Market failure and intellectual property: a response to Professor Lunney

Professor Lunney\u27s piece in this volume is interesting enough that I forgive him for misportraying my own work. In this short reply I will clarify my position, and then examine both the place of my market failure argument and the place of some of Professor Lunney\u27s arguments within the future of Intellectual Property scholarship as a whole

The lost logic of deterrence: when 'sending a message' to the masses outstrips fairness

The first morning that then Boston University student Joel Tenenbaum woke to the realization that he had a $675,000 court judgment against him, it must have felt like some kind of weird hangover. Here he was, a young man proven to have copied 30 songs, now owing copyright owners the price of a college education several times over. He must have thought, “this can’t be happening to me.” Late last month, after years of appeals, the First Circuit Court of Appeals affirmed Mr. Tenenbaum’s obligation to pay the money. One of the reasons the court gave for affirming this amazingly large amount was “the deterrent effect of statutory damages.” Some theories of deterrence argue that if the legal system hurts one lawbreaker badly enough, that can and should compensate for low rates of enforcement

Moral philosophy, information technology, and copyright: the Grokster case

Published in Information Technology and Moral Philosophy (2008)

Authors, publishers, and public goods: Trading gold for dross

Duruy Victor. 83. 10 juillet 1868, Règlement d'organisation pédagogique pour les écoles publiques de la Seine (extraits). In: L'enseignement de l'histoire à l'école primaire de la Révolution à nos jours, textes officiels, Tome I : 1793-1914. Paris : Institut national de recherche pédagogique, 2007. pp. 214-215. (Bibliothèque de l'Histoire de l'Education, 22