Rutgers-Camden law scholar releases book in paperback
CAMDEN — Innovation is crucial for economic growth. It’s led to breakthroughs in science and medicine, given us automobiles and aircraft, and paved the way for cell phones, iPods, and Kindles. As President Obama recently explained in his State of the Union address, innovation is a central theme of the American story.But Rutgers University–Camden law professor Michael Carrier says that innovation is under siege, and the culprit is the U.S. legal system.
“The problem is that courts are so obsessed with stamping out every instance of copyright infringement that they are stifling revolutionary technologies,” Carrier says. “We as a country have no idea what we’re missing.”
The Rutgers–Camden scholar, who has written and spoken widely on the antitrust and intellectual property laws, has written a book that describes how these laws are stifling innovation.
In the book, Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (Oxford University Press, 2009), Carrier offers ten pathbreaking proposals to improve the patent and copyright laws to foster innovation instead of quashing fledgling technologies. The book was just released in paperback.
“Innovation has not been a central focus in the courts or in Congress,” Carrier says. “That was my goal in writing this book. I wanted to put innovation front and center because it’s more responsible for economic growth than anything els
Carrier’s focus on innovation also could save the music and movie industries. In his book, Carrier explains that innovations like YouTube, DVRs, and peer-to-peer technology can be used to create revolutionary new forms of interaction and entertainment, but are often the target of copyright infringement lawsuits. Carrier argues that copyright law should be changed so it does not punish innovative technologies.
He also suggests limiting copyright’s draconian statutory damages. “Every time there’s an instance of copyright infringement, there could be $150,000 in damages,” Carrier says. “Multiply that by every time a song is played on satellite radio or on an iPod. These technologies could easily be put out of business.”
The Rutgers–Camden law scholar also points to the pharmaceutical industry as another example of the law hindering innovation.
“Brand-name drug companies pay generic firms to stay off the market,” Carrier explains. “We as consumers don’t get affordable drugs. We don’t get innovative drugs. Brand firms are spending time and paying money to make sure there’s no competition.”
In the book, Carrier makes a case for bolstering generic competition in the drug industry to increase innovation and save consumers money.
A Philadelphia resident, Carrier teaches intellectual property, antitrust, and property law at the Rutgers School of Law–Camden. He has given more than 50 talks and written more than 30 articles on these topics in publications like the Stanford Law Review, Michigan Law Review, University of Pennsylvania Law Review, and Duke Law Journal.
Carrier earned his undergraduate degree from Yale University and his Juris Doctor from University of Michigan Law School.
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Media Contact: Ed Moorhouse
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E-mail: ejmoor@camden.rutgers.edu