Digital Rights Management and the Pricing of Digital Products

As it becomes cheaper to copy and share digital content, vendors are turning to technical protections such as encryption. We argue that if protection is nevertheless imperfect, this transition will generally lower the prices of content relative to perfect legal enforcement. However, the effect on prices depends on whether the content providers use independent protection standards or a shared one, and if shared, on the governance of the system. Even if a shared system permits content providers to set their prices independently, the equilibrium prices will depend on how the vendors share the costs. We show that demand-based cost sharing generally leads to higher prices than revenue-based cost sharing. Users, vendors and the antitrust authorities will typically have different views on what capabilities the DRM system should have. We argue that, when a DRM system is implemented as an industry standard, there is a potential for "collusion through technology."

Digital Rights Management and the Pricing of Digital Products

Digital products such as movies, music and computer software are protected both by self-help measures such as encryption and copy controls, and by the legal right to prevent copying. We explore how digital rights management and other technical protections affect the pricing of content, and consequently, why content users, content vendors, and antitrust authorities might have different views on what technical capabilities should be deployed. We discuss the potential for collusion through technology

Collusion, competition and piracy

In this paper we analyze firms' ability to tacitly collude on pricesin an infinitely repeated duopoly game of vertical productdifferentiation. We show that firms collude if and only if their discountfactor is high enough, i.e. if they value future profits sufficiently. We alsoshow that a lower cost of copying facilitates collusion but that a higherquality of the copy hinders collusion. Thus, the overall effect of thesenew characteristics of copies made by consumers is ambiguous.Collusion, competition, piracy, consumers, cost of copying,

Optimal Copyright Protection: Civil Law vs. Criminal Law

We consider optimal copyright protection strategies from the government and producer perspectives. Our model assumes that the government sets the penalty for infringement, and that the producer is responsible for monitoring illegal activity. We find that depending on the production cost of the goods, the government should set copyright penalties either to zero or to a level that makes the producer's profit zero. We also show that the social surplus is greater under a civil law scheme than a criminal law scheme when the production cost of the goods is high. On the other hand, it is better to apply penalties under criminal law when the production cost is low.

Multi-Channel Sequential Search with Application to Piracy

This paper presents a multi-channel search model, where each channel consists of multiple firms that are ex ante homogeneous to consumers. Consumers, nevertheless, ex ante can tell channels apart in the following aspects: search costs, product quality, product availability and price distributions. We first analyze the channel selection problem and show that a consumer’s optimal channel selection at any stage of the search is independent of found prices. We further show that the optimal channel choice can be determined using each channel’s reservation price and consumer valuation. We then apply this model to study the competition between legitimate and pirated products. One immediate result is reducing piracy services has no impact on consumers’ decision to pirate. When pirated products pose a threat, legitimate firms may respond by giving up low search cost consumers. This leads to the surprising result that piracy threat may induce firms to increase their product prices

Digital piracy : theory

This article reviews recent theoretical contributions on digital piracy. It starts by elaborating on the reasons for intellectual property protection, by reporting a few facts about copyright protection, and by examining reasons to become a digital pirate. Next, it provides an exploration of the consequences of digital piracy, using a base model and several extensions (with consumer sampling, network effects, and indirect appropriation). A closer look at market-structure implications of end-user piracy is then taken. After a brief review of commercial piracy, additional legal and private responses to end-user piracy are considered. Finally, a quick look at emerging new business models is taken.information good, piracy, copyright, IP protection, internet, peer-to-peer, software, music

Digital Piracy: Theory

This article reviews recent theoretical contributions on digital piracy. It starts by elaborating on the reasons for intellectual property protection, by reporting a few facts about copyright protection, and by examining reasons to become a digital pirate. Next, it provides an exploration of the consequences of digital piracy, using a base model and several extensions (with consumer sampling, network effects, and indirect appropriation). A closer look at market-structure implications of end-user piracy is then taken. After a brief review of commercial piracy, additional legal and private responses to end-user piracy are considered. Finally, a quick look at emerging new business models is taken.information good, piracy, copyright, IP protection, internet, peer-to-peer, software, music

The Essential Facilities Doctrine: The Lost Message of Terminal Railroad

The growing importance of shared networks, shared platforms and shared standards leads to a renewed discussion of the essential facilities doctrine of antitrust. This is an area where European law and American law have diverged. In Trinko (2007), the U.S. Supreme Court came close to abolishing it. At the same time, it was reinvigorated by the European Commission, which asserted it successfully in E.C. v. Microsoft, and then, facing criticism, clarified the doctrine in a Guidance document. We harmonize the main cases around the doctrine’s original but often forgotten purpose namely, harvesting economic synergies through sharing. We argue that, absent such a doctrine, these synergies could be lost as firms either avoid sharing to avoid antitrust liability, or create sharing arrangements that undermine competition. We show how and why the original purpose of the doctrine has become entangled with other antitrust issues, in particular, leveraging. We systematize the sharing rules that have been imposed or allowed, with an emphasis on how to harvest synergies while mitigating any harm to competition