The Big Steal
Ideology, Interest, and the Undoing of Intellectual Property
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Product details:
- Publisher OUP USA
- Date of Publication 21 May 2025
- ISBN 9780197629529
- Binding Hardback
- No. of pages424 pages
- Size 236x169x32 mm
- Weight 771 g
- Language English 807
Categories
Short description:
The Big Steal uncovers the unusual confluence of ideological views and business interests behind the dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrent with the rise of the digital economy, policymakers significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Through an evidence-based analysis informed by the economics and politics of digital markets, Jonathan Barnett shows that this policy shift has advantaged digital intermediaries at the expense of the innovators and artists that drive the knowledge economy
MoreLong 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.
Table of 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
