Buying personal intellectual property

Amy Kapczynski, ‘The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism’  December 14, 2009 – 08:38 am
What is intellectual property?

The field of intellectual property (IP) law today is focused, as the name itself advertises, on one particular institutional approach to scientific and cultural production: IP. When legal scholars explain this focus, they typically do so with reference to the virtues of price. Because price gives us a decentralized way to link social welfare to the production of information, IP is alleged to be more efficient than other approaches. The dominant mode of IP scholarship begins here and then addresses questions internal to IP law — for example, how broad or narrow should exceptions to IP rights be? But the internalism that characterizes the field of IP cannot, as I show, be justified by the value of efficiency. Economics offers us no a priori reason to assume that IP is more efficient than other possible approaches, most prominently government procurement and commons-based production. If we take the invitation that economists offer us to think external to IP, we also gain new insights about the implications of values other than efficiency for the choice between different institutional approaches to scientific and cultural production.

We see, as I argue, that using price to guide scientific and cultural production — which is to say, using IP — may have costs not only for efficiency, but also for distributive justice and informational privacy. The IP approach is in tension with the value of distributive justice because reliance upon price may yield not only unjust distribution of existing information resources but also unjust production of future information resources. The IP approach is in tension with the value of information privacy because relying on price to generate information facilitates the desire, the demand, and perhaps the capacity for price discrimination. That, in turn, generates an impulse for the extensive collection of personal information. Both government procurement and commons-based production plausibly offer more promise than does IP in both distributive justice and privacy terms, and they may be no less efficient than IP. Giving full scope to all three of these values thus requires us to telescope out from the internalism that characterizes the field, and to countenance a broader role for commons-based production and government procurement. In the field of IP, I conclude, we should pay less attention to IP and more to the alternatives.

Source: Private Law Theory

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In Defense...continued

But a participatory economy enjoys advantages in managing this trade off compared to capitalism. Most importantly, direct recognition of 'social serviceability' is a more powerful incentive to innovation in a participatory economy, which reduces the magnitude of the trade off since more innovation will occur in a participatory economy than in capitalism for the same speed of adjustments. Secondl... Economy. Forthcoming.
Levy, David. 1991. Book Review: Seeking a Third Way. Dollars and Sense 171 November 1991: 18-20.
Pramas, Jason. 1991. A Roundtable on Participatory Economics. Z Magazine July/August 1991: 73-74.
Weisskopf, Thomas. 1992. Toward a Socialism for the Future in the Wake of the Demise of the Socialism of the Past. Review of Radical Political Economics 24 (3&4).

More crap from eugene

Actually, this is from the Guardian. America needs a major daily like this. These guys rock almost as hard as Radiohead, who are not coincidentally also British and liberal.
Market Enforcers
Biotech Firms Found Persuasion Didn't Work, So They Are Using A New
Tactic: Coercion
by George Monbiot
I've always been a little uncomfortable about the term 'Frankenstein food'... companies to change the way they trade. But it is surely not hard to see that consumer choice is an inadequate means of curbing corporate power. Trapped inside PFI hospitals or sponsored schools, forced through lack of choice to buy cars, shop at superstores and eat GM food, we cannot escape the coercion which facilitates free trade. If market forces operate outside the market, then so must we.

Government 'value'

A point i will not concede is the absurd notion that these government entities you named in any way create value.
caltrans, amtrak the post office you name it--i defy you to even audit these organizations let alone show a profit. amtrak is a multi billion dollar toilet and the post office has a legislated monopoly microsoft would kill for, yet they hemorrhage cash like it is going out of s...apitalist concepts are truly empowering.
also, i will certainly admit there are bad executives that piss away cash. due to market forces and boards of directors, they usually don't get to do this long. with amtrak, on the other hand, there is no end in sight. and what about the bureau of indian affairs and the tva or the rural electrification administration. oh yeah and the pentagon. enuf.

WHAT is wrong with PEOPLE

I do my best to make a living... I believe i am a positive citizen of the United States. The state of the union feels like an aggression to everything that i am. I tried to get a education with the proper accredited universities, the price went up. I tried to work for "at will employers" i was also forced to join a union in the state of New York, if i didn't they had the legal right and took lobbied for by companies that want to sell the only seeds, and they are trying to patent DNA of plants...
I am 28, I am tried of being brought down b/c i never supported the war, I am saying I told you so now, I just want peace, and a lighter life... I have had to work SUPER HARD all my life... My body aches, I have been exposed to fall out from 9-11 doing the city works... I HAVE ASTHM

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InterDigital's CEO Hosts Investor Conference (Transcript)  — Seeking Alpha
The way I think about it is we are selling patent assets and those would be subject to any existing encumbrances and those encumbrances are associated with license agreements revenue from which we would retain. Charlie Anderson - Dougherty …

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Related posts:

  1. What is personal intellectual property?
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  3. Explain personal intellectual property
  4. Buying intellectual property
  5. Valuating personal intellectual property