Maximizing value in the digital world

MIT Sloan Management Review

Volumn 43, Issue 3, 2002, Pages 77-84

  Maltz, Elliot ^a   Chiappetta, Vincent ^b  

^a WILLAMETTE UNIVERSITY   (United States)

^b NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0039490152     PISSN: 15329194     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (35)

1. V. Chiappetta, "Defining the Proper Scope of Internet Patents: 'If We Don't Know Where We Want to Go, We're Unlikely to Get There,'" Michigan Telecommunications and Technology Law Review 7 (2000-2001): 289-361; and V. Chiappetta, "Patentability of Computer Software Instruction as an 'Article of Manufacture': Software as Such as the Right Stuff," John Marshall Journal of Computer Information Law 17 (fall 1998): 89-181.
2. V. Chiappetta, "Defining the Proper Scope of Internet Patents: 'If We Don't Know Where We Want to Go, We're Unlikely to Get There,'" Michigan Telecommunications and Technology Law Review 7 (2000-2001): 289-361; and V. Chiappetta, "Patentability of Computer Software Instruction as an 'Article of Manufacture': Software as Such as the Right Stuff," John Marshall Journal of Computer Information Law 17 (fall 1998): 89-181.
3. R.S.R. Ku, "The Creative Destruction of Copyright: Napster and the New Economics of Digital Technology," University of Chicago Law Review, in press. A draft can be found at http://papers.ssrn.com/ sol3/papers.cfm?abstract_id266964; and M.A. Lemley, "Beyond Preemption: The Law and Policy of Intellectual Property Licensing," California Law Review 97 (January 1999): 111-172.
4. R.S.R. Ku, "The Creative Destruction of Copyright: Napster and the New Economics of Digital Technology," University of Chicago Law Review, in press. A draft can be found at http://papers.ssrn.com/ sol3/papers.cfm?abstract_id266964; and M.A. Lemley, "Beyond Preemption: The Law and Policy of Intellectual Property Licensing," California Law Review 97 (January 1999): 111-172.
5. V. Chiappetta, "Defining the Proper Scope of Internet Patents," 289-361.
6. D.S. Karjala, "A Coherent Theory for the Copyright Protection of Computer Software and Recent Judicial Interpretations," University of Cincinnati Law Review 66 (fall 1997): 53-117; D.S. Karjala, "Misappropriation as a Third Intellectual Property Regime," Columbia Law Review 94 (December 1994): 2,594-2,609; and J. Reichman, "Legal Hybrids Between the Patent and Copyright Paradigms," Columbia Law Review 94 (December 1994): 2,432-2,558.
7. D.S. Karjala, "A Coherent Theory for the Copyright Protection of Computer Software and Recent Judicial Interpretations," University of Cincinnati Law Review 66 (fall 1997): 53-117; D.S. Karjala, "Misappropriation as a Third Intellectual Property Regime," Columbia Law Review 94 (December 1994): 2,594-2,609; and J. Reichman, "Legal Hybrids Between the Patent and Copyright Paradigms," Columbia Law Review 94 (December 1994): 2,432-2,558.
8. D.S. Karjala, "A Coherent Theory for the Copyright Protection of Computer Software and Recent Judicial Interpretations," University of Cincinnati Law Review 66 (fall 1997): 53-117; D.S. Karjala, "Misappropriation as a Third Intellectual Property Regime," Columbia Law Review 94 (December 1994): 2,594-2,609; and J. Reichman, "Legal Hybrids Between the Patent and Copyright Paradigms," Columbia Law Review 94 (December 1994): 2,432-2,558.
9. A. Sutin and W. Josel, "Napster's Last Stand?" Computer and Internet Lawyer (October 2000): 20-21.
10. L. Gomes, "Renegade Gnutella May Become Web Standard," Wall Street Journal, Tuesday, May 29, 2001, sec. B, p. 6.
11. See Association of Research Libraries: http://arl.cni.org/info/frn/copy/ ucitapg.html.
12. M.A. Lemley, "Beyond Preemption," 111-172; and J. E. Cohen, "Lochner in Cyberspace: The New Economic Orthodoxy of Rights Management," Michigan Law Review 97 (November 1998): 462-563.
13. M.A. Lemley, "Beyond Preemption," 111-172; and J. E. Cohen, "Lochner in Cyberspace: The New Economic Orthodoxy of Rights Management," Michigan Law Review 97 (November 1998): 462-563.
14. K.W. Dam, "Self-Help in the Digital Jungle," Journal of Legal Studies 28 (June 1999): 393-412.
15. L. Lessig, "Code and Other Laws of Cyberspace" (New York: Basic Books, 1999), 122-141 and 142-163; M.A. Lemley, "Beyond Preemption," 111-172; and J.E. Cohen, "A Right to Read Anonymously: A Closer Look at 'Copyright Management' in Cyberspace," Connecticut Law Review 28 (summer 1996): 981-1,039.
16. L. Lessig, "Code and Other Laws of Cyberspace" (New York: Basic Books, 1999), 122-141 and 142-163; M.A. Lemley, "Beyond Preemption," 111-172; and J.E. Cohen, "A Right to Read Anonymously: A Closer Look at 'Copyright Management' in Cyberspace," Connecticut Law Review 28 (summer 1996): 981-1,039.
17. L. Lessig, "Code and Other Laws of Cyberspace" (New York: Basic Books, 1999), 122-141 and 142-163; M.A. Lemley, "Beyond Preemption," 111-172; and J.E. Cohen, "A Right to Read Anonymously: A Closer Look at 'Copyright Management' in Cyberspace," Connecticut Law Review 28 (summer 1996): 981-1,039.
18. H. Gregory, "The Napster Online Music Controversy - Is the Battle Over or Just Beginning?" John Marshall Center for Intellectual Property Law News Source 3 (spring 2001): 4-9; and M.A. Lange, "Digital Music Distribution Technologies Challenge Copyright Law," Boston Bar Journal (April 2001): 14-31.
19. H. Gregory, "The Napster Online Music Controversy - Is the Battle Over or Just Beginning?" John Marshall Center for Intellectual Property Law News Source 3 (spring 2001): 4-9; and M.A. Lange, "Digital Music Distribution Technologies Challenge Copyright Law," Boston Bar Journal (April 2001): 14-31.
20. F. Von Lohmann, "Hacker Heroes," California Lawyer 43 (June 2001): 43-44.
21. F. Von Lohmann, "Hacker Heroes," 43-44; J. Lee, "Cryptographer Held in E-Book Case Prefers Paper," New York Times Saturday Aug. 11, 2001, sec. B, p.1.
22. F. Von Lohmann, "Hacker Heroes," 43-44; J. Lee, "Cryptographer Held in E-Book Case Prefers Paper," New York Times Saturday Aug. 11, 2001, sec. B, p.1.
23. E.M. Rogers, "Diffusion of Innovations" (New York: Free Press, 1983): 192; and V. Mahajan and E. Muller, "When Is It Worthwhile Targeting the Majority Instead of the Innovators in a New Product Launch?" Journal of Marketing Research (November 1998): 488-497.
24. E.M. Rogers, "Diffusion of Innovations" (New York: Free Press, 1983): 192; and V. Mahajan and E. Muller, "When Is It Worthwhile Targeting the Majority Instead of the Innovators in a New Product Launch?" Journal of Marketing Research (November 1998): 488-497.
25. G.M. Moore, "Crossing the Chasm" (New York: Harper Business, 1991),17-21. Note that this gap or "chasm" using the Moore terminology is a definitional and a relative difference, not an absolute one. There are very few absolute innovators or members of the majority. Thus, managers attempting to utilize the suggestions must carefully assess the relative gaps in their particular circumstances as well as the size of innovator and majority populations.
26. J P. Barlow, "The Economy of Ideas," Wired 2.03 (March 1994); H.J. Dossick and D. Halberstadter, "Facing the Music," Los Angeles Lawyer 24 (April 2001): 34-40. For example, the DeCSS decryption of the DVD protection systems has been widely shared to demonstrate technical prowess, to ensure information could be as free as "free speech" itself. See the defendants' arguments in Universal City Studios Inc. v. Reimerdes, 111 F. Supp. 2d 294 (S.D.N.Y. 2000) and Universal City Studios Inc. v. Corley, 273 F. 3d 429 (2d Cir. 2001).
27. J P. Barlow, "The Economy of Ideas," Wired 2.03 (March 1994); H.J. Dossick and D. Halberstadter, "Facing the Music," Los Angeles Lawyer 24 (April 2001): 34-40. For example, the DeCSS decryption of the DVD protection systems has been widely shared to demonstrate technical prowess, to ensure information could be as free as "free speech" itself. See the defendants' arguments in Universal City Studios Inc. v. Reimerdes, 111 F. Supp. 2d 294 (S.D.N.Y. 2000) and Universal City Studios Inc. v. Corley, 273 F. 3d 429 (2d Cir. 2001).
28. C. Shapiro and H.R. Varian, "Information Rules" (Boston: Harvard Business School Press, 1999), 184.
29. Greg Milner, "Sound Scam," Village Voice, Tuesday, July 8, 1997, pp. 64-65; and R. Guzman, "CD's As Easy as MP3," Wall Street Journal, Friday, Jan. 9, 1998, sec. A, p. 14.
30. Greg Milner, "Sound Scam," Village Voice, Tuesday, July 8, 1997, pp. 64-65; and R. Guzman, "CD's As Easy as MP3," Wall Street Journal, Friday, Jan. 9, 1998, sec. A, p. 14.
31. H. Gregory, "The Napster Online Music Controversy," 4-9.
32. As research in marketing has shown, the lowest price charged in a product category is an important anchor for the perceived value of similar products subsequently introduced. See J.G. Lynch, Jr., D. Chakravarti and A. Mitra, "Contrast Effects in Consumer Judgments: Changes in Mental Representations or in the Anchoring of Rating Scales," Journal of Consumer Research 18 (December 1991): 284-297.
33. See M. Givon, V. Mahajan and E. Muller, "Software Piracy: Estimation of Lost Sales and the Impact on Software Diffusion," Journal of Marketing 59 (January 1995): 29-37. Note also a March 2001 working paper titled "Piracy and the Legitimate Demand for Recorded Music" by authors Hui, Ping and Cui of the School of Computing, National Singapore University, which suggests that in some categories of digital products losses of up to 15% of the total may accrue due to piracy.
34. See M. Givon, V. Mahajan and E. Muller, "Software Piracy: Estimation of Lost Sales and the Impact on Software Diffusion," Journal of Marketing 59 (January 1995): 29-37. Note also a March 2001 working paper titled "Piracy and the Legitimate Demand for Recorded Music" by authors Hui, Ping and Cui of the School of Computing, National Singapore University, which suggests that in some categories of digital products losses of up to 15% of the total may accrue due to piracy.
35. P. Keegan, "Lego: Intellectual Property Is Not a Toy," Business 2.0 (October 2001): 90-99.