Abstract

http://ssrn.com/abstract=351480
 
 

Footnotes (188)



 


 



All Rights Reserved? Reassessing Copyright and Patent Enforcement in the Digital Age


John Tehranian


Southwestern Law School


University of Cincinnati Law Review, Vol. 72, No. 1, 2003

Abstract:     
All Rights Reserved attacks conventional wisdom regarding the infringement of intellectual property rights. As the piece argues, piracy can play a central role in the business models of many successful corporations. In advancing this assertion, the article examines the differences between material property and intellectual property - differences that have grown all the more pronounced with the spread of digital technology. As the article maintains, in the cyberage, reliance on legal enforcement to combat intellectual property piracy may be increasingly futile and harmful. Thus, the article makes a negative case against legal enforcement of intellectual property rights. All Rights Reserved then advances a strong positive case against enforcement of intellectual property rights. Corporations (not to mention society) can garner tremendous value from certain levels of piracy and a multitude of mechanisms outside of legal enforcement can and should be utilized as an alternative means to achieve profit and growth in the information economy. As the evidence indicates, a variety of information-based industries can thrive not only despite, but because of, rampant piracy. All told, All Rights Reserved does not call for an end to the availability of intellectual property protections. Instead, it dictates a more rational use of intellectual property laws to the strategic benefit of individual corporations, and, ultimately, to society.

Number of Pages in PDF File: 69

Keywords: intellectual property, copyright, patent, trademark, entertainment law, digital, norms, piracy, Internet, cyberspace, music industry, Napster, Kazaa, Microsoft

working papers series





Download This Paper

Date posted: January 7, 2003 ; Last revised: May 12, 2014

Suggested Citation

Tehranian, John, All Rights Reserved? Reassessing Copyright and Patent Enforcement in the Digital Age. University of Cincinnati Law Review, Vol. 72, No. 1, 2003. Available at SSRN: http://ssrn.com/abstract=351480 or http://dx.doi.org/10.2139/ssrn.351480

Contact Information

John Tehranian (Contact Author)
Southwestern Law School ( email )
3050 Wilshire Blvd.
Los Angeles, CA 90010
United States
Feedback to SSRN


Paper statistics
Abstract Views: 5,012
Downloads: 849
Download Rank: 14,625
Footnotes:  188
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.391 seconds