Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-27T18:22:37.981Z Has data issue: false hasContentIssue false

The costs of free: commoditization, bundling and concentration

Published online by Cambridge University Press:  05 February 2018

JONATHAN M. BARNETT*
Affiliation:
Gould School of Law, University of Southern California, Los Angeles, CA, USA

Abstract

Digital markets offer abundant free content but exhibit extreme concentration among content aggregation intermediaries. These characteristics are linked. Weak copyright environments select against stand-alone content-delivery structures and select for bundled aggregation structures in which free content for users promotes positively priced advertising and data-collection services for firms. Dominant intermediaries promote commoditization, and the reallocation of market rents from content producers to content aggregators, through litigation and free content distribution that weaken copyright protections. The potential net welfare effects raise concern. Network effects, compounded by weak inventory constraints, scale economies, and learning effects, promote winner-takes-all outcomes in the intermediary services market while weak copyright may generate output distortions in the content production market.

Type
Research Article
Copyright
Copyright © Millennium Economics Ltd 2018 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Barnett, J. M. (2011), “The Host's Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods,” Harvard Law Review, 124 (8): 1861–938.Google Scholar
Barnett, J. M. (2013), “Copyright without Creators,” Review of Law & Economics, 9 (3): 389438.Google Scholar
Barnett, J.M. (2014), “From Patent Thickets to Patent Networks: The Legal Infrastructure of the Digital Economy,” Jurimetrics, 55 (1): 153.Google Scholar
Benkler, Y. (2006), The Wealth of Networks: How Social Production Transforms Markets and Freedom, New Haven: Yale University Press.Google Scholar
Boldrin, M. and Levine, D. K. (2008), Against Intellectual Monopoly, New York: Cambridge University Press.Google Scholar
Bracha, O. and Pasquale, F. A. (2008), “Federal Search Commission? Access, Fairness, and Accountability in the Law of Search,” Cornell Law Review, 93 (6): 1149–209.Google Scholar
Brandom, R. (2014), “The World's Largest Photo Service Just Made Its Pictures Free to Use,” The Verge, March 5.Google Scholar
Breyer, S. (1970), “The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies and Computer Programs,” Harvard Law Review, 84 (2): 281351.Google Scholar
CNET (1998), Netscape cuts prices on retail products, January 30, https://www.cnet.com/news/netscape-cuts-prices-on-retail-products/ (accessed January 4, 2018).Google Scholar
Complaint for Declaratory Relief and Injunctive Relief and Damages (2007), Viacom International Inc. et al. v. YouTube, Inc. et al., US District Court for the Southern District of New York, March 13.Google Scholar
comScore (2016a), comScore Releases January 2016 US Desktop Search Engine Rankings, March 16, https://www.comscore.com/Insights/Rankings/comScore-Releases-January-2016-US-Desktop-Search-Engine-Rankings (accessed November 30, 2016).Google Scholar
comScore (2016b), comScore Reports February 2016 US Smartphone Subscriber Market Share, April 6, https://www.comscore.com/Insights/Rankings/comScore-Reports-February-2016-US-Smartphone-Subscriber-Market-Share (accessed January 4, 2018).Google Scholar
Dave, P. (2017), “Google relaxes rules on free news stories, plans subscription tools,” Reuters, October 1.Google Scholar
Digital Media Licensing Association (2013), CEPIC submits EU antitrust complaint against Google Images, http://blog.digitalmedialicensing.org/?p=870 (accessed January 4, 2018).Google Scholar
Edelman, B. (2015), “Does Google Leverage Market Power Through Tying and Bundling?Journal of Competition Law and Economics, 11 (2): 365400.Google Scholar
Elberse, A. (2008), “Should You Invest in the Long Tail?” Harvard Business Review, July/August.Google Scholar
Ember, S. (2017), “Google Updates Policy on News Pay Walls. ‘First Click Free’ to End,” New York Times, October 2.Google Scholar
Engels, B. (2016), “Data portability among online platforms,” Internet Policy Review, 5 (2): 117.Google Scholar
