The strategic use of business method patents: a pilot study of out of court settlements

A patent is an exclusive right preventing the use or exploitation of an invention by others than the owner of the patent. A patent can be accurately described as a statutory monopoly within the scope and the jurisdiction of its grant. Proprietary positions in electronic commerce are particularly critical because of the low barriers to entry in the digital environment, and the huge potential value buried in reengineering supply chains and direct retailing services

A Careful Examination of the Live Nation-Ticketmaster Merger

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws. One primary source of concern to critics is that Ticketmaster and Live Nation are two leading providers of ticket distribution services, and these critics argue that the merged entity would have a combined market share that is presumptively anticompetitive. We observe, however, that this transaction is taking place within a rapidly changing industry. The spread of Internet technologies has transformed the entertainment industry, and along with it the ticket distribution business such that a reliance on market shares based on historical sales is misleading. A growing number of venues, aided by a competitive bidding process that creates moments of focused competition, can now acquire the requisite capabilities to distribute tickets to their own events and can thus easily forgo reliance upon providers of outsourced distribution services. If self-distribution is an available and attractive option for venues, as it appears to be, then it is unlikely that even a monopolist provider of fully outsourced ticketing services could exercise market power. Ultimately, a proper assessment of the horizontal effects of this merger would have to weigh heavily the emerging role of Internet technologies in this dynamic business and the industry-wide trend towards self-distribution. The second category of arguments by critics opposing the merger rests on claims that vertical aspects of the transaction would produce anticompetitive effects. Indeed, Ticketmaster’s and Live Nation’s core businesses are in successive markets, and thus the proposed transaction is primarily a vertical merger, but there is broad agreement among economists and antitrust authorities that vertical mergers rarely introduce competitive concerns and are usually driven by efficiency motivations. This wealth of academic scholarship, which is reflected in current antitrust law, has not - from our vantage point - been properly incorporated into the public dialogue concerning the proposed merger. To the contrary, critics articulate concerns, including the fears that the merger would lead to the leveraging of market power and the foreclosure of downstream competition, that are refuted by accepted scholarship. Moreover, there are a number of specific efficiencies that, consistent with economic and organizational theory, are likely to emerge from a Live Nation-Ticketmaster merger and would be unlikely but for the companies’ integration. For these reasons, we submit this analysis in an effort to inform the debate with current economic and legal scholarship

Managing change in the legal firm through the teaching company scheme

This paper draws from our experiences in the initial stages of this project and illustrates the many challenges facing legal firms undertaking such major restructuring of their business processes. Theearly involvement of all stakeholders and the development of effective change management strategies are emphasised

Co-opetition of TV broadcasters in online video markets : a winning strategy?

This article focuses on TV broadcasters adopting co-opetition strategies for launching online video services. It is claimed that the emergence of online video platforms like YouTube and Netflix is driving TV broadcasters to collaborate with their closest competitors to reduce costs and reach the necessary scale in the global marketplace. The article sheds light on online video platforms that were developed following a co-opetition strategy (Hulu and YouView). The establishment of joint ventures in online video, however, has been scrutinised by competition authorities which fear that collaboration between close competitors lessens rivalry and reduces consumer choice. Therefore, several co-opetition projects (among others BBC’s Kangaroo and Germany’s Gold) have been prohibited by competition authorities

Music in electronic markets: an empirical study

Music plays an important, and sometimes overlooked part in the transformation of communication and distribution channels. With a global market volume exceeding US$40 billion, music is not only one of the primary entertainment goods in its own right. Since music is easily personalized and transmitted, it also permeates many other services across cultural borders, anticipating social and economic trends. This article presents one of the first detailed empirical studies on the impact of internet technologies on a specific industry. Drawing on more than 100 interviews conducted between 1996 and 2000 with multinational and independent music companies in 10 markets, strategies of the major players, current business models, future scenarios and regulatory responses to the online distribution of music files are identified and evaluated. The data suggest that changes in the music industry will indeed be far-reaching, but disintermediation is not the likely outcome

Intellectual Property Research: From the Dustiest Law Book to the Most Far off Database

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and changes common to consumers of IP information. What are the types of data IP researchers seek? What are the options for access to such data? How do we evaluate the access points? What is the value added to our information access choices? The mission of this series is to present tools and strategies and answers some of these consumer questions within evaluative frameworks appropriate to the tools under consideration. Each information acquisition choice is made on a moment-by-moment basis subject to the press of business. Choices are made by the totality of the circumstances. Pressures and factors such as time and money often drive information consumption and will be acknowledged and addressed in the series. Despite the intense growth of IP as a legal specialty, the widespread focus on IP in other disciplines outside the law and the increasing use of non-legal data such as patent statistical indicators, little has been written on IP research. There are no dedicated treatises or periodicals on IP legal research. There are no comprehensive treatises on patent, trademark or copyright searching. The intent of this series is not scholarship and footnotes. The intent is to provide some helpful tools and strategies to those performing IP research on the spectrum from law to facts. So, the phrase IP research in this introduction, unless otherwise specified, refers to the acquisition all types of IP information by the full range of consumers

Reach and rich : the new economics of information and the provision of on-line legal services in the UK

The paper considers a number of issues including the use of the Web as an opportunity for smaller firms to break free from the traditional indicators of reputation and expertise such as the size and opulence of offices. It also reflects on the use of client-specific Extranets in addition to publicly available Internet sites. The paper concludes that although the Web provides reach, offering richness and the sense of community required for creating and sustaining relationships with potential clients can be difficult. Some suggestions are made for enhancing 'Richness' in Web sites

Online Store Locator: An Essential Resource for Retailers in the 21st Century

Most retailers use their websites and social media to increase their visibility, while potential customers get information about these retailers using the Internet on electronic devices. Many papers have previously studied online marketing strategies used by retailers, but little attention has been paid to determine how these companies provide information through the Internet about the location and characteristics of their stores. This paper aims to obtain evidence about the inclusion of interactive web maps on retailers’ websites to provide information about the location of their stores. With this purpose, the store locator interactive tools of specialty retailers’ websites included in the report “Global Powers of Retailing 2015” are studied in detail using different procedures, such as frequency analysis and word clouds. From the results obtained, it was concluded that most of these firms use interactive maps to provide information about their offline stores, but today some of them still use non-interactive (static) maps or text format to present this information. Moreover, some differences were observed among the search filters used in the store locator services, according to the retailer’s specialty. These results provided insight into the important role of online store locator tools on retailers’ websites

Network industries in the new economy

In this paper we discuss two propositions: the supply and demand of knowledge, and network externalities. We outline the characteristics that distinguish knowledge- intensive industries from the general run of manufacturing and service businesses. Knowledge intensity and knowledge specialisation has developed as markets and globalisation have grown, leading to progressive incentives to outsource and for industries to deconstruct. The outcome has been more intensive competition. The paper looks at what is potentially the most powerful economic mechanism: positive feedback, alternatively known as demand-side increasing returns, network effects, or network externalities. We present alternative demand curves that incorporate positive feedback and discuss their potential economic and strategic consequences. We argue that knowledge supply and demand, and the dynamics of network externalities create new situations for our traditional industrial economy such that new types of economies of scale are emerging and "winner takes all" strategies are having more influence. This is the first of a pair of papers. A second paper will take the argument further and look at the nature of firms' strategies in the new world, arguing that technology standards, technical platforms, consumer networks, and supply chain strategies are making a significant contribution to relevant strategies within the new economy