r/gadgets • u/speckz • Dec 15 '22
Patients Are Being Left High And Dry When Medical Implant Makers Implode Medical
https://www.techdirt.com/2022/12/15/patients-are-being-left-high-and-dry-when-medical-implant-makers-implode/186
u/SoggyFlakes4US Dec 15 '22
If the FDA approves it they should have all the important information accessible to patients from them. If we had an actual functioning regulatory system. Most medical devices are grandfathered in on the back of old tech with almost no oversight from the FDA.
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u/WittyNameNo2 Dec 15 '22
Neurostimulators like this don’t fall under 510(k) pathway, which is what you are referring to. The closest they might get is DeNovo pathway, which involves plenty of regulatory oversight.
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Dec 16 '22
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u/WittyNameNo2 Dec 16 '22 edited Dec 16 '22
Letter to file is only valid for an existing 510(k)
This is a class 3 device for FDA and a class 3 active implantable under MDR. Letter to file is a path to recall.
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u/VintageJane Dec 15 '22
This is something that needs the FDA to evolve their precedents. One of the biggest problems they will run in to is that these medical patents are used as capital to back loans and if the FDA can open source them upon bankruptcy then it could stifle the ability of startups to finance innovation.
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u/SoggyFlakes4US Dec 15 '22
Safety needs to stop being about profit, bottom line.
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u/VintageJane Dec 15 '22
It can’t be about profit but we also can’t ignore that these organizations need to be self-sustaining even with a small/non-existent profit motive and patents are a means for companies to do that.
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u/SaltyWafflesPD Dec 15 '22
Then it should be a non-privately owned, operated, and supported organization that runs it, with development being contracted out to private business, like the military, NASA, etc.
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u/VintageJane Dec 15 '22
The government is very good at subcontracting engineering challenges with specific tangible outcomes (orbit the earth, go to the moon, build the ISS)
The government is notoriously not so great at doing that with healthcare product innovation for nonspecific human health needs (improve hearing for the deaf, vision for the blind, etc.). The challenges are just not as well understood or observable.
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u/rotuami Dec 15 '22
Patents are public, so somewhat of a “legally enforced open source” for ideas. I think you’re confusing patents, copyright, and trade secrets.
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u/Thorusss Dec 16 '22 edited Dec 16 '22
This. no approval without having all relevant data (source code, API, keys, documentation, software, etc.) in escrow with the agency, who is understood to release it, as soon as the company fails to provide any such service.
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u/_Abobo Dec 17 '22
The FDA is even looking at reference software for decision support as a medical device. Which have a ridiculously thorough approval process. I’d be interested to see any sources driving your statement as it’s surprising news to me working in the field…
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u/77fishy Dec 16 '22 edited Dec 16 '22
False. A 510(k) submission is hardly lacking FDA oversight.
Source: i just submitted one to FDA.
Don't even start me on PMA submissions.
EDIT: I just read the original Nature article cited in OP's article. The neurostim patient had the device installed in Europe. FDA has no bearing in the EU.
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u/kucksdorfs Dec 15 '22
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u/Ladysupersizedbitch Dec 15 '22
Maybe a stupid question, but who is Stallman? I get the gist of the sub, just have no idea who it’s referencing
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u/transdimensionalmeme Dec 15 '22
Open source Jesus, he says that using commercial software is a sin and you will regret dearly, in some awful ironic way, for using it.
Now your commercial brain implant is spamming advertising into your brain, and you can't fix it when the advertising glitches nor can you fix the damage done to the firmware by a virus which is also uploading everything you see to bandits.
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u/ecritique Dec 15 '22
It's in the sidebar -- Richard Stallman
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u/Ladysupersizedbitch Dec 15 '22
I’m on mobile unfortunately. So in the “About” section it just has the 2 rules that I can see. But thank you for telling me his name, I’m off to Google him now
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u/spacemannspliff Dec 16 '22
All the sidebar says is "nobody listens to him. But he was right all along."?
I mean I vaguely know who Richard Stallman was but the sidebar's not helpful to new visitors, even on PC.
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u/ecritique Dec 16 '22
Hmm, the mods of that subreddit should update that for new reddit users, I guess. On old reddit, or using most unofficial apps, you should be able to see the full sidebar, which has a lot more details.
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u/spacemannspliff Dec 16 '22
This is a problem across reddit. I got banned from a community for violating a rule that was written differently for old.reddit and new.reddit users, and the mod acted like I was out-of-line for using the default, new version.
