“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:

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.

Austin Kleon, author, “Steal Like an Artist”
Rather than limiting creativity, the constraints of “fair use” make my poems better.

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.

Siva Vaidhyanathan, author, “Copyrights and Copywrongs”
Intellectual property law can be written and enforced to foster future innovation, not primarily to reward past victories.

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.


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.