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#[[Mann (2005) - Do Patents Facilitate Financing In The Software Industry]]
#[[Merges (1996) - Contracting Into Liability Rules]]
In addition, Lessig's book is often used as a seminal reference for the anticommons. It deserves a mention but not a write-up (it isn't seminal - it refs Heller/Eisenberg).
@book{lessig2001future,
title={The future of ideas: The fate of the commons in a connected world},
author={Lessig, Lawrence},
year={2001},
publisher={Vintage},
abstract={},
discipline={Law},
research_type={Discussion},
industry={All},
thicket_stance={Pro},
thicket_stance_extract={The complexity in these rights to exclude creates this anticommons problem. And the more severe the problem, the more it will stifle new innovation.},
thicket_def={#A, #B, References Shapiro, References Heller/Eisenberg, Overlapping Patents, Cummulative Invention, Complementary Inputs, Diversely-Held},
thicket_def_extract={...this story about the potential danger of patents in a field where innovation is sequential and complementary (where one builds on another, and the second complements the value of the first) gets additional support from an ingenious argument that Michigan law professor Michael Heller initially made and that economist James Buchanan has now followed up on.115 Heller introduces the concept of an “anticommons.” If a commons is a resource where everyone has a right to use the resource (and therefore sometimes overuse the resource), an anticommons is a resource where many have the right to block the use of a resource by others (and therefore many more underuse the resource)... Nobel Prize–winning economist James Buchanan has expanded this idea to the problem of regulation generally.116 He points to the problem of patents in particular as an example where multiple and overlapping patent protection may create an anticommons, where innovators are afraid to innovate in a field because too many people have the right to veto the use of a particular resource or idea. This potential for strategic behavior by these many rights holders makes it irrational for an innovator to develop a particular idea, just as the possibility of veto by many bureaucrats may leave a particular piece of real property underdeveloped.},
tags={},
filename={Lessig (2001) - The Future Of Ideas.pdf}
}
==Missing Papers==