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12.14.2007
IP and Marginal Cost

This week, we released "Jargonomics: Intellectual Property Prices and Marginal Cost," Authored by Solveig Singleton. The paper argues that marginal cost should not be a factor in pricing or the basis of IP policy. My release on the paper can be found here.

In the paper, Solveig offers four "lessons" for policymakers regarding marginal cost:

- Prices set above marginal cost are not a sign of undue market power or monopoly due to intellectual property or anything else.
- Prices above marginal costs bring new investment and new competitors into the market in question.
- Setting prices at marginal cost (for example, in the context of compulsory licensing of music or pharmaceuticals) does not amount to setting the "right" price; only a market can do that.
- Insisting on static inefficiency in the short run reduces investment and undermines dynamic efficiency in the long run.

The paper is much too nuanced to properly summarize here - it can be found on the PFF website.

posted by Amy Smorodin @ 10:30 AM | Economics, Game Theory & Public Choice , Markets: Business, Investment & Innovation , Prices, Terms, and Licensing

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12.12.2007
Academics and Copyright

On Monday, I spent part of the morning listening to various academics and legal experts at "Copyright and the University: An Academic Symposium," an event hosted by ex-PFFer Patrick Ross. The event was meant to address attitudes towards copyright on college campuses.

The first panel, which followed a keynote by the US Register of Copyrights, Marybeth Peters, focused on "defining the problem." The panelists, adeptly led by Andrew Noyes of TechDaily, discussed everything from the attitudes of students towards the music industry to licensing arrangements for works included in course material. A few highlights and observations:

Continue reading Academics and Copyright . . .

posted by Amy Smorodin @ 2:45 PM | Academia , Enforcement & Remedies , Internet: P2P, Search Engines... , Universities

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12. 7.2007
More on Jammie Thomas from DOJ

Some time back Noel posted about a Mark Lemley article in which he argued that encouraging copyright holders to deter and enforce direct copyright liability will help innovation. This can be done by raising sactions for copyright violators and decreasing costs for copyright holders to bring suit. It appears the recommendations of the DOJ in the case align with Lemley's first recommendation.

Back to the deterrence studies: Below a certain likelihood of getting caught, even severe penalties do not deter; above that threshold, even light penalties deter. It's unlikely that traditional "see you in court" enforcement is going to fit this bill, in the copyright area, or for many others--low-value online fraud. Some innovation on the enforcement end is called for.

posted by Solveig Singleton @ 1:33 PM | Enforcement & Remedies

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12. 4.2007
More Studies of Downloading

From Music Row Law, a review of two studies now supporting the view that P2P downloading actually increases sales of physical media; the downturn in CD sales through music stores is thus a result of other factors (such as the rise of Walmart).

I remain skeptical. In analyzing this data, assumptions are key. Many other studies show harm.

The earlier study, by Strumpf, professor of business economics at the University of Kansas Business School and Felix Oberholzer, seemed to operate on some peculiar assumptions (one being that downloads of popular tunes have the same impact on sales as downloads of more obscure ones). However, their data is not available for re-analysis.

Stan Leibowitz has a concise critique of the Canadian study as well as a paper in the Journal of Law & Econ. His use of data is extremely careful.

Among other things, he concludes:

All the papers that I have seen by other economists, except for one notable exception, find some degree of harm (to record producers) caused by file-sharing. These include papers by Blackburn, Hong, Michel, Peitz and Waelbroeck, Rob and Waldfogel and Zentner. The lone exception, but the most heavily publicized, is a paper by Oberholzer-Gee and Strumpf, which I believe is littered with errors and disingenuousness as discussed in greater detail below.

His critique of the Canadian study notes:


The result that has attracted the most attention comes from this quote from the A/F report: “Among Canadians who engage in P2P file-sharing, our results suggest that for every 12 P2P downloaded songs, music purchases increase by 0.44 CDs.” Since there are 14 songs on a typical CD, this means that for each CD equivalent of song downloaded, sales of CDs would increase by one half of a CD.

To arrive at this conclusion the authors limit their sample to only those who download music from peer-to-peer sites. Limiting the sample in this way seems nonsensical. When we test the efficacy of a drug we compare those who take the drug with those who do not. If we limited our observations to only those users who take the drug we would be giving up our most useful and important information. It is possible that dosage differences across users might still provide some information about the overall impact of the drug, but the most important information is whether the drug, at any reasonable dosage, causes a change compared to no drug at all...

Our interest is in the CD purchase behavior of consumers and the ‘treatment’ is peer-to-peer downloading. The best test for that is to compare the group that downloads with peer-to-peer against the group that does not download. ...

A/F have since responded that they do not have a controlled experiment, such as that above, and imply that somehow that changes the logic of the above example. It does not. If we were to examine the impact of tobacco smoking we would compare the smokers to the non-smokers even though it is not a controlled experiment. In fact, this is how the studies were done. It would be illogical to examine only smokers. So A/F still need to provide a cogent explanation for their decision.

Although I am not sure whether A/F report this statistic, the average number of files downloaded from peer-to-peer networks in their sample of downloaders is 30 (24 -- weighted values are in parentheses) files per month (the data are publicly available here). This is the equivalent (in terms of the number of tracks) of 26 (20) CDs per year. According to the A/F quote reported above, this would mean that the average downloader increases their purchase of CDs by 14 (10) units per year. Yet the same data indicate that downloaders only purchase an average of 9 (6) CDs per year. Thus, A/F’s reported result is impossible since downloaders cannot have increased their consumption by 14 (10) units and yet, after this increase, only consume 9 (6) CDs per year.

For more, see his home page.

posted by Solveig Singleton @ 8:48 AM | Economics, Game Theory & Public Choice , Internet: P2P, Search Engines... , Media: Video, Music...

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Facebook, MySpace, and Network Externalities

Some analysis of the social networking phenom, from Agrophilia.

posted by Solveig Singleton @ 8:46 AM | Economics, Game Theory & Public Choice

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12. 3.2007
Copyright and the University: An Academic Symposium

On December 10th, ex-PFFer Patrick Ross is hosting "Copyright and the University: An Academic Symposium" at GW.
More info can be found here.

posted by Amy Smorodin @ 9:08 AM | Academia , Universities

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