Thursday, January 27, 2011

Ramello on Property Rights, Externalities, and Knowledge

Giovanni Battista Ramello (University of Eastern Piedmont; ICER) has posted Property Rights and Externalities: The Uneasy Case of Knowledge.  The abstract:

Drawing from Coase’s methodological lesson, this article discusses the specific case of knowledge, which was for a long time chiefly governed by exchange mechanisms lying outside the market, and has only recently been brought into the market. Its recent, heavy “colonization” by the property paradigm has progressively elicited criticism from commentators who, for various reasons, believe that the market can play only a limited role in pursuing efficiency in the knowledge domain. The article agrees with the enounced thesis and tries to provide an explanation of it that relates to the fact that in specific circumstances property-rights can produce distinct market failures that affect the social cost and can consequently prevent attainment of social welfare.

In particular, the arguments set forth here concern three distinct externalities that arise when enforcing a property rights system over knowledge. First, the existence of a property right may itself alter individual preferences and social norms, thus causing specific changes in individuals' behaviour. Second, the idiosyncratic nature of knowledge, as a collective and inherently indivisible entity, means that its full propertization can be expected to produce significant harm. Third, property rights can cause endogenous drifts in the market structure arising from the exclusive power granted to the right holder: though generally intended as a necessary mechanism for extracting a price from the consumer, in the knowledge domain property rights can become a device for extracting rents from the market.

This article is especially interesting right now because my Property I classes, reading Dukeminier, are exactly at the transition between economic theories of property and acquisition by creation (IP).  We've talked about the externalities associated with strip mining and urban parking, and now will be going forward into the questions of property in knowledge. 

Matt Festa

http://lawprofessors.typepad.com/land_use/2011/01/ramello-on-property-rights-externalities-and-knowledge.html

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