The Big Steal

Informationen zum Autor Jonathan M. Barnett is the Torrey H. Webb Professor of Law at the University of Southern California, Gould School of Law, and director of the law school's Media, Entertainment and Technology Law Program. He specializes in antitrust, competition, and intellectual property law and policy, with a focus on monetization strategies and organizational structures in content and technology markets. He has published widely in scholarly and policy publications and comments regularly on innovation policy matters in the press and at professional conferences. Prior to academia, he practiced corporate law at a leading international law firm, specializing in mergers and acquisitions. Klappentext The Big Steal uncovers the unusual confluence of ideological views and business interests behind the dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrent with the rise of the digital economy, policymakers significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Through an evidence-based analysis informed by the economics and politics of digital markets, Jonathan Barnett shows that this policy shift has advantaged digital intermediaries at the expense of the innovators and artists that drive the knowledge economy Zusammenfassung In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that "information wants to be free," significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets. Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies. Inhaltsverzeichnis Introduction Part One. Concepts and Background 1. Making and Unmaking IP Rights 2. The Accidental Alliance Part Two. Unmaking Copyright Law Introduction to Part Two 3. The Political Economy of Copyright Law 4. The Rise of Unfair Use 5. How Courts Rewrote the DMCA 6. The Hesitant Return of Reason Part Three. Unmaking Patent Law Introduction to Part Three 7. The Political Economy of Patent Law 8. The Patent Litigation Explosion and Other Patent Horribles 9. Patent Trolls and the Demise of the Injunction 10. The Patent Holdup Conjecture 11. China and the Accidental Alliance Part Four. The Hidden Costs of Free Stuff 12. How Free Stuff Distorts Innovation and Competition 13. How Weak IP Rights Shield Incumbents and Impede Entry 14. Free Stuff Gets Dangerous 15. Free Stuff and the Decline of the Free Press Part Five. Remaking IP Rights 16. The Inevitability of Property Rights 17. Reinvigorating IP Rights and the Innovation Ecosystem Conclusion ...

Auteur
Jonathan M. Barnett is the Torrey H. Webb Professor of Law at the University of Southern California, Gould School of Law, and director of the law school's Media, Entertainment and Technology Law Program. He specializes in antitrust, competition, and intellectual property law and policy, with a focus on monetization strategies and organizational structures in content and technology markets. He has published widely in scholarly and policy publications and comments regularly on innovation policy matters in the press and at professional conferences. Prior to academia, he practiced corporate law at a leading international law firm, specializing in mergers and acquisitions.

Texte du rabat

The Big Steal uncovers the unusual confluence of ideological views and business interests behind the dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrent with the rise of the digital economy, policymakers significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Through an evidence-based analysis informed by the economics and politics of digital markets, Jonathan Barnett shows that this policy shift has advantaged digital intermediaries at the expense of the innovators and artists that drive the knowledge economy

Résumé
In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that "information wants to be free," significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets. Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies.

Contenu

• Introduction

• Part One. Concepts and Background

• 1. Making and Unmaking IP Rights
• 2. The Accidental Alliance

• Part Two. Unmaking Copyright Law

• Introduction to Part Two

• 3. The Political Economy of Copyright Law
• 4. The Rise of Unfair Use
• 5. How Courts Rewrote the DMCA
• 6. The Hesitant Return of Reason

• Part Three. Unmaking Patent Law

• Introduction to Part Three

• 7. The Political Economy of Patent Law
• 8. The Patent Litigation Explosion and Other Patent Horribles
• 9. Patent Trolls and the Demise of the Injunction
• 10. The Patent Holdup Conjecture
• 11. China and the Accidental Alliance

• Part Four. The Hidden Costs of Free Stuff

• 12. How Free Stuff Distorts Innovation and Competition
• 13. How Weak IP Rights Shield Incumbents and Impede Entry
• 14. Free Stuff Gets Dangerous
• 15. Free Stuff and the Decline of the Free Press

• Part Five. Remaking IP Rights

• 16. The Inevitability of Property Rights
• 17. Reinvigorating IP Rights and the Innovation Ecosystem

• Conclusion