Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers...

Peer-to-Peer (P2P) technologies are often seen as a threat by copyright owners because they encourage piracy by making digital copies easier. In response, major record companies have come up with new devices designed to protect original material, and lobbied to reinforce legal protection. We...

A frequently made claim in the innovation literature is that important inventions involve the transfer of new knowledge from one technological domain to another. This study uses U.S. patents granted from 1976-2006 to identify the role of knowledge acquired from outside each patent’s...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

In the last years, some Standard-Setting Organizations (“SSOs”) active in wireless communications have experimented new pricing principles for standard essential patents (“SEPs”). One of those experiments is the “SSPPU” rule. Under SSPPU, the licensing rates paid to owners of SEPs...

This article investigates whether firms react to a radical technological substitution threat by a deliberate acceleration of innovation in their existing technology - the 'sailing ship effect'. There have been repeated claims that the effect has been significant as a source of innovation...

This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of...

Designing around patents is prevalent but not often appreciated as a means by which patents promote economic development through competition. We provide a novel detailed empirical study of the extent and timing of designing around patent claims. We study the filing rate of incandescent...