The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Copyright”

Frischmann on Carrier’s Innovation in the 21st Century

I enjoyed reading Mike’s book very much. It provides an excellent primer on antitrust, IP, and innovation.  He synthesizes the legal and economic foundations, contours, and controversies in an accessible fashion. I applaud him for doing this because frankly, it is tough to do given that the fields are quite technical and specialized.  The book ... Frischmann on Carrier’s Innovation in the 21st Century

Crouch on Carrier’s Innovation in the 21st Century

I am enjoying Professor Carrier’s new book Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. I will focus my discussion here on patent issues discussed in Part III of the book. As other commentaries have noted the book is long on conclusions and proposals but somewhat short on justifications for ... Crouch on Carrier’s Innovation in the 21st Century

Symposium Halftime

We’re halfway through the TOTM symposium on Professor Carrier’s Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law.  I’ve provided links to Monday’s posts on the book related to antitrust issues: Dan Crane Phil Weiser Geoff Manne Josh Wright The comments to those posts are still live.  So feel free ... Symposium Halftime

Wright on Carrier's Innovation in the 21st Century

First, I want to join the rest of the participants in congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property. ... Wright on Carrier's Innovation in the 21st Century

Manne on Carrier's Innovation in the 21st Century

Michael Carrier has written a timely and interesting book.  Like Dan, I’m still digesting it (which means, in translation: I have not yet read every word).  There is much to like about the book, in particular its accessible format and content.  I do fear that it is a bit overly ambitious, however, hoping both to ... Manne on Carrier's Innovation in the 21st Century

Crane on Carrier’s Innovation in the 21st Century

Congratulations to Mike on a very fine book, which I must admit I am still in the process of digesting.  I will confine my initial comments to Mike’s chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review. Patent settlements involving “reverse payments” ... Crane on Carrier’s Innovation in the 21st Century

IP Colloquium: Statutory Damages and the Tenenbaum Litigation

Over at Doug Lichtman’s IP Colloquium, there is a new (and what looks to be very interesting) program up on the Tenenbaum file-sharing litigation. Here’s the description: Joel Tenenbaum looks a lot like every other defendant who has been accused by the music industry of illegally sharing copyrighted work online, but with one key difference: ... IP Colloquium: Statutory Damages and the Tenenbaum Litigation

Liebowitz's Reply to O/S on Filesharing

[See Update Below]   Stan Liebowitz has posted a reply to Oberholzer-Gee/Strumpf’s (O/S) referee report/ reply to Liebowitz’s original comment submitted and rejected by the JPE for publication (got all that?) (HT: Newmark and Peter). Stan includes email exchanges between himself and OS concerning access to the data (O/S did not allow access), copies of ... Liebowitz's Reply to O/S on Filesharing

Yet Another Voluntary Pricing Experiment

This time from Paste Magazine (HT: Peter Schwartz via Wired Blog Magazine), and motivated by the Radiohead Experiment, and with an interesting twist: Subscribers who choose to pay more than the normal $19.95 asking price will have their names printed in an upcoming issue of the magazine, but the entire year-long subscription can in fact ... Yet Another Voluntary Pricing Experiment

Domain Name Hijacking

Dan Solove over at Concurring Opinions reports on an insidious practice that unfortunately has become increasingly common: domain name hijacking. Here’s how it works. The original owner of a popular website fails to renew its domain name prior to the expiration of the owner’s entitlement. An opportunistic “hijacker” then purchases the name and offers to ... Domain Name Hijacking

Paternalism and the iPod, Part Trois

The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival offerings went into effect Thursday. “Me too” regulatory movements are already underway in Britain, Norway, Sweden, Poland and Denmark. This, as Microsoft plans to introduce “Zune,” its entry into the ... Paternalism and the iPod, Part Trois

Sirius/XM: An Antitrust Problem?

After scoffing for months at the suggestion that satellite radio firms Sirius and XM should merge, Sirius CEO Mel Karmazin admitted this week that it’s something he’d like to see happen but expressed doubts about the antitrust authorities permitting the deal to go through. See stories here and here. Karmazin is right that the proposed ... Sirius/XM: An Antitrust Problem?