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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences

University of Pennsylvania Carey Law School

Series

2012

Commons

Articles 1 - 2 of 2

Full-Text Articles in Law

Beyond Coase: Emerging Technologies And Property Theory, Christopher S. Yoo Jun 2012

Beyond Coase: Emerging Technologies And Property Theory, Christopher S. Yoo

All Faculty Scholarship

In addition to prompting the development of the Coase Theorem, Ronald Coase’s landmark 1959 article on the Federal Communications Commission touched off a revolution in spectrum policy. Although one of Coase’s proposed reforms (that spectrum should be allocated through markets) has now become the conventional wisdom, his other principal recommendation (that governments stop dedicating portions of the spectrum to particular uses) has yet to be fully embraced. Drawing on spectrum as well as Internet traffic and electric power as examples, this Article argues that emerging technologies often reflect qualities that make defining property rights particularly difficult. These include the cumulative …


Antitrust And The Movement Of Technology, Herbert J. Hovenkamp Jan 2012

Antitrust And The Movement Of Technology, Herbert J. Hovenkamp

All Faculty Scholarship

Patents create strong incentives for collaborative development. For many technologies fixed costs are extremely high in relation to variable costs. A second feature of technology that encourages collaborative development is the need for interoperability or common standards. Third, in contrast to traditional commons, intellectual property commons are almost always nonrivalrous on the supply side. If ten producers all own the rights to make a product covered by a patent, each one can make as many units as it pleases without limiting the number that others can make. That might seem to be a good thing, but considered ex ante it …