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Property as Platform: Coordinating Standards for Technological Innovation

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Type: Working Paper
Author: Smith, Henry E.
Date: 2013
Agency: Northwestern University Law School, Chicago, IL
Series: Northwestern Law Working Papers
URI: https://hdl.handle.net/10535/9064
Sector: Information & Knowledge
Region:
Subject(s): technology
innovation
Abstract: "This paper will examine the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding of property, in terms of both the substance of its rights and the implications of its remedies, have presented property as an obstacle to--rather than as a platform for--rapidly evolving technology. An information cost theory of property stresses modularity and standardization, hybrid systems of private and common rights, and the traditional safety valve of equity, all of which suggest solutions to problems not only of appropriation, but of coordination and opportunism surrounding intellectual property and technology standards."

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