Sprigman and Buccafusco on Valuing Intellectual Property
We would like to start by thanking Josh for inviting us to participate in what promises to be a fascinating discussion on an important subject. We’re looking forward to engaging with the other members...
View ArticleBruce Kobayashi on Copyrighting Law and Deregulation
My first post discussed one primary impediment to deregulating all the lawyers – which is the current system of legal regulation of lawyers. Even if one agrees that deregulating all the lawyers may...
View ArticleHill Event on December 13: “CopyRIGHT: Can Free Marketeers Agree on Copyright...
What promises to be an interesting and lively panel discussion on copyright will occur on the Hill on December 13. Even better, it includes not one but two Truth on the Market bloggers–Geoff and me!...
View ArticleThe “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual...
View ArticleA Supreme Court ruling against Aereo won’t spell the end of cloud computing
Interested observers on all sides of the contentious debate over Aereo have focused a great deal on the implications for cloud computing if the Supreme Court rules against Aereo. The Court hears oral...
View ArticleWhy the Supreme Court’s Aereo Decision Protects Creators Without Endangering...
Yesterday, the Supreme Court released its much-awaited decision in ABC v. Aereo. The Court reversed the Second Circuit, holding that Aereo directly infringed the copyrights of broadcast television...
View ArticleHow the Court’s “looks-like-cable-tv” test in Aereo protects the cloud
In our blog post this morning on ABC v. Aereo, we explain why, regardless of which test applies (the majority’s “looks-like-cable-TV” test or the dissent’s volitional conduct test), Aereo infringes on...
View ArticlePermissionless innovation does not mean “no contracts required”
UPDATE: I’ve been reliably informed that Vint Cerf coined the term “permissionless innovation,” and, thus, that he did so with the sorts of private impediments discussed below in mind rather than...
View ArticleICLE White Paper: Broad fair use exceptions could discourage innovation...
Today, the International Center for Law & Economics released a white paper, co-authored by Executive Director Geoffrey Manne and Senior Fellow Julian Morris, entitled Dangerous Exception: The...
View ArticleMandated “fair use” language has no place in trade promotion authority
Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of...
View ArticleNew Heritage Foundation Publication on Saving Internet Freedom
Yesterday the Heritage Foundation released a series of essays on “Saving Internet Freedom.” These analytical essays are an excellent reference work for interested members of the public who seek...
View ArticleA Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a...
The Ninth Circuit made waves recently with its decision in Lenz v. Universal Music Corp., in which it decided that a plaintiff in a copyright infringement case must first take potential fair use...
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Welcome guest blogger David Olson
I’m delighted to announce that David Olson will be guest blogging at Truth on the Market this summer. David is an Associate Professor at Boston College Law School. He teaches antitrust, patents, and...
View ArticleNo, The FCC Should Not Have the Power to Cancel Contracts
Copyright law, ever a sore point in some quarters, has found a new field of battle in the FCC’s recent set-top box proposal. At the request of members of Congress, the Copyright Office recently wrote a...
View ArticleFair use’s fatal conceit
My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it...
View ArticleAn ambitious AG, a disgruntled competitor, and the contrived antitrust case...
The populists are on the march, and as the 2018 campaign season gets rolling we’re witnessing more examples of political opportunism bolstered by economic illiteracy aimed at increasingly unpopular big...
View ArticleTrade Agreements and Restatements as End Runs Around the Rule of Law
The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s...
View ArticleOld Ideas and the New New Deal
Over the past decade and a half, virtually every branch of the federal government has taken steps to weaken the patent system. As reflected in President Joe Biden’s July 2021 executive order, these...
View ArticleNEW VOICES: FTC Rulemaking for Noncompetes
On July 9, 2021, President Joe Biden issued an executive order asking the Federal Trade Commission (FTC) to “curtail the unfair use of noncompete clauses and other clauses or agreements that may...
View ArticleA Few Questions (and Even Fewer Answers) About What Artificial Intelligence...
Not only have digital-image generators like Stable Diffusion, DALL-E, and Midjourney—which make use of deep-learning models and other artificial-intelligence (AI) systems—created some incredible (and...
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