In the last few weeks I bumped into several articles addressing the question why people feel OK to up- and download mp3s despite all the laws and legal threats, and how to close the gap between existing copyright legislation and social norms, norms that seem to have a much greater effect on how people behave than laws.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
economics
3/12: Controlling Secondary Markets - from Planing Machines to T-GURTs
Mar 12 2007 - 12:30pm
Name of Speaker:
Stefan Bechtold
Speaker's Bio:
Stefan Bechtold graduated from the University of Tuebingen Law School, Germany, in 1999. In 1999 and 2000, he was a Visiting Scholar at the University of California at Berkeley School of Law. In 2001, he received a Dr. iur. (legal Ph.D.) from the University of Tuebingen Law School. Supported by a Fulbright scholarship, he received a master's degree (J.S.M.) from Stanford Law School in 2002. Since 2002, he is a non-residential Fellow at the Center for Internet and Society at Stanford Law School. From 2002 to 2004, he was a law clerk ("Referendar") at the regional court ("Landgericht") of Tuebingen, which is a mandatory part of German legal education. As part of this training, he spent a three-month internship at a telecommunications law unit of the European Commission's Directorate General Information Society in summer 2004. Since January 2005, he is a Senior Research Fellow at the Max Planck Institute for Research on Collective Goods in Bonn, Germany. At the Max Planck Institute, he is writing his
"Habilitation", which is a post-doctoral thesis that is required to become a law professor in Germany. In the fall of 2005, he was a Visiting Scholar at the Institute for Information Law at the University of Amsterdam.
Topic Description:
In many areas of the economy, firms offer durable goods at low prices, while charging high prices for compatible spare parts, accessories, as well as maintenance and repair services. A classic example is the cheap razor and the expensive blades. Such business strategies only make sense if the firm can restrict or eliminate competition on the secondary market. In addition to well-known strategies such as refusals to deal, tying and exclusive dealing, rebate programs and the introduction of technical incompatibilities, firms increasingly use intellectual property rights in order to control secondary markets. While, in 1850, the debate about such strategies focused on planing machines, today we are talking about challenge-response protocols and radio communications within computer printers and about trait-specific genetic use restriction technologies (T-GURTs) in biotech. Using a (behavioral) law and economics analysis, the talk assesses the impacts of controlling secondary markets. Analyzing U.S., European and German law, the talk evaluates the extent to which antitrust, design protection, patent, copyright, trademark and unfair competition law succeed in transforming economic insights into an operable legal framework. Thereby, the talk analyzes possibilities of and limitations to incorporating economic theories into antitrust and intellectual property law.
Professor Wendy Gordon's Article (3)
by Yuko Noguchi, posted on June 9, 2005 - 6:23pm.
法と経済学の分野で活躍しているGordon教授の論文として最後にご紹介するのは、価格差別（Price discrimination)に関する論文です。
価格差別というのは、ミクロ経済学で、市場での独占（Monopoly)、または独占にまで至らなくともある程度の市場支配力（Market Power）がある場合に、商品の供給者が取ることのできる販売方法で、同じまたは類似の財（商品）について、購買者の支払能力に応じて異なる価格を課すことです。
Professor Wendy Gordon's Article (2)
by Yuko Noguchi, posted on June 5, 2005 - 1:26pm.
Fair Use（その他の例外規定）が、市場の失敗（Market failure)のうち、中でも取引費用（Transaction cost)の問題を解決している、という考えを出発点にして、著作物のMass Online取引が期待されるようになってくるにつれ、次のような主張がなされるようになってきました。
Professor Wendy Gordon's Article (1)
by Yuko Noguchi, posted on June 5, 2005 - 12:18pm.
さて、先ほどの宣言どおり、少し路線を変えて、読んだ論文で面白いものの簡単な紹介などしてみたいと思います。
最近、日本でも注目を集めつつある、法制度の経済学的分析（Law & Economics)で、著作権関連の分野で活躍している米国の学者の一人に、Wendy J. Gordonがいます。彼女のPublication listを見ると、その奥の深さが分かります。
substitutability of works
by Yuko Noguchi, posted on March 11, 2004 - 2:18pm.
Does any copyrighted work have substitutes in the market?
For example, the story of the Gray Album (remixing the vocals from Jay-Z's “The Black Album” and the Beatles' “White Album” without permission) by the DJ Dangermouse presents the following question: can the Beatles' recording be replaced by others? Some say no, Beatles is Beatles, no substitutes. Others say yes, you can make a remixed work using other albums in the 60's.
If every work has substitutability, we can expect competition regarding license terms. If EMI refuses to license the derivative right while others do, DJ Dangermouse can use other songs and pay money to “better goods” in the market. Then EMI might think they should license the derivative right, too, to remain competitive in the market. But if we think that each work is unique and thus has at least some limits on looking for substitutability, how can the market work to push EMI to release Beatles’ recordings for derivative use?
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anti-circumvention copyright copyright copyright law Creative Commons DMCA drm economics Fair Use FOIA Fourth Amendment Future of Ideas Google Hearsay Culture internet libel IP reform law school libel patent podcasting surveillance tcblog Testimony trademarks web 2.0