New York Times Debate: Does the Law Support Inventors or Investors?

“Does the Law Support Inventors or Investors?“, New York Times (Oct. 10, 2012):

Introduction

In a report in The New York Times this week, judges, scholars and executives said that in technology fields, “the marketplace for new ideas has been corrupted by software patents used as destructive weapons.” But certainly the protections for intellectual property – like pharmaceuticals, movies and other inventions – also fuel creativity, in part by giving investors enough confidence to open their wallets.

On balance, does intellectual property law encourage or discourage innovation?

This debate includes 6 debaters:

Debaters

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  Bad Uses of Good Laws

  Tim Wu, Columbia Law School

  When intellectual property law works in one area, lawyers stretch it to another. Even when this fails, the laws are hard to get rid of.

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  Copyright Rules and the Art They Inspire

  Austin Kleon, author, “Steal Like an Artist”

  Rather than limiting creativity, the constraints of “fair use” make my poems better.

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  It’s Not Just Laws, but Also Private-Sector Rules

  Kristin Eschenfelder, professor of library and information studies

  Publishers’ new restrictions and charges could slow the progress of every academic field, even if the law itself does not.

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  When the Law Is Not Just for Oligarchs

  Siva Vaidhyanathan, author, “Copyrights and Copywrongs”

  Intellectual property law can be written and enforced to foster future innovation, not primarily to reward past victories.

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  A Centuries-Old System, and It Works

  William Barber, American Intellectual Property Law Association

  If the U.S. is to continue to be innovative, it must enforce patent rights — just as our founding fathers envisioned.

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  We Can Work It Out

  Brian Fitzgerald and Kylie Pappalardo, Australian Catholic University

  The law is a fundamental piece of infrastructure that shapes our innovation landscape. It’s how we use it that’s critical.