The Archives

Everything written by Adam Mossoff on law, economics, and more

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

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

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)

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

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

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?”

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?