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Selective Enforcement of Copyright as an Optimal Monopolistic Behavior

Author

Listed:
  • Ben-Shahar Danny

    (The Interdisciplinary Center)

  • Jacob Assaf

    (IDC)

Abstract

We present a perfect Nash equilibrium in which the creator of a work, motivated by economic considerations, selectively enforces her own copyright. In fact, the creator may not only permit, but may strategically promote infringement of the copyright, thereby participating indirectly in predatory pricing, and so raising barriers to entry. Our model is highly applicable to the software industry, where relatively high entry costs and the relatively low cost of copyright infringement make this phenomenon likely. We further show the conditions under which exogenous intervention, through intensive enforcement of copyrights, increases social welfare. Finally, we explore some potential strategies for such legal intervention.

Suggested Citation

  • Ben-Shahar Danny & Jacob Assaf, 2004. "Selective Enforcement of Copyright as an Optimal Monopolistic Behavior," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 3(1), pages 1-31, September.
    • Handle: RePEc:bpj:bejeap:v:contributions.3:y:2004:i:1:n:18
    DOI: 10.2202/1538-0645.1189
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    References listed on IDEAS

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    1. Panel on Estimates of Poverty for Small Geographic Areas of which Allen L. Schirm is a member, "undated". "Small-Area Income and Poverty Estimates: Priorities for 2000 and Beyond," Mathematica Policy Research Reports a0588a6815864c46b8974e1d1, Mathematica Policy Research.
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    Cited by:

    1. Wu, Chien-Wei & Gong, Jyh-Chyi & Chiu, Hsien-Hung, 2016. "Duopoly competition with non-deceptive counterfeiters," International Review of Law and Economics, Elsevier, vol. 47(C), pages 33-40.
    2. Kim Jin-Hyuk, 2007. "Strategic Use of Copyright Protection to Deter Entry," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 7(1), pages 1-19, September.
    3. Eric P. Chiang & Djeto Assane, 2009. "Estimating The Willingness To Pay For Digital Music," Contemporary Economic Policy, Western Economic Association International, vol. 27(4), pages 512-522, October.
    4. Mustonen, Mikko, 2019. "Direct publishing and the bargaining between the author and the publisher," Information Economics and Policy, Elsevier, vol. 48(C), pages 40-47.
    5. Eric Chiang & Djeto Assane, 2007. "Determinants of music copyright violations on the university campus," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 31(3), pages 187-204, September.
    6. Minniti, Antonio & Vergari, Cecilia, 2010. "Turning Piracy into Profits: a Theoretical Investigation," Information Economics and Policy, Elsevier, vol. 22(4), pages 379-390, December.

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