2000Unpublished venueRequires access

Intellectual Property and the Digital Economy

Pamela Samuelson, Yochai Roberts Benkler, David Post, Randall Davis

Open publisher page 4 citations

Abstract

New laws are proposed or adopted frequently to strengthen intellectual property rights. Contract and technical protections are strengthening intellectual property protection as well. This past year saw adoption of new trademark domain name cybersquatter legislation, significant developments in the legal protection for the contents of databases, approval of a new licensing law for computer information, and more legislation and caselaw on digital copyright issues, not to mention endorsement of e-commerce and business method patents that will have substantial impacts on computers, freedom and privacy. Some have even proposed giving individuals property rights in their personal information as a way to protect privacy. What are the commercial imperatives seeming to drive toward ever stronger intellectual property rights? How valid are they? What price does society pay for ever stronger intellectual property rights? Is it worth it?

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What this paper is about

New laws are proposed or adopted frequently to strengthen intellectual property rights. Contract and technical protections are strengthening intellectual property protection as well. This past year saw adoption of new trademark domain name cybersquatter legislation, significant developments in the legal protection for the contents of databases, approval of a new licensing law for computer information, and more legislation and caselaw on digital copyright issues, not to mention endorsement of e-commerce and business method patents that will have substantial impacts on computers, freedom and privacy. Some have even proposed giving individuals property rights in their personal information as a way to protect privacy. What are the commercial imperatives seeming to drive toward ever stronger intellectual property rights? How valid are they? What price does society pay for ever stronger intellectual property rights? Is it worth it?

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Available abstract

New laws are proposed or adopted frequently to strengthen intellectual property rights. Contract and technical protections are strengthening intellectual property protection as well. This past year saw adoption of new trademark domain name cybersquatter legislation, significant developments in the legal protection for the contents of databases, approval of a new licensing law for computer information, and more legislation and caselaw on digital copyright issues, not to mention endorsement of e-commerce and business method patents that will have substantial impacts on computers, freedom and privacy. Some have even proposed giving individuals property rights in their personal information as a way to protect privacy. What are the commercial imperatives seeming to drive toward ever stronger intellectual property rights? How valid are they? What price does society pay for ever stronger intellectual property rights? Is it worth it?

Key concepts: Intellectual property, Trademark, Legislation, Business, Intangible property, Law and economics, Trade secret, Tangible property

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