidence, you will always be referred to in the media as the person "who claims that he" _____, not the person "who" _____.
- Credit. If something really was taken from you that you created, chances are you aren't going to be recognized for it.
- Money. If you decide to stand up for yourself it costs a lot of money, typically in the six figures, but certainly no less than five. For the Winklevosses in the movie of course it cost low eight figures (though I'm not making a statement about their claims).
- Health. Anyone who has fought any major legal proceeding knows that it's pretty much guaranteed to have an effect on your health.
- Legal rights. If the person who took the intellectual property later uses a catalyst (like venture capital) to get ahead, you can be left not only minus your work, but also minus legal protections associated with it that are now attributed to the person who took it.
- Social relationships. There are three separate ways social relationships are impaired. If a large number of people become associated with the person who took the intellectual property (likely once again with venture capital), then you will automatically be isolated from those people no matter how decent they themselves may be. Dating is harder (see credibility and trust). Hiring, getting hired, or finding co-founders is harder, too (also see credibility and trust).
- Rebound potential. The only way to negate all of the above, which apply whether you are right or wrong, and whether the facts are available or not, is to become richer than the other person. Otherwise you are basically stuck.
As for the points in your article:
- Long term vision. Irrelevant, it can be supplanted with a different one, for better or for worse.
- Analytical insights. Irrelevant.
- Domain expertise. No, they can't steal it, but it can usually be replicated to some degree.
- Talent. No, they can't steal it, but it can definitely be replicated through other hires.
- Passion for great service? Sorry, but give me a break. What American consumer expects great service these days and will immediately turn away from a company due to a lack of it? Irrelevant.
- Luck. As I've described above, luck is a lot harder to come by in this position.
Anyway, that's my two cents. Sorry, but I just couldn't let this one go.
Aaron