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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
Standard Essential Patents and Antitrust
Last week, I participated in a panel discussion on standard essential patents and antitrust at the Washington Legal Foundation. The panel was entitled, “Standard Essential Patents: Where do IP Protections End and Antitrust Concerns Begin?” It was a great panel, and I think everyone did a really good job at avoiding any unnecessary technical jargon ... Standard Essential Patents and Antitrust
Hill Event on December 13: “CopyRIGHT: Can Free Marketeers Agree on Copyright Reform?”
What promises to be an interesting and lively panel discussion on copyright will occur on the Hill on December 13. Even better, it includes not one but two Truth on the Market bloggers–Geoff and me! Come one, come all! EVENT ADVISORY FOR IMMEDIATE RELEASE November 30, 2012 CONTACT: Will Rinehart (202) 599-0408 Register for ... Hill Event on December 13: “CopyRIGHT: Can Free Marketeers Agree on Copyright Reform?”
Section 5 of the FTC Act and monopolization cases: A brief primer
In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer
The market realities that undermine the antitrust case against Google
As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google
My latest article: A Signaling Theory of Law
Available here. Although not the first article to build on Orin Kerr’s brilliant paper, A Theory of Law (blog post here) (that honor belongs to Josh Blackman’s challenging and thought-provoking paper, My Own Theory of the Law) (blog post here), I think this is an important contribution to this burgeoning field. It’s still a working paper, though, ... My latest article: A Signaling Theory of Law
Dear DOJ: Take a Look at the Law Schools.
The U.S. Department of Justice sued eBay last week for agreeing not to poach employees from rival Intuit. According to the Department’s press release, “eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company.” DOJ maintains that agreements among ... Dear DOJ: Take a Look at the Law Schools.
Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?
http://www.fed-soc.org/publications/detail/boon-or-bane-for-technological-innovation-software-patents-podcast Although pure software patents are only a couple decades old, they have become the focus of a heated innovation policy debate. On the one hand, new technological innovation once imagined only as science fiction is now a commonplace feature of our lives — tablet computers, smart phones, wireless telecommunication, cloud computing, and streaming television, ... Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?
The Case for Copyright
Mark Schultz, law professor and specialist in copyright law, has written an excellent response to the Republican Study Committee policy brief on copyright law that has been making the rounds on the Internet the past several days. Although the RSC promptly retracted the policy brief, the blogosphere has erupted in commentary on what appeared to ... The Case for Copyright
Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism
After more than a year of complaining about Google and being met with responses from me (see also here, here, here, here, and here, among others) and many others that these complaints have yet to offer up a rigorous theory of antitrust injury — let alone any evidence — FairSearch yesterday offered up its preferred ... Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism
