Open Access News

News from the open access movement


Tuesday, September 28, 2004

Elimination of free riding is the wrong goal

Mark Lemley, Property, Intellectual Property, and Free Riding, a preprint. Excerpt: "In this article, I suggest that the effort to permit inventors to capture the full social value of their invention - and the rhetoric of free riding in intellectual property more generally - are fundamentally misguided. In no other area of the economy do we permit the full internalization of social benefits. Competitive markets work not because producers capture the full social value of their output - they don't, except at the margin - but because they permit producers to make enough money to cover their costs, including a reasonable return on fixed-cost investment. Even real property doesn't give property owners the right to control social value....The goal of eliminating free riding, then, is ill-suited to the unique characteristics of intellectual property. Efforts to permit intellectual property owners to fully internalize the benefits of their creativity will inevitably get the balance wrong."