Author(s): Robert P. Merges Year: 2000 Abstract: Long, long ago, in an economy far away, decision makers responsible for maintaining the footings of commerce faced a troubling question: should entrenched […]
Who Owns the Charles River Bridge? Intellectual Property and Competition in the Software Industry
Contracting into Liability Rules: Intellectual Property Rights and Collective Rights Organizations
Author(s): Robert P. Merges Year: 1997 Abstract: As intellectual property rights have gained in prominence, businesspeople and scholars alike have complained of the increasing burden of obtaining intellectual property licenses […]
Enriching Discourse on Public Domains
Author(s): Pamela Samuelson Year: 2006 Abstract: Is there one public domain, or are there many public domains? The scholarly literature predominantly assumes there is only one, for references abound to […]
Principles for Resolving Conflicts Between Trade Secrets and the First Amendment
Author(s): Pamela Samuelson Year: 2006 Abstract: Preliminary and permanent injunctions are routinely granted in trade secret cases without offending the First Amendment, and this is as it should be. In […]
A Prize System as a Partial Solution to the Health Crisis in the Developing World
Author(s): Talha Syed Year: 2009 Abstract: Each year, roughly nine million people in the developing world die from infectious diseases. Millions more endure suffering caused by the same diseases. Many […]
Tailoring Legal Protection for Computer Software
Author(s): Peter S. Menell Year: 2011 Abstract: This article applies economic analysis to the design of legal protection for computer software. Keywords: computer software, network economics, copyright Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1944548
The Challenges of Reforming Intellectual Property Protection for Computer Software
Author(s): Peter S. Menell Year: 2011 Abstract: This article examines three critical, interrelated challenges for reforming legal protection for computer software: (1) analyzing the market failures that might justify government […]
An Epitaph for Traditional Copyright Protection of Network Features of Computer Software
Author(s): Peter S. Menell Year: 2011 Abstract: This article describes the evolution of copyright protection for computer software. It shows how the courts successfully deployed and adapted copyright doctrines in […]
Copyright Exhaustion and the Personal Use Dilemma
Author(s): Jason Schultz Year: 2011 Abstract: Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is widespread agreement that at least some such uses are […]
Can Online Piracy Be Stopped by Laws?
Author(s): Pamela Samuelson Year: 2012 Abstract: This article will explain the key features of SOPA, why the entertainment industry believed SOPA was necessary to combat online piracy, and why SOPA […]