The Archives

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

Showing archive for:  “News & Social Media”

FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

I have been a critic of the Federal Trade Commission’s investigation into Google since it was a gleam in its competitors’ eyes—skeptical that there was any basis for a case, and concerned about the effect on consumers, innovation and investment if a case were brought. While it took the Commission more than a year and ... FTC Deservedly Closes Google Antitrust Investigation Without Taking Action

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

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

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

The “Patent Litigation Explosion” Canard

We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents.  It’s become so commonplace that this phrase garners over 1.3 million hits on Google. It’s especially common fare in discussions about the “smart ... The “Patent Litigation Explosion” Canard

Today’s Software Patents Look a Lot Like Early Pharma Patents

The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are causing “chaos.” Judge Posner in particular has ... Today’s Software Patents Look a Lot Like Early Pharma Patents

Some Historical Perspective on Today’s High-Tech Patent Wars

The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software ... Some Historical Perspective on Today’s High-Tech Patent Wars

Leonhardt on the Age Gap

In today’s New York Times David Leonhardt has a pretty amazing article.  He tells us that “polls suggest that Mitt Romney will win a landslide among the over-65 crowd and that President Obama will do likewise among those under 40.” He links to the Gallup Poll for this evidence. ( I generally don’t follow polls; ... Leonhardt on the Age Gap

New Technology in Europe

Last week the New York Times ran an article, “Building the Next Facebook a Tough Task in Europe“, by Eric Pfanner, discussing the lack of major high tech innovation in Europe.  Eric Pfanner discusses the importance of such investment, and then speculates on the reason for the lack of such innovation.  The ultimate conclusion is ... New Technology in Europe

Hating Capitalism

One topic that has long interested me is the source of dislike or hatred of capitalism; my Southern Economics Journal article “Folk Economics” (ungated version)  dealt in part with this topic. Today’s New York Times has an op-ed, “Capitalists and Other Psychopaths” by William Deresiewicz, who has taught English at Yale and Columbia, that both ... Hating Capitalism

Richard Thaler on “Slippery Slopes”

In today’s New York Times, Richard Thaler argues that the Constitutional “slippery slope” argument in the Obamacare case (“Today health care, tomorrow broccoli”) is misguided.  This is a strange argument in this particular case.  We must remember that all of today’s commerce clause jurisprudence (which everyone agrees has greatly expanded the power of the Federal ... Richard Thaler on “Slippery Slopes”

Potential Problems with an FDA Model for Regulating Financial Products

New York Times columnist Gretchen Morgenson is arguing for a “pre-clearance”  approach to regulating new financial products: The Food and Drug Administration vets new drugs before they reach the market. But imagine if there were a Wall Street version of the F.D.A. — an agency that examined new financial instruments and ensured that they were safe and ... Potential Problems with an FDA Model for Regulating Financial Products