James Gibson

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Risk Aversion and Rights Accretion in Intellectual Property Law

116 Yale L.J. 882 (2007) Intellectual property’s road to hell is paved with good intentions. Because liability is difficult to predict and the consequences of infringement are dire, risk-averse intellectual property users often seek a license when none is needed. Yet because the existence (vel non) of licensing markets plays a key role in determining the breadth of rights, these...