KHO THƯ VIỆN 🔎

IP in the world without scarity

➤  Gửi thông báo lỗi    ⚠️ Báo cáo tài liệu vi phạm

Loại tài liệu:     PDF
Số trang:         61 Trang
Tài liệu:           ✅  ĐÃ ĐƯỢC PHÊ DUYỆT
 













Nội dung chi tiết: IP in the world without scarity

IP in the world without scarity

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity carce. The more abundant they become, they cheaper they become. But a series of technological changes is underway that promises to end scarcity as we

know it for a wide variety of goods. The Internet is the most obvious example, because the change there is furthest along. The Internet has reduced th IP in the world without scarity

e cost of production and distribution of informational content effectively to zero. In many cases it has also dramatically reduced the cost of produci

IP in the world without scarity

ng that content. And it has changed the way in which information is distributed, separating the creators of content from the distributors. On the Inte

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity ignorant of) the content they are distributing. So the Internet has not only slashed the cost of creation, production and distribution; it has also di

saggregated creation and distribution. I can create without distributing, secure in the knowledge that my works will be disseminated by others who dis IP in the world without scarity

tribute without creating.More recently, new technologies promise to do for a variety of physical goods and even services what the Internet has already

IP in the world without scarity

done for information. 3D printers can manufacture physical goods based on any digital design. While home 3D printers are so far quite limited in1 © 2

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity n Desai, David Engstrom, Paul Goldstein, Rose Hagan, Dan Ho, Mike Linksvayer, Mark McKenna, Lisa Larrimore Ouellette, Josh Walker, and participants in

workshops at Yale Law School, Stanford Law School, Notre Dame Law School, and Hastings Law School for comments on an earlier draft.1Lemley DRAFT[IP W IP in the world without scarity

ITHOUT SCARCITY]size and materials, there are tens of thousands of designs available on the Internet already, and larger commercial-scale printers can

IP in the world without scarity

print anything from circuit boards to rocket engines to human organs on site for the cost of the raw materials and some electricity. Synthetic biolog

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity e a gene sequence of their own to upload the sequence to a company that will “print" it using the basic building blocks of genetics. And advances in r

obotics generalize the principle beyond goods, offering the prospect that many of the services humans now provide can be provided free of charge by ge IP in the world without scarity

neral-purpose machines that can be programmed to perform a variety of complex functions. While none of these technologies are nearly as far along as t

IP in the world without scarity

he Internet, they share two essential characteristics with the Internet: they radically reduce the cost of production and distribution of things, and

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity ng, robotics, and synthetic biology - and it is entirely plausible to envision a not-too-distant world in which most things that people want can be do

wnloaded and created on site for very little money -essentially the cost of raw materials. Jeremy Rifkin calls this the zero marginal cost society.5Th IP in the world without scarity

e role of IP in such a world is both controverted and critically important. IP rights are designed to artificially replicate scarcity where it would n

IP in the world without scarity

ot otherwise exist. In its simplest form, IP law takes public goods that would otherwise be available to all and artificially restricts their distribu

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity o on one view - the 27 Jeremy Rifkin, The Zero Marginal Cost Society (2014).2Lemley DRAFT(IP WITHOUT SCARCITY] classical view of IP law - a world in w

hich all the value resides in information is a world in which we need IP everywhere, controlling rights over everything, or no one will get paid to cr IP in the world without scarity

eate. That has been the response of IP law to the Internet so far.But that response is problematic for a couple of reasons. First, it doesn't seem to

IP in the world without scarity

be working. By disaggregating creation, production, and distribution, the Internet democratized access to content. Copyright owners have been unable t

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity in elementary school. They might have more success targeting the intermediaries rather than the individuals consuming content, but because those inter

mediaries distribute content without regard to what it is, IP law can block piracy there only at the cost of killing off what is good about the Intern IP in the world without scarity

et. Patent and design patent owners may soon face the same conundrum: unless they strictly control and limit the sale and manufacture of 3D printers a

IP in the world without scarity

nd gene printers, they may find themselves unable to prevent the production of unauthorized designs. [And even targeting the intermediaries may prove

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity one well-suited to the creation of artificial scarcity through law.Second, even if we could use IP to rein in all this low-cost production and distri

bution of stuff, we may not want to. The rationale for IP has always been, not to raise prices and reduce consumption for its own sake, but to encoura IP in the world without scarity

ge people to create things when they otherwise wouldn't. More and more evidence casts doubt on the link between IP and creation, however. Empirical ev

IP in the world without scarity

idence suggests that offering money may actually stifle rather than drive creativity3Lemley DRAFT[IP WITHOUT SCARCITY]among individuals. Economic evid

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity s decry patents as interfering with rather than encouraging progress. The Internet may have spawned unprecedented piracy, but it has also given rise t

o the creation of more works of all types than ever before in history, often by multiple orders of magnitude. Perhaps the Internet has sufficiently re IP in the world without scarity

duced the cost of creation that more people will create even without an obvious way to get paid. Or perhaps they never needed the motivation of money,

IP in the world without scarity

just the ability to create and distribute content. Either way, if the goal of IP is to encourage the creation of new works, the example of the Intern

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity olars have responded to doubts about the traditional justification for IP by offering alternative justifications for IP. But the most common alternati

ves fare no better than the incentive story in this new world. Commercialization theory, which postulates that we need IP not to encourage creation bu IP in the world without scarity

t to encourage production and distribution of works, is particularly vulnerable to disruption by cost-reducing technologies like the Internet, 3D prin

IP in the world without scarity

ters, and gene printers. It may once have been true that even if a book was cheap to write, printing and distributing it took a substantial investment

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity latter to near zero, mean that commercialization-based theories cannot justify IP in the face of new technologies. And the theory that we need IP righ

ts to prompt disclosure of things that would otherwise be kept secret also seems rather quaint. Perhaps itlie at. https://ssm.com/abstract=2413974Leml IP in the world without scarity

ey DRAFT[IP WITHOUT SCARCITY]made sense in a world where transmission of information was difficult, but in a world in which information flows freely i

IP in the world without scarity

t keeping secrets that becomes the exception rather than the rule.Far from necessitating more IP protection, then, the development of cost-reducing te

[IP WITHOUT SCARCITY]Lemley DRAFTIP in a World Without Scarcity1Mark A. Lemley2Economics is based on scarcity. Things are valuable because they are sc

IP in the world without scarity stribute content, the more content is likely to be available even in the absence of IP. And if the point of IP is to encourage either the creation or

the distribution of that content, cost-reducing technologies may actually mean we have less, not more, need for IP.4None of this is to say that IP wil IP in the world without scarity

l, or should, disappear entirely or overnight. The cost of producing and distributing content has fallen (and will continue to fall) at uneven rates.

IP in the world without scarity

Some content, like blockbuster action movies or video games, may be expensive to make for years to come. Other content, like pharmaceuticals, may rema

Gọi ngay
Chat zalo
Facebook