The Piracy Paradox
“Why, when other major content industries have obtained increasingly powerful IP[Intellectual Property] protections for their products, does fashion design remain mostly unprotected – and economically successful? The fashion industry is a puzzle for the orthodox justification for IP rights. This paper explores this puzzle. We argue that the fashion industry counter-intuitively operates within a low-IP equilibrium in which copying does not deter innovation and may actually promote it. We call this the piracy paradox.”
Kal Raustiala (University of California, Los Angeles (UCLA) – School of Law) and Christopher Jon Sprigman (Univeristy of Virginia School of Law), 2006.