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Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Faculty Scholarship
The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …
On The Economics Of Copyright, Restitution And 'Fair Use': Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
On The Economics Of Copyright, Restitution And 'Fair Use': Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
Faculty Scholarship
The 'public goods' characteristics possess by intangible works of authorship and invention present the basic market failure problem usually relied on to justify intellectual property rights. What is ordinarily less emphasized is that such market failure is no more than half of the prerequisite for an economically desirable copyright or patent system: another requisite condition is that there be less costly market imperfections after intellectual property is instituted than there would have been in the absence of the intellectual property regime. Intellectual property rights are best justified in the presence of "asymmetric market conditions", that is where (1) in the …
Protecting Software And Information On The Internet, Maureen A. O'Rourke
Protecting Software And Information On The Internet, Maureen A. O'Rourke
Faculty Scholarship
Welcome. My name is Ron Cass. I am Dean of the Law School here at Boston University. This is part of an ongoing series of symposia on the Internet and Internet law. The program has been put together by Michael Baram, of our Center for Law and Technology, and Steve Bauer, of the law firm Testa, Hurwitz & Thibeault, which has contributed generously to the series and made it possible to line up a number of speakers. I am going to turn over the program now, but I wanted to take this opportunity to thank both Mr. Baram and Mr. …
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Faculty Scholarship
As society continues to move "on-line"' and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on the physical goods owned by a particular firm and more on the value of intangibles-the information and know-how possessed by the firm and embodied in its intellectual property rights. Firms and even entire industries have grown up with the primarily paper assets of patents and copyrights.