Enterprise Linux Insights (2016), IT Trends: Strategies for Operational Efficiencies in the Era of Open Source, June 13, http://www.enterpriselinuxinsights.com/2016s-top-trends-strategies-address/ (accessed January 4, 2018).Google Scholar
European Commission (2016), Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications, April 20.Google Scholar
Evans, D. S. (2008), “The Economics of the Online Advertising Industry,” Review of Network Economics, 7 (3): 359–91.Google Scholar
Evans, D. S. (2011), “The Antitrust Economics of Free,” Competition Policy International, 7 (1): 7189.Google Scholar
Evans, D. S. and Schmalansee, R. (2013), “The Antitrust Analysis of Multi-Sided Platform Businesses,” in Blair, R. D. and Sokol, D. D. (eds), Oxford Handbook on International Antitrust Economics, Oxford: Oxford University Press, pp. 404–47.Google Scholar
Fahrenthold, D. A. (2012), “SOPA protests shut down Web sites,” Washington Post, January 18.Google Scholar
Farrell, J. and Katz, M. L. (2000), “Innovation, Rent Extraction and Integration in Systems Markets,” Journal of Industrial Economics, 48 (4): 413–32.Google Scholar
Federal Trade Commission (2013), Statement Regarding Google's Search Practices In the Matter of Google, Inc., FTC File Number 111–0163, January 3.Google Scholar
Gal, M. S. and Rubinfeld, D. L. (2016), “The Hidden Costs of Free Goods: Implications for Antitrust Enforcement,” Antitrust Law Journal, 80 (3): 521–62.Google Scholar
Google (2017), Transparency Report Data, https://transparencyreport.google.com/copyright/overview (accessed January 4, 2018).Google Scholar
Gurley, B. (2009), “Google Redefines Disruption: ‘Less than Free’ Business Model,” Above the Crowd, October 29, http://abovethecrowd.com/2009/10/29/google-redefines-disruption-the-less-than-free-business-model/ (accessed January 4, 2018).Google Scholar
Haucap, J. and Stühmeier, T. (2017), “Competition and antitrust in Internet markets,” in Handbook on the Economics of the Internet (eds. Bauer, J. M. and Latzer, M.), Cheltenham, UK: Edward Elgar Publishing, pp. 183210.Google Scholar
Kallas, P. (2016), “Top 10 Social Networking Sites by Market Share of Visits,” Dreamgrow, December 4, https://www.dreamgrow.com/top-10-social-networking-sites-market-share-of-visits/ (accessed January 4, 2018).Google Scholar
Khan, Z. (2005), The Democratization of Invention: Patents and Copyrights in American Economic Development, 1790–1920, New York: Cambridge University Press.Google Scholar
Khan, Z. and Sokoloff, K. (2001), “The Early Development of Intellectual Property Institutions in the United States,” Journal of Economic Perspectives, 15 (3): 233–46.Google Scholar
Klein, B. (1999), “Microsoft's Use of Zero Price Bundling to Fight the ‘Browser Wars’,” in: Eisenach, J. A. and Lenard, T. M. (eds), Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace, Washington, DC: Kluwer Academic Publishers, pp. 216–53.Google Scholar
Lemley, M. (2010), “Is the Sky Falling on the Content Industries?Journal of Telecommunications and High Technology Law, 9 (1): 125–35.Google Scholar
Lemley, M. (2015), “IP in a World without Scarcity”, New York University Law Review, 90 (2): 460515.Google Scholar
Lerner, A. (2014), “The Role of ‘Big Data’ in Online Platform Competition,” Working Paper, http://awards.concurrences.com/IMG/pdf/big.pdf (accessed January 4, 2018).Google Scholar
Lessig, L. (2004), Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, New York: Penguin Press.Google Scholar
Liebowitz, S. J. (2014), “How Much of the Decline in Sound Recording Sales is due to File-sharing?Journal of Cultural Economics, 40 (1): 1328.Google Scholar
Liebowitz, S. J. (2016), “Paradise Lost or Fantasy Island? Voluntary Payments by American Publishers to Authors Not Protected by Copyright,” Journal of Law and Economics, 59 (3): 549–67.Google Scholar
Liebowitz, S. J. and Margolis, S. E. (1994), “Network Externality: An Uncommon Tragedy,” Journal of Economic Perspectives, 8 (2): 133–50.Google Scholar
Linux Foundation (2009), Linux Kernel Development: How Fast It Is Going, Who is Doing It, What They Are Doing, and Who is Sponsoring It (ed. Kroah-Hartman, G.), https://www.linuxfoundation.org/publications/linux-kernel-development-how-fast-it-is-going-who-is-doing-it-what-they-are-doing-and-who-is-sponsoring-it-2010/ (accessed January 4, 2018).Google Scholar
