The Big Steal

Ideology, Interest, and the Undoing of Intellectual Property

Inbunden, Engelska, 2025

AvJonathan M. Barnett,Gould School of Law) Barnett, Jonathan M. (Torrey H. Webb Professor of Law, Torrey H. Webb Professor of Law, University of Southern California,Jonathan M Barnett

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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.

Produktinformation

Utgivningsdatum2025-05-21
Mått169 x 236 x 32 mm
Vikt771 g
FormatInbunden
SpråkEngelska
Antal sidor424
FörlagOUP USA
ISBN9780197629529

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Jonathan M. Barnett is the Torrey H. Webb Professor of Law at the University of Southern California, Gould School of Law, and director of the law school's Media, Entertainment and Technology Law Program. He specializes in antitrust, competition, and intellectual property law and policy, with a focus on monetization strategies and organizational structures in content and technology markets. He has published widely in scholarly and policy publications and comments regularly on innovation policy matters in the press and at professional conferences. Prior to academia, he practiced corporate law at a leading international law firm, specializing in mergers and acquisitions.

IntroductionPart One. Concepts and Background1. Making and Unmaking IP Rights2. The Accidental AlliancePart Two. Unmaking Copyright LawIntroduction to Part Two3. The Political Economy of Copyright Law4. The Rise of Unfair Use5. How Courts Rewrote the DMCA6. The Hesitant Return of ReasonPart Three. Unmaking Patent Law Introduction to Part Three7. The Political Economy of Patent Law8. The Patent Litigation Explosion and Other Patent Horribles9. Patent Trolls and the Demise of the Injunction10. The Patent Holdup Conjecture11. China and the Accidental AlliancePart Four. The Hidden Costs of Free Stuff12. How Free Stuff Distorts Innovation and Competition13. How Weak IP Rights Shield Incumbents and Impede Entry14. Free Stuff Gets Dangerous15. Free Stuff and the Decline of the Free PressPart Five. Remaking IP Rights16. The Inevitability of Property Rights17. Reinvigorating IP Rights and the Innovation EcosystemConclusion

The book is conveniently organized into discrete sections on patent and copyright law, each being further subdivided into highly readable subsections providing deep dives into relevant cases, legislation, and key concepts. It concludes with a short chapter setting out simple reforms to restore IP rights and confidence in IP protections. Extensive footnotes and citations are provided. The book is highly accessible and a must read for anyone interested in the state of current IP law in the United States.

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