IP Privateering in the Markets for Desktop and Mobile Operating Systems

32 Pages Posted: 28 Jan 2017  

Daniel L. Rubinfeld

University of California at Berkeley - School of Law; National Bureau of Economic Research (NBER); NYU Law School

Date Written: January 26, 2017

Abstract

Utilizing a privateering competitive strategy, firms sponsor the assertion of IP claims by third parties (patent assertion entities and others), with the ultimate objective the raising of rival competitors’ costs. This paper tells the privateering story with respect to both desktop and mobile operating systems competition. It begins with Microsoft’s funding of litigation against Linux – a threat to Microsoft’s desktop operating system monopoly and continues to a analysis of recent competition in the smartphone space. The paper raises potential competitive concerns and related antitrust and IP enforcement issues.

Keywords: privateering, patent assertion entities

JEL Classification: K21, L41

Suggested Citation

Rubinfeld, Daniel L., IP Privateering in the Markets for Desktop and Mobile Operating Systems (January 26, 2017). UC Berkeley Public Law Research Paper No. 2906944. Available at SSRN: https://ssrn.com/abstract=2906944

Daniel L. Rubinfeld (Contact Author)

University of California at Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
(510) 642-1959 (Phone)
(510) 642-3767 (Fax)

HOME PAGE: http://www.law.berkeley.edu/faculty/rubinfeldd

National Bureau of Economic Research (NBER)

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NYU Law School ( email )

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