Copyright and Innovation: Responses To Marks, Masnick, and Picker

Michael A. Carrier

This is Professor Carrier’s reply to the series of responses for his article, “Copyright and Innovation: The Untold Story”, published in WLR Online Issues 4-6.

I begin by noting how Marks’s response overemphasizes old business models and insufficiently appreciates the synergy between technological and creative innovation, while offering an ironically upbeat assessment of new technologies the record labels tried to quash and a newfound unsupported interpretation of the Constitution. I then explain how Picker’s emphasis on an ideal solution that would maximize copyright-related distribution innovation runs aground on the realities of copyright enforcement today. Finally, I highlight Masnick’s recounting of the themes I described in my article in settings ranging from ringtones to videogames to cable television alternatives.

Michael A. Carrier is a Distinguished Professor at Rutgers School of Law.

Volume 2013, No. 3

Professor James E. Jones, Jr. A Tribute to Professor James E. Jones, Jr.: In Honor of an “Honor Man” By Mario L. Barnes I met Professor Jim Jones, quite accidentally, within days of arriving in …