Linux Foundation (2010), Linux Kernel Development: How Fast It Is Going, Who is Doing It, What They Are Doing, and Who is Sponsoring It (ed. Corbet, J.), https://www.linuxfoundation.org/resources/publications/page/3/.Google Scholar
Linux Foundation (2016), Linux Kernel Development: How Fast It Is Going, Who is Doing It, What They Are Doing, and Who is Sponsoring It (ed. Kroah-Hartman, G.), https://www.linuxfoundation.org/resources/publications/.Google Scholar
Lunney, G. (2014), “Copyright's Mercantilist Turn,” Florida State Law Review, 42 (1): 95150.Google Scholar
Manne, G. and Wright, J. (2011), “Google and the Limits of Antitrust: The Case against the Antitrust Case against Google,” Harvard Journal of Law and Public Policy, 34 (1): 171244.Google Scholar
Miller, C. C. (2010), “YouTube Ads Turn Videos into Revenue,” New York Times, September 2.Google Scholar
Mills, E. (2005), “Microsoft to Offer Book Search,” CNET, October 26, https://www.cnet.com/news/microsoft-to-offer-book-search/ (accessed January 4, 2018).Google Scholar
Newman, J. M. (2015), “Antitrust in Zero-Price Markets: Foundations,” University of Pennsylvania Law Review, 164: 149206.Google Scholar
Noam, E. M. (2009), Media Ownership and Concentration in America, Oxford: Oxford University Press.Google Scholar
Owsinski, B. (2016), “YouTube Has All the Leverage in New Label Negotiations,” Forbes, April 12, https://www.forbes.com/sites/bobbyowsinski/2016/04/12/youtube-has-all-the-leverage-in-new-label-negotiations/#4f064c9d1f91 (accessed January 4, 2018).Google Scholar
Paine, A. (2008), “RIAA Stops Suing Individuals over File-sharing,” Hollywood Reporter, December 19.Google Scholar
Patterson, M. R. (2013), “Google and Search-Engine Market Power,” Harvard Journal of Law & Technology Occasional Paper Series, http://jolt.law.harvard.edu/assets/misc/Patterson.pdf (accessed January 4, 2018).Google Scholar
Pessach, G. (2013), “Deconstructing Disintermediation: A Skeptical Copyright Perspective,” Cardozo Arts & Entertainment Law Journal, 31 (3): 833–73.Google Scholar
Pessach, G. (2017), “Some Realism about Copyright Skepticism,” IDEA: The IP Law Review, 57 (2): 225–78.Google Scholar
Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Renewed Motion for Summary Judgment (2013), Viacom International Inc. et al. v. YouTube, Inc. et al., US District Court for the Southern District of New York, March 29.Google Scholar
Plant, A. (1934), “The Economic Aspects of Copyright in Books,” Economica, 1 (2): 167–95.Google Scholar
Recording Industry Association of America (2016), News and Notes on 2016 RIAA Shipment and Revenue Statistics, https://www.riaa.com/wp-content/uploads/2017/03/RIAA-2016-Year-End-News-Notes.pdf (accessed January 4, 2018).Google Scholar
Sandoval, G. (2012), “Google Play, Android become entertainment powerhouses,” CNET, October 12, https://www.cnet.com/news/google-play-android-becoming-entertainment-powerhouses/ (accessed January 4, 2018).Google Scholar
StatCounter GlobalStats (2017), http://gs.statcounter.com/os-market-share/mobile/worldwide (accessed January 31, 2017).Google Scholar
Teece, D. (1986), “Profiting from Technological Innovation: Implications for Integration, Collaboration, Licensing and Public Policy,” Research Policy, 15 (6): 285305.Google Scholar
Telang, R. and Waldfogel, J. (2014), “Piracy and New Production Creation: A Bollywood Story,” Working Paper, Carnegie Mellon University and University of Minnesota.Google Scholar
US Department of Justice and Federal Trade Commission (2010), Horizontal Merger Guidelines.Google Scholar
Vuong, A. (2014), “Can MapQuest Reroute to Stay Relevant in Battle with Google Maps?” Denver Post, May 16.Google Scholar
Waldfogel, J. (2012a), “Music Piracy and its Effects on Demand, Supply and Welfare,” in Lerner, J. and Stern, S. (eds), Innovation Policy and the Economy (Vol. 12), Chicago: University of Chicago Press, pp. 91110.Google Scholar
Waldfogel, J. (2012b), “Copyright Protection, Technological Change, and the Quality of New Products: Evidence from Recorded Music since Napster,” Journal of Law and Economics, 55 (4): 715–40.Google Scholar
Weber, M. and Sutton, K. (2014), “Google Crushed Map Competition,” Wall Street Journal, January 16.Google Scholar
YouTube (2017), “How ContentID Works,” https://support.google.com/youtube/answer/2797370?hl=en (accessed January 4, 2018).Google Scholar