rivalrousness

This is one of the problems with the emphasis on "rivalrousness" which, in clearer English, might well be termed "end-user reproducibility" as a measure of the propriety of treating a large class as property: by its nature, an inquiry into end-user reproducibility is both fleetingit depends upon technical means and skills available at the moment of measureand limited to homogeneous economic goods/services.

Scrivener's Error 2003

In any event, the "rivalrousness" debate continues, this time between Professor Volokh and Professor Solum.

Scrivener's Error 2003

In any event, there is an a market-based analog to "rivalrousness" in intellectual property exploitation that unfortunately comes from something usually labelled "exclusive": that an exclusive right is in many circumstances worth more in the market than is a nonexclusive right to the same intellectual property.

Scrivener's Error 2003

Ex post, we in the IP community stress continuing non-rivalrousness.

IP Scholars conference, second parallel session Rebecca Tushnet 2006

Part of the problem with “intellectual property” is the illusory and circular concept of “rivalrousness” that some economists have put forth as a part of the concept of property.

Blackstone on Trial - The Panda's Thumb 2006

If there is such a principled distinction, all it does is, as noted above, raise rivalrousness to the most significant aspect of property.

Scrivener's Error 2003

Professor Volokh and Professor Solum have continued their disagreement on end-user reproducibility/rivalrousness.

Scrivener's Error 2003

Second, it continues to elevate rivalrousness to the single most critical element in determining whether something is or is not "property."

Scrivener's Error 2003

First, I cannot find a principled distinction between "excludability" and "rivalrousness" that would apply to intellectual property, even should I accept that "rivalrousness" has a meaning independent of "excludability" not all schools of economics do.

Scrivener's Error 2003

Intellectual property is different from tangible property in a crucially important respect rivalrousness.

Scrivener's Error 2003