Sunday, September 16, 2012

Top 10 New IP Paper Downloads

What are the most downloaded IP papers that were posted on SSRN in the past 60 days?
  1. E-Books in Libraries: A Briefing Document Developed in Preparation for a Workshop on E-Lending in Libraries, by David O'Brien, Urs Gasser & John G. Palfrey (see discussion from the Digital Public Library of America)
  2. Software Patents and the Return of Functional Claiming, by Mark A. Lemley (discussed here and here)
  3. Analyzing the Role of Non-Practicing Entities in the Patent System, by David L. Schwartz & Jay P. Kesan (summarized by the authors here, discussed on lots of blogs)
  4. Patent Case Management Judicial Guide (2d ed.), by Peter S. Menell, Lynn H. Pasahow, James H. A. Pooley, Matthew Powers, Steven C. Carlson & Jeffrey G. Homrig (also on my patent references page!)
  5. The Trespass Fallacy in Patent Law, by Adam Mossoff (see Tun-Jen Chiang's response, Mossoff's reply, and Chiang's sur-reply)
  6. Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use, by Patricia Aufderheide, Peter A. Jaszi, Katie Bieze & Jan Lauren Boyles 
  7. The Pseudo-Elimination of Best Mode: Worst Possible Choice?, by Jason Rantanen & Lee Petherbridge (summarized by Rantanen on Patently-O)
  8. Hollywood Deals: Soft Contracts for Hard Markets, by Jonathan Barnett
  9. Featuring People in Ads, by Eric Goldman & Rebecca Tushnet
  10. Solving the Patent Settlement Puzzle, by Einer Elhauge & Alex Krueger
While all of these articles look interesting, as I've noted before, I think there is only a weak correlation between SSRN downloads and quality of scholarship; e.g., right now I am the #3 law author on SSRN in terms of new downloads per paper, but that is entirely due to being one of seven co-authors on a paper that has generated a lot of press. Citation rankings are somewhat more useful, but doing citation studies well is difficult; I think law professors rely so heavily on SSRN downloads because it is easy. But there are many fantastic articles that don't reach the top-downloads list, and I hope to highlight them on WD as I discover them!

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