IP in the world without scarity
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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 produciIP 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 disaggregated 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 alreadyIP 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 canIP 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 robotics 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 tIP 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 downloaded 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 nIP 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 which 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 toIP 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 intermediaries 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 aIP 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 distribution 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 evIP 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 to 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 alternatives 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 prinIP 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 rights 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 iIP 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 remaGọi ngay
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