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Innovation for the 21st Century Paperback – February 4, 2011

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Product Details

  • Paperback: 416 pages
  • Publisher: Oxford University Press (February 4, 2011)
  • Language: English
  • ISBN-10: 0199794286
  • ISBN-13: 978-0199794287
  • Product Dimensions: 9.1 x 1 x 6.1 inches
  • Shipping Weight: 1.2 pounds (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #2,401,399 in Books (See Top 100 in Books)

Editorial Reviews


"Michael Carrier's Innovation for the 21st Century is sure to be an influential book in the area of intellectual property and competition policy. Carrier does an excellent job of summarizing the problems of IP and proposes workable solutions that come from both competition law and the IP laws themselves. Unlike many of the books and articles that fault the patent system in particular, but offer little in the way of a solution, Carrier asserts strong, creative ideas for reform. He offers ten specific proposals in the areas of antitrust, patents and copyright to make the competition policy/intellectual property system encourage innovation. This book will give law makers, judges, academics, students and all readers interested in innovation and competition policy a great deal to think about."
--Herbert Hovenkamp,
The University of Iowa College of Law

"Michael Carrier's new book is an innovation in itself. Many scholars write about antitrust, or patent, or copyright law, each one an area of specialization. What Carrier does is to combine these three fields to create a fourth-innovation law and policy. To do this, Carrier not only lucidly describes each of these three fields but, drawing on current social science theory, shows how legal doctrines in each of these fields should be interpreted to promote innovation in our economy. His conclusions will be of great interest not only to lawyers trying to solve current legal problems but also to policy makers concerned with providing the correct incentives for innovation."
--Harry First,
New York University School of Law

"Innovation drives our industry, attracts the best talent, and wins fame and fortune for its leaders. Patents, copyrights, and trademarks were created to protect intellectual property and encourage innovation. In this book Professor Michael Carrier elegantly connects innovation to these legal concepts and introduces creative suggestions for improvements. The very laws that were created to protect and foster innovation are in many cases having the opposite effect. Carrier explains why and how to better promote innovation in the 21st century."
--Don Dodge,
Microsoft Corporation

"[Innovation for the 21st Century] is impressive and worth including in your antitrust/intellectual property/innovation policy library. The book tackles the difficult task of reconciling intellectual property law and antitrust law. Professor Carrier's achievement is a remarkable one."
--Shubha Ghosh,
University of Wisconsin Law School

"I want to join the rest of the participants in [the virtual symposium on Innovation for the 21st Century] congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property."
--Josh Wright,
George Mason University School of Law

"Provides an excellent primer on antitrust, IP, and innovation. [Carrier] synthesizes the legal and economic foundations, contours, and controversies in an accessible fashion. I applaud him for doing this because frankly, it is tough to do given that the fields are quite technical and specialized. The book really is appropriate for a general audience."
--Brett Frischmann,
Loyola University Chicago School of Law

"Michael A. Carrier doesn't look radical. The intense Rutgers Law School professor seems every bit an ex-Washington corporate lawyer, federal appeals court clerk, and Yale and Michigan Law honors graduate. But his proposals for business-competition law and policy have the potential to shake Big Pharma and telecom companies, including some of Philadelphia's major employers, right down to their patented, copyrighted, and Washington-regulated foundations."
--Joseph N. DiStefano,
Philadelphia Inquirer

"Carrier explains in very clear language with a lot of good examples what the problems are regarding patents, trademarks, and copyrights, [and] he comes up with ingenious, concrete, and concise answers. Maybe some of Carrier's lessons will be taken into account for the next amendment [to China's patent law]."
--IP Dragon

"The Pirate Bay judgment (and the discussion in Europe as far as I know) lacks perspective on peer-to-peer networks and innovation. Perhaps the Svea Court of Appeal (Sweden) will reverse this decision, if the judges read professor Michael A. Carrier's excellent new book Innovation For the 21st Century."
-- Mats Bjorkenfeldt,

"This is an impressive work. Its synthesis of three complex legal regimes -- patent, copyright, and antitrust -- with a clear focus on their instrumental role in facilitating or frustrating innovation is a major accomplishment...the book correctly and forcefully frames the legal and policy issues...Professor Carrier has produced a timely and important book."
--Peter Carstensen, University of Wisconsin Law School
The Antitrust Bulletin: Vol. 56, No. 1/Spring 2011

About the Author

Michael A. Carrier is a Professor of Law at Rutgers University School of Law - Camden. He has published and spoken widely on the antitrust and intellectual property laws, and is one of the leading authorities in the country on the intersection of these laws. Professor Carrier's work has appeared in the Stanford Law Review, University of Pennsylvania Law Review, Duke Law Journal, Vanderbilt Law Review, and Minnesota Law Review, and he is the editor of the forthcoming volume, Critical Concepts in Intellectual Property Law: Competition . Before entering academia, he clerked for the Honorable John D. Butzner, Jr. on the U.S. Court of Appeals for the Fourth Circuit, and practiced antitrust, intellectual property, and sports law at Covington & Burling, in Washington, D.C. Professor Carrier is a summa cum laude graduate of Yale University and a cum laude graduate of Michigan Law School, where he was Book Review Editor of the Michigan Law Review .

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4 of 4 people found the following review helpful By Craig N. Oren on May 3, 2009
Format: Hardcover
Professor Carrier has an alternative vision of what copyright/patent law should be. He urges that current doctrine stifles innovation; that we will get more innovation by, ironically enough, relaxing current patent/copyright protections. He describes the current doctrine very well, and he supports thoughtfully his proposals. The book will be of aid to advanced students in the field as well as academics. N.B. I am a colleague of Professor Carrier's, although I am not in the same field.
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1 of 1 people found the following review helpful By K`Tetch on July 31, 2010
Format: Hardcover
Now, the book is not the easiest to read - it's no Harry Potter certainly - and while there is technical (or more often legal) jargon scattered throughout the points come across fairly clearly. There is also much to learn, as cases like the Lexmark DMCA printer refill trial are dealt with as legal cases, rather than journalistic sound-bytes. Comparisons between cases are also handily provided, such as between the Sony Betamax, Aimster and Grokster cases and explaining why the courts came to the decisions they did.

The underlying theme of the book is a concept often applied to antitrust, called "error cost"; or 'what is the cost of the wrong decision'. Such arguments are infrequently applied in other areas of litigation; the emphasis instead put on plaintiff's claimed damages rather than the damages of the plaintiff's claims. "I found that when we apply this concept, we find that the costs of stifling (and forever losing the benefits of) a new technology are far worse than modestly more copyright infringement (especially for music)." is how he described the concept to TorrentFreak.

Better still, it's not just that gives you a general overview, and leaves you to accept it at face value. Each chapter has a large number of footnotes, usually references to other works to crosscheck - most chapters have at least 50, with some more than 100. All in all, it's 400+ pages of education, and insightful thought. While the jargon is there, it's not too overbearing, and most terms are explained so they are not totally impenetrable to those who have not studied law. If you're seriously interested in the field, and want to expand on some of the topics in books like Free Culture, then you could do far FAR worse than this book.

Would I recommend the book? Yes.
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