Information Wants to Be Free: Intellectual Property and the Mythologies of Control
R. Polk Wagner
University of Pennsylvania Law School
Columbia Law Review, Vol. 103, May 2003
U of Penn, Inst for Law & Econ Research Paper No. 03-22
U of Penn Law School, Public Law Working Paper No. 38
This article challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. I argue that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, I show that perfect control of propertized information - an animating assumption in much of the contemporary criticism - is both counterfactual and likely to remain so. These findings suggest that increasing the appropriability of information goods may in many cases grow, rather than diminish, the quantity of open information. Further, the benefits of control in fostering coordination and enabling flexibility in arrangements are essential elements of promoting progress in a changing world.
Number of Pages in PDF File: 40
Keywords: intellectual property, copyright, patents, information wants to be free, sharing
JEL Classification: K19, K39
Date posted: June 26, 2003
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