The Null Device

The tradegy of the anti-commons

The tragedy of the commons occurs when there is insufficient ownership of common assets, which, as a result, become overused. But now, in the age of monetisation, copyright expansionism and corporate legislative power grabs, we are seeing the opposite: the tragedy of the anticommons, where there are too many rightsholders needed to negotiate with and pay off (each doing their duty to their shareholders by being as greedy as they can be), and many endeavours are no longer viable:
The commons leads to overuse and destruction; the anticommons leads to underuse and waste. In the cultural sphere, ever tighter restrictions on copyright and fair use limit artists’ abilities to sample and build on older works of art. In biotechnology, the explosion of patenting over the past twenty-five years—particularly efforts to patent things like gene fragments—may be retarding drug development, by making it hard to create a new drug without licensing myriad previous patents. Even divided land ownership can have unforeseen consequences. Wind power, for instance, could reliably supply up to twenty per cent of America’s energy needs—but only if new transmission lines were built, allowing the efficient movement of power from the places where it’s generated to the places where it’s consumed. Don’t count on that happening anytime soon. Most of the land that the grid would pass through is owned by individuals, and nobody wants power lines running through his back yard.
Recent experimental work by the psychologist Sven Vanneste and the legal scholar Ben Depoorter helps explain why. When something you own is necessary to the success of a venture, even if its contribution is small, you’ll tend to ask for an amount close to the full value of the venture. And since everyone in your position also thinks he deserves a huge sum, the venture quickly becomes unviable. So the next time we start handing out new ownership rights—whether via patents or copyright or privatization schemes—we’d better try to weigh all the good things that won’t happen as a result. Otherwise, we won’t know what we’ve been missing.
This effect is the subject of a new book, The Gridlock Economy, by Michael Heller, a law professor at Columbia University.

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