Excessive property rights can block beneficial use rather than enable it

Evidence

Heller’s monograph on the anticommons problem (the situation where excessive property rights block beneficial use) is essential reading for understanding contemporary debates about patent thickets, copyright clearance, and the broader inefficiency of maximalist IP. — , The Braided Reading EPUB, 2284

Categorization

• DEFINE: Clarifies the anticommons concept — the inverse of the tragedy of the commons, where fragmentation rather than overuse is the failure mode.
• XREF: Connects to Hardin’s tragedy of the commons and the broader political-economy/IP literature in this reader’s collection. — connects to: Ownership of wealth is real only when one can part with it freely — , A Year of World Stories, 12081; Works can exceed their legal owners, creating obligations beyond title — , The Braided Reading EPUB: 5-Year…, 408; Literal application of legal rules sometimes produces absurd against-purpose outcomes — Frederick Schauer, Thinking Like a Lawyer, 284 (+12 more)

Related

• Excessive liquidation power weakens an owner within an organization (similarity 0.86)

Broader Connections

• Works can exceed their legal owners, creating obligations beyond title #expands (0.50) — , The Braided Reading EPUB, 408
• Water rights become exclusive only where scarcity makes access costly #qualifies (0.40) — I.M. Lewis, I. M. Lewis, A Modern History of the Somali_ Nation…, 65
• Elevating a single case holding to a principle causes improper legal breadth. #expands (0.40) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 136
• Literal application of legal rules sometimes produces absurd against-purpose outcomes #exemplifies (0.35) — Frederick Schauer, Thinking Like a Lawyer, 284
• Rules without concrete instances are meaningless hindrances #exemplifies (0.35) — Burton, Steven J, An Introduction to Law and Legal…, 148