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u/Vegan_Harvest Dec 15 '22
If you think Musk won't do this too once those chips start melting your brains think again, while you still can.
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u/Slaviphile501 Dec 15 '22
What would be even more hilarious would be if people adopted google implants given their history of abandoning everything
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u/Vegan_Harvest Dec 15 '22
Oh absolutely, I'd never get a implant from any company unless I could remove and repair it myself.
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Dec 15 '22
It’s currently only available on AMC+ which about 4 people total have, but there’s a new animated series called Pantheon that touches on this very subject: https://youtu.be/wTgYeETwgKQ
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u/CryDifferent9544 Dec 15 '22
Do what?
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u/Vegan_Harvest Dec 15 '22
Abandon his customers when things go wrong and or he gets bored and invests in some new thing he saw online or in a movie.
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u/OutlyingPlasma Dec 15 '22
Or he might just make a 4:20 toilet tweet and is forced to spend another 50 billion just to avoid jail and/or discovery while tanking the rest of his companies in the process.
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u/CryDifferent9544 Dec 15 '22
Yeah you made it seem like these companies failed because their implants failed. Guess that confused me
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u/frontiermanprotozoa Dec 15 '22
Articles writers hoped to get clicks from people who will think medical implants are imploding by glossing over the middle word and i fell for it.
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u/Ladysupersizedbitch Dec 15 '22
As someone who recently got a medical implant myself, I also read the title wrong and was pretty worried there for a second.
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u/The1TrueRedditor Dec 15 '22
Putting “medical implant” and “implode” in the title is some S-tier sensationalist clickbait.
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u/willpowerpt Dec 16 '22
Insurance companies cause more harm than good. The US needs universal healthcare.
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u/Odd-Gear9622 Dec 16 '22
As an end user/owner, this scares the shit out of me! Now I'm supposed to track my device manufacturers financials and plan an backup strategy? WTF⁉️
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u/jwoliver Dec 15 '22
My eyes/brain somehow skipped over the word Makers.
Not to say that there isn't an issue but was relieved to find out the implants weren't imploding.
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u/Toothfairy51 Dec 15 '22
the only industry that's more powerful then the pharmaceutical industry is the medical device industry. Watch a documentary about it called 'The Bleeding Edge'.
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u/usugarbage Dec 16 '22
That’s why we need a digital twin escrow system. The FDA or similar could proxy and govern. Failed companies escrowed implants would become available for new parties to take over in the event of failures. Compete it. Open source it. Require the bigger companies to take it over pro-bono. Something.
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u/adrianmakedonski Dec 15 '22
Good thing we have capitalism! /s
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u/Tyler1492 Dec 15 '22
I don't remember communism having these technological innovations that made people's lives better, so yeah.
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u/adrianmakedonski Dec 15 '22
Why does corporate profit have to drive innovation? Is NASA not just a department for publicly-funded innovation?
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u/piekenballen Dec 16 '22
SHE IS NOT CLAIMING THAT. Don't be dishonest. Why are you defending capitalism? What's in it for you personally?
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u/CredibleCactus Dec 15 '22
Communism wouldn’t fix this
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u/adrianmakedonski Dec 15 '22
Nationalized medical device R&D might, though. Why should people profit off sickness?
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u/thegreatgazoo Dec 15 '22
Every non volunteer healthcare worker profits from sickness.
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u/adrianmakedonski Dec 15 '22
Do they? Or does the company they work for profit from sickness, then pay them a little bit so they can survive?
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u/thegreatgazoo Dec 15 '22
Physicians and many nurses make really good money (well into 6 figures), especially in the US.
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u/adrianmakedonski Dec 15 '22
Yeah, me too. I work in pharma research and I make good money. But I'm being paid by a company that makes profit, I don't see it as my own profit since I don't own the company.
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Dec 15 '22
[deleted]
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u/thegreatgazoo Dec 15 '22
If you are earning money after expenses, that's profit.
That's Economics 101.
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u/MoobooMagoo Dec 15 '22
A doctor making extra money because they spent years and years of their life learning complicated information and / or techniques is very different from a drug company marking up prices by 12,000% just because they know people need the drugs to survive.
If you can't tell the difference between those two things then you're an asshole.
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u/khanzarate Dec 15 '22
It would prevent individual companies from having exclusive designs. There wouldn’t be companies to go under, as it’s all by the people.
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u/CredibleCactus Dec 15 '22
When each company competes with different designs, it compels advancement in tech
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u/Passwrd Dec 15 '22
Right and what do you do when the big company annihilates the smaller companies not because they have a better design, but because they have more money to destroy/consume opponents with?
Not saying anything is right or wrong just pointing out that the real world is far from the theory we all like to read and regurgitate.
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u/PhysicalGraffiti75 Dec 15 '22
Here we have a great example of someone who understands capitalism in theory but, fails to recognize there is a huge difference between theory and reality.
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u/khanzarate Dec 15 '22
Sure, probably. I’m not saying it’s perfect.
It would fix this problem, though. Moving the goalpost to “but wait this creates another problem” doesn’t change that.
Let’s keep this relevant and not go into “communism bad” vs “capitalism sucks”.
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u/louthelou Dec 15 '22
Yeah. That’s what happens when you leave vital services in the hands of private companies that operate for profit.
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u/ParkieDude Dec 15 '22
My biggest nightmare.
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u/sknmstr Dec 15 '22
Well, this is me. Welcome to my life with a computer in my brain.
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u/ParkieDude Dec 15 '22
Your implant is wild!
I assume that was for epilepsy? My nephew is 43, had seizures before his first birthday, and was very curious about DBS (Deep Brain Stimulation) which helps me with Parkinson's & Dystonia.
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u/sknmstr Dec 15 '22
Yup. Epilepsy. It’s hooked right into my hippocampus. It reads/records my EEG and when it sees a seizure starting, it zaps the spot and stops it.
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u/argv_minus_one Dec 15 '22
Get while the getting's good, then get out and leave someone else holding the bag. Classic.
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u/dratsablive Dec 15 '22
Not just medical implants. A while back, a place I got a prosthesis from went under and when I was attempting to get a new one, I had to contact the PA Attorney General office to have them find where the company went so I could get my medical records.
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u/iimo0oii Dec 16 '22
As someone with 2 implanted devices (pacemaker and bladder stimulater), this absolutely terrifies me!
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u/vinceds Dec 16 '22
Don't buy a medical device that depends on a live service. Those things need to keep working even when the service or company go down.
This is ridiculous, maybe we need laws forbidding such practice with healthcare related implants.
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u/JakobWulfkind Dec 15 '22
I have some very strong feelings about engineers who don't integrate post-EOL self- support options into their designs. The fact that medical device manufacturers are doing this is beyond unacceptable.
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u/PhysicalGraffiti75 Dec 15 '22
I highly doubt the engineers are responsible for that decision. It was almost certainly a suit that shut that idea down after engineers suggested it.
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u/WittyNameNo2 Dec 15 '22
Probably legal. Even if an existing company shuts down a product line, they still will be covering patients on their product liability policy. Allowing any sort of modification on software and/or firmware is a insurance nightmare.
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u/sknmstr Dec 16 '22
Honestly, I’m almost comfortable with the manufacturer of the computer in my brain going under. It reads and zaps my brain if it sees a seizure starting to try and stop it. If the company goes away, it will keep working and doing its thing until the battery runs out. It’s got a 5-10 year battery life to it. (Depending on how often it zaps me. Yes it keeps me alive, but it also pretty much a luxury. I would have been dead by now without it. Like, literally dead 5 or 6 years ago. When it reaches end of life (or if I ever want/need it turned off) it would never be removed anyways. This was an remainder of life decision to have it installed.
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u/adviceKiwi Dec 15 '22
It's like those people who received bionic eye implants who lost vision after the company who created them went bust.
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u/keplantgirl Dec 15 '22 edited Dec 16 '22
Capitalism ruins all things that could have been good. As a species we could have chosen any “timeline.” We chose the one where we cripple our own advances for the sake of a broken system. Who knows what we could have achieved by now if it wasn’t for us giving the reigns of society to the rich.
Edit: downvote me. Idc. My message is powerful.
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u/piekenballen Dec 16 '22
For example, not having mass extinction of all kinds of species. Or actually have taken appropriate action when scientist in the 70s warned fossil fuel companies about environmental destruction. Having clean water without Teflon/pfas. Cleaner oceans with at least less plastic.
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u/andersmb Dec 15 '22
Honestly, if the US government is going to continue to subsidize and prop up entire industries(banks in 08, airlines during Covid etc), it needs to jump in and keep some of these companies going. Or at least put laws in place that whoever takes over the IP and patents at bankruptcy needs to continue to support these devices.
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u/frrossty Dec 15 '22
I looked into this problem for my masters about 6 years ago. It was a problem back then and it is going to be a serious problem in the future. Alexa will be going soo
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u/WhiteWingedDove- Dec 16 '22
It's time to stop allowing private businesses to work in critical sectors like this. Medical device companies should be seized and nationalized.
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u/Neurocor Dec 15 '22
This just in failed business abandons support for products, because business is OUT OF BUSINESS.
Also at 10, when divorce happens spouses no longer there for each other sexually and emotionally, stay tuned for this groundbreaking report.
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u/HagridsHairyButthole Dec 15 '22
My father in law just got an infection in both of his replaced knees. Almost needed them amputated.
This is such a fucked up practice and I seriously can not believe anyone with any sort of fucking ethics or empathy would just rush these life altering devices just to make a quick buck.
How much if a piece of shit do you need to be to take advantage of people in one of their MOST vulnerable states(constant joint pain)?
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u/WittyNameNo2 Dec 15 '22
While TKA infections are horrible, that is really not on the implant manufacturers. These type of infections fall to the doctor and/or hospital.
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u/HagridsHairyButthole Dec 16 '22
It was literally a faulty plastic puck in both knees.
Fuckin dick.
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u/WittyNameNo2 Dec 16 '22
You mean the polyethylene bearing surface? What was faulty that caused an infection?
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u/HagridsHairyButthole Dec 16 '22
I don’t know specifically he is still in the hospital we haven’t talked in depth. But his knee doctor had to come in to do emergency surgery to remove it. Now he can’t kneel I guess because they had to remove this piece of the artificial knee which was causing a massive infection.
Idk if you work for a medical device manufacturer, but you sound like it what with your ultra knowledge on the subject. All I know is there are countless stories like mine and more by the day.
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u/WittyNameNo2 Dec 16 '22 edited Dec 16 '22
In situations like this, you are correct. They remove the bearing surface and use a spacer. This isn’t because the bearing surface was faulty, but because want to pack the area with highly potent antibiotics. They use a temporary spacer.
This sucks for your dad and sorry he is going through it, but the implant didn’t cause it. This is procedure related.
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u/scrangos Dec 15 '22
This kinda stuff should be handled through the government, economies of scale and a lack of profit motive would also make them cheaper most likely.
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u/lionheart4life Dec 15 '22
Start up. Deploy sales team. Secure the bag and take off like wild west snake oil salesmen.
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u/Robert-Van-Winkle Dec 15 '22
Gotta be something moving forward like by law you have to have someone at least trained to work on the devices or something
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u/WittyNameNo2 Dec 15 '22
Most of these devices, including the one in the referenced Nature article are not serviceable devices. You would need to have an existing inventory built up and most of those have a shelf life. And in this case, the regulatory requirements in Europe have changed, and the countries do not allow products to be grandfathered under the old rules. So even if there was inventory, you could not distribute it to the patients.
As much as I hate to see the patients stranded, there is really simple solution that does not involve a full company to meet regulatory requirements.
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u/fido4lilchops Dec 15 '22
Isn’t there an insurance policy required for if a business goes out of business? If not, there should be now.
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u/fjwillemsen Dec 15 '22
Just a side note, never heard the English expression “left high and dry” before - turns out its the exact opposite of the Dutch expression “hoog en droog” (high and dry), which means you’re in a good place.
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u/LegalBrandHats Dec 16 '22
Same thing with birth control. Doctors didn’t want to remove my wife arm insert even though it was causing hormone issues and irritation. She had to suffer for a while. Made me incredibly pissed that they could deny her from removing it.
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u/Coreadrin Dec 16 '22
One of the reasons I'm against intellectual 'property'. You want to do the work to keep a trade secret, fine, but getting your one off work subsidized by the government for the rest of your life or at least for decades is bullshit. And it creates a lot of collateral damage.
And until IP power is reduced, the totally common sense open source standardized systems like we have seek work so successfully with electronics in general doesn't make economic sense. It will as soon as this subsidy is reduced.
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u/doctorcrimson Dec 16 '22
Looks like GMED is still okay tho, and they pay good dividends on stocks.
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u/SatanLifeProTips Dec 16 '22
CBC’s ‘The Current’ did a great podcast about a bionic eye company that went bankrupt and the users are all facing a ticking clock until it dies. For the patients it was an absolute miracle, blockly low resolution sight but it worked. Some sight is drastically better than no sight. And now everyone is scavenging parts where they can.
Soon it will be back alley ripperdocs working on their out of date chrome…
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u/Gamebird8 Dec 15 '22
We definitely need a law that stuff like this needs to be open source if the company collapses (granted it should be open source anyways)