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Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users
As Democrats insist that income taxes on the 1% must go up in the name of fairness, one Democratic Senator wants to make sure that the 1% of heaviest Internet users pay the same price as the rest of us. It’s ironic how confused social justice gets when the Internet’s involved. Senator Ron Wyden is ... Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users
Podcast of Debate Between Judges Posner and Michel on the Patent System
You can listen here: http://www.fed-soc.org/publications/detail/is-the-patent-system-working-or-broken-a-discussion-with-judges-posner-and-michel-podcast Is the Patent System Working or Broken? A Discussion with Judges Posner and Michel Today, people read almost daily reports about the “broken patent system” in newspaper articles, blogs and at social media websites. Is this true? On the one hand, the high-tech and biotech industries seem awash in patent ... Podcast of Debate Between Judges Posner and Michel on the Patent System
Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check
A debate is brewing in Congress over whether to allow the Federal Trade Commission to sidestep decades of antitrust case law and economic theory to define, on its own, when competition becomes “unfair.” Unless Congress cancels the FTC’s blank check, uncertainty about the breadth of the agency’s power will chill innovation, especially in the tech ... Time for Congress to Cancel the FTC’s Section 5 Antitrust Blank Check
Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)
A heavily revised and expanded verison of one of my earlier blog postings was just posted as an op-ed on Forbes.com. This op-ed addresses how the FTC and DOJ have let themselves become swept up in anti-patent rhetoric, as evidenced by the FTC-DOJ workshop on December 10 that I participated in. Here’s a small taste ... Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)
Ending Transaction ‘Mission Creep’ at the FCC
by Larry Downes and Geoffrey A. Manne Now that the election is over, the Federal Communications Commission is returning to the important but painfully slow business of updating its spectrum management policies for the 21st century. That includes a process the agency started in September to formalize its dangerously unstructured role in reviewing mergers and ... Ending Transaction ‘Mission Creep’ at the FCC
Judge Michel and Judge Posner to Discuss the Patent System on Dec. 19 Teleforum
Next Wednesday, I’m moderating a teleforum discussion between Judge Michel and Judge Posner on the patent system. This teleforum is open to the public, and so anyone can call in. Here’s the information: The Federalist Society’s Intellectual Property Practice Group and The George Mason University Law School Center for the Protection of Intellectual Property Present ... Judge Michel and Judge Posner to Discuss the Patent System on Dec. 19 Teleforum
“Google and Antitrust” roundtable at AALS
I will be participating in a wide-ranging discussion of Google and antitrust issues at the upcoming AALS meeting in New Orleans in January. The Antitrust and Economic Regulation Section of the AALS is hosting the roundtable, organized by Mike Carrier. Mike and I will be joined by Marina Lao, Frank Pasquale, Pam Samuelson, and Mark ... “Google and Antitrust” roundtable at AALS
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements. Thus, for instance, libertarian law professor, Tom Bell, has written in the University of Illinois Journal of Law, ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
Debates on Patent System Should Focus on Facts, Not Rhetoric
The following is an op-ed I wrote last week on behalf of the Innovation Alliance, which represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system that supports innovative enterprises of all sizes. Unfortunately, the op-ed not find a home in a ... Debates on Patent System Should Focus on Facts, Not Rhetoric
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)
In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements. Thus, the argument goes, property rights in land are rooted solely ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)
Prominent Professors, Deans and Former Government Officials Support Josh Wright’s Nomination to FTC
Today, thirty-one prominent deans, professors, and former government officials who specialize in law and economics and antitrust submitted a letter to the Senate Commerce Committee supporting Josh Wright‘s nomination to be a Commissioner at the Federal Trade Commission. The letter, which is addressed to Chairman John D. Rockefeller IV and Ranking Member Kay Bailey Hutchison of ... Prominent Professors, Deans and Former Government Officials Support Josh Wright’s Nomination to FTC
The Broken Reporting Causing the “Broken Patent System” Hokum
It’s almost impossible to read an article or blog posting today about patents that doesn’t complain that “the patent system is broken.” It’s especially prevalent in reports on high-tech patents, software patents, or the “smart phone wars.” (I’m not hyperlinking here, because there’s just too many examples to choose between.) In fact, the din on ... The Broken Reporting Causing the “Broken Patent System” Hokum
