The Big Steal : Ideology, Interest, and the Undoing of Intellectual Property

Barnett, Jonathan M.

Oxford University Press Inc（2025/05発売）

Oxford University Press Inc（2025/05発売）

• 製本 Hardcover:ハードカバー版／ページ数 424 p.
• 言語 ENG
• 商品コード 9780197629529
• DDC分類 346.73048

Full Description

In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that "information wants to be free," significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets.

Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies.

Contents

Introduction

Part One. Concepts and Background
1. Making and Unmaking IP Rights
2. The Accidental Alliance

Part Two. Unmaking Copyright Law
Introduction to Part Two
3. The Political Economy of Copyright Law
4. The Rise of Unfair Use
5. How Courts Rewrote the DMCA
6. The Hesitant Return of Reason

Part Three. Unmaking Patent Law
Introduction to Part Three
7. The Political Economy of Patent Law
8. The Patent Litigation Explosion and Other Patent Horribles
9. Patent Trolls and the Demise of the Injunction
10. The Patent Holdup Conjecture
11. China and the Accidental Alliance

Part Four. The Hidden Costs of Free Stuff
12. How Free Stuff Distorts Innovation and Competition
13. How Weak IP Rights Shield Incumbents and Impede Entry

14. Free Stuff Gets Dangerous
15. Free Stuff and the Decline of the Free Press

Part Five. Remaking IP Rights
16. The Inevitability of Property Rights
17. Reinvigorating IP Rights and the Innovation Ecosystem

Conclusion