Author(s): Peter S. Menell Year: 2009 Abstract: The dawning of the digital age has brought the Supreme Court’s Sony “staple article of commerce” doctrine to center stage in legal and […]
Unwinding Sony
Indirect Copyright Liability and Technological Innovation
Author(s): Peter S. Menell Year: 2009 Abstract: Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster […]
Economic Implications of State Sovereign Immunity from Infringement of Federal Intellectual Property Rights
Author(s): Peter S. Menell Year: 2001 Abstract: In the aftermath of the Supreme Court’s decisions constraining Congress’ ability to abrogate state sovereign immunity, Professor Peter S. Menell examines the propensity […]
Patents, Entry and Growth in the Software Industry
Author(s): Robert P. Merges Year: 2006 Abstract: In the late 1980s and early 1990s, people in the software industry often said that the coming of patents would spell doom, particularly […]
Property Rights, Firm Boundaries, and R&D Inputs
Author(s): Robert P. Merges Year: 2001 Abstract: This Article offers an explanation of the role of intellectual property rights (IPRs) in information-intensive vertical supply relationships. In particular, we explore the […]
A New Dynamism in the Public Domain
Author(s): Robert P. Merges Year: 2004 Abstract: Many believe intellectual property has overreached, and that policymakers must respond. In this essay, I argue that the critique may have merit, but […]
A Transactional View of Property Right
Author(s): Robert P. Merges Year: 2005 Abstract: Property rights and contract law are two of our most basic legal categories. Many legal scholars describe what makes them different; this Essay […]
The Continuing Vitality of Music Performance Rights Organizations
Author(s): Robert P. Merges Year: 2008 Abstract: Some commentators see the need for major changes in the legal and institutional framework surrounding the music industry. Some proposals call for revising […]
Now and Then, Here and There: A Review Essay on Khan, the Democratization of Invention, and Blind, et al., Software Patents
Author(s): Robert P. Merges Year: 2007 Abstract: This Review Essay will appear in the Journal of Economic Literature. It covers two books: The Democratization of Innovation by Zorina Khan, and […]
Property Rights Theory and the Employed Inventor
Author(s): Robert P. Merges Year: 1997 Abstract: This paper explains and defends the legal rules governing employed inventors in the United States. In particular, it justifies the oft-criticized propensity of […]