is discussed in Slate by law prof Tim Wu. He has an arresting analogy:

Individually, more [authorial] control may always seem appealing—who wouldn't want more control? But collectively, it can be a disaster. Consider what it would mean, by analogy, if map-makers needed the permission of landowners to create maps. As a property owner, your point would be clear: How can you put my property on your map without my permission? Map-makers, we might say, are clearly exploiting property owners, for profit, when they publish an atlas. And as an individual property owner, you might want more control over how your property appears on a map, and whether it appears at all, as well as the right to demand payment.

But the law would be stupid to give property owners that right. Imagine how terrible maps would be if you had to negotiate with every landowner in the United States to publish the Rand McNally Road Atlas. Maps might still exist, but they'd be expensive and incomplete. Property owners might think they'd individually benefit, but collectively they would lose out—a classic collective action problem. There just wouldn't really be maps in the sense we think of today.

The critical point is this: Just as maps do not compete with or replace property, neither do book searches replace books. Both are just tools . . . .

posted by James DeLong @ 5:57 PM |

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