Issues

Antitrust and Intellectual Property: A Brief Introduction

This chapter explores the conflict between antitrust law and intellectual property (IP) rights. Antitrust law aims at limiting monopoly power, while IP rights tend to establish limited monopolies in ideas, but IP rights rarely confer the ability to raise prices without losing customers.

Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

Copyright law protects the expressive elements of created works, but not the work’s function. But expressive elements of software programs are hard to distinguish from functional elements. Elements needed to interoperate with other programs should not be protected by copyright.

Patent Assertion Entities and Competition Policy

Firms that own and license patents but do not produce anything are known as patent assertion entities (PAE), or patent trolls. PAE can harm competition and innovation. This book collects studies of PAEs and competition policy from the United States, China, Korea, and Europe.

What We Buy When We Buy Now

Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.

Intellectual Property: A Very Short Introduction

Intellectual property (IP) law includes copyright, patent, trademark, and trade secret law. Some scholars advocate revisiting and reforming fundamental principles of IP law, because it can be overly complex, raise prices, and restrict free expression and innovation.

Deterring Cybercrime: Focus on Intermediaries

Cybercriminals rely on intermediary firms such as banks, and shippers to sell products and collect payments. Governments, intellectual property owners, and technology companies can police cybercriminals by policing these intermediaries, but this raises due process and fairness concerns.

How Do Patents Affect Research Investments?

Do patents benefit society by spurring innovation, or just enable some firms to profit? So far, the evidence does not show that disclosure of inventions in the patent process or stronger patent protection spur innovation. More research is needed.

Understanding the Consumer Review Fairness Act of 2016

The Consumer Review Fairness Act of 2016 (CRFA) bars businesses from requiring their customers to agree not to post online reviews. These “anti-review” clauses prevented consumers from leaving feedback that would identify poorly run businesses.

Strategies for Discerning the Boundaries of Copyright and Patent Protections

Copyright law protects works of authorship, and utility patent law protects technological designs. Products like toys and software are sometimes eligible for both types of protection. Courts resist extending copyright and design patent protection simultaneously.

Platform Ecosystems: How Developers Invert the Firm

This paper describes why firms like Apple, Microsoft, and Google choose to orchestrate the creation of products by outside developers rather than to create product internally. Firms that produce digital products like software benefit most from this strategy, because of knowledge spillovers.