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Full-Text Articles in Law
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Faculty Scholarship
Environmental laws are designed to reduce negative externalities (such as pollution) that harm the natural environment. Copyright law should adjust the rights of content creators in order to compensate for the ways they reduce the usefulness of the information environment as a whole. Every new work created contributes to the store of expression, but also makes it more difficult to find whatever work one wants. Such search costs have been well-documented in information economics. Copyright law should take information overload externalities like search costs into account in its treatment of alleged copyright infringers whose work merely attempts to index, organize, …
The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg
The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg
Faculty Scholarship
This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …
Book Review, Jennifer L. Behrens
Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal
Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal
Faculty Scholarship
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …
Will Longer Antimicrobial Patents Improve Global Public Health?, Kevin Outterson
Will Longer Antimicrobial Patents Improve Global Public Health?, Kevin Outterson
Faculty Scholarship
The problem of antimicrobial resistance has led some infectious disease experts and their professional societies to propose the use of transferable intellectual property rights (wildcard patents) and patent term extensions as methods to encourage antimicrobial R&D. We evaluate recent approvals of new antimicrobial classes and find the number of new introductions is higher than previously suggested. More importantly, creating new patent rights is shown to be an inefficient and possibly counterproductive response to antimicrobial resistance. Wildcard patents would operate as a more than US$40 billion annual tax on heart disease, hypertension, chronic obstructive pulmonary disease, asthma, and depression to inefficiently …