Brett Frischmann’s expertise is in intellectual property and internet law. After clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC, he joined the Loyola University Chicago law faculty in 2002. He has held visiting appointments at Cornell and Fordham. A prolific author, whose articles have appeared in Columbia Law Review, Cornell Law Review, University of Chicago Law Review, and Review of Law and Economics, among other journals, Professor Frischmann has focused recently on the relationships between infrastructural resources, property rights, commons, and spillovers. He is currently writing a book on these topics to be published by Oxford University Press.
Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act
By Brett Frischmann on March 13, 2013 at 1:55 pm
Appreciating what we’ve built (or dismissing the myth of the "romantic" business owner / entrepreneur / free market)
By Brett Frischmann on September 8, 2012 at 10:45 am
We inherently depend on each other and on shared infrastructures of various types. It is too easy to lose sight of this basic fact. We like to celebrate individual achievement and independence. Unfortunately, we make the mistake of thinking in binary terms, individual or social, private or public, market or government. This leads to great distortions in our perceptions about the world. Reality is more complicated.
Two New Book Reviews
By Brett Frischmann on July 24, 2012 at 5:59 am
Two published book reviews!
An Uncommonly Open Approach, written by Edella Schlager, was published in Science.
Paul de Bijl published a review in the Journal of Information Policy.
Commentary on Infrastructure: The Social Value of Shared Resources
By Brett Frischmann on May 3, 2012 at 8:35 am
Last week, Concurring Opinions hosted a symposium on my book. Here are links to the posts:
Frank Pasquale’s Introduction to the Infrastructure Symposium:
Deven Desai, Education and Infrastructure:
Next week: Concurring Opinions will host a blog symposium on Infrastructure: The Social Value of Shared Resources
By Brett Frischmann on April 19, 2012 at 10:31 am
April 25-26: Concurring Opinions will host a symposium on my book, Infrastructure: The Social Value of Shared Resources. Needless to say, I am excited and anxious, and I hope you’ll join in the conversation. I'll be sure to cross-post here as well.
Pages
Does the FCC really not get it about the Internet?
The key to an open Internet is nondiscrimination and in particular, a prohibition on discrimination or prioritization based on the identity of the user (sender/receiver) or use (application/content). I explain why at length in my book, Infrastructure: The Social Value of Shared Resources (2012).
Who Will Pay for the Zero Marginal Cost Society?
Jeremy Rifkin's book, The Zero Marginal Cost Society, is at times thrilling, at times encyclopedic, and at times possibly hyperbolic. It is very well-written, it touches on an incