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Congratulations to FTC Commissioner Josh Wright
All of us here at TOTM are thrilled to announce that the Senate yesterday confirmed Josh Wright to be the next Commissioner of the Federal Trade Commission. As I wrote upon Josh’s nomination: Josh is widely regarded as the top antitrust scholar of his generation. He is the author of more than 50 scholarly articles and ... Congratulations to FTC Commissioner Josh Wright
Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates
Given the kerfuffle among libertarians and conservatives in the past month over what is basic copyright policy, my colleague and copyright law expert, Chris Newman, sent me this interesting Google Ngram graph on the use of “encouragement” vs. “incentive.” I won’t commit the fallacy of hasty generalization by inferring any conclusions from this single comparison, ... Encouragement vs. Incentive: Some Food for Thought in the Copyright Debates
Meese on Bork (and the AALS)
William & Mary’s Alan Meese has posted a terrific tribute to Robert Bork, who passed away this week. Most of the major obituaries, Alan observes, have largely ignored the key role Bork played in rationalizing antitrust, a body of law that veered sharply off course in the middle of the last century. Indeed, Bork began his 1978 ... Meese on Bork (and the AALS)
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
