‘Sometimes, Information Wants to be Expensive’

Jonathan M Barnett, Three Quasi-Fallacies in the Conventional Understanding of Intellectual Property, 12 Journal of Law Economics and Policy 1 (2016), available at SSRN. In the last twenty years or so, numerous IP scholars have questioned – indeed, many have vigorously doubted – the need for robust intellectual property rights in order to generate significant incentives to spur innovative and creative activity. In an incisive analysis, Jonathan Barnett offers an important riposte to what he views as the now ‘conventional wisdom’ that society would be better off with much-diminished IP rights. To do so, he dispels what he considers three key assumptions – so-called quasi-fallacies – underlying the wisdom of IP minimalism. Instead of simply resorting to a conclusory ‘property-rights-are-valuable’ mode of critique, Barnett develops his compelling, economically grounded arguments using a variety of original case studies, data, and theoretical insights … (more)

[Ted Sichelman, JOTWELL, 26 June]

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