Earlier today, I joined the Committee for Justice’s Ashley Baker along with Law Professor Kristen Osenga for a virtual panel discussion on "The Common Purposes of Intellectual Property and Antitrust." Video of the panel, which runs about an hour, is now available online. The panel discussion addressed the differences between intellectual property rights – such as copyrights and patent rights – from harmful monopolies. Along the way, the panel also delved into the role of administration in IP rights, legislative proposals for changing antitrust law, and the merits of the consumer welfare standard.
My initial comments during CFJ's panel parallel my April 7 Perspectives from FSF Scholars paper titled "The Property Rights View of Copyrights Beats Bogus Monopoly Talk" and a short item I posted on April 9 at the Federalist Society's blog titled "Copyrights are Property Rights, Not Harmful Monopolies." Free State Foundation President Randolph May and I wrote a book chapter with the same name as the CFJ panel in our book Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (Carolina Academic Press, 2020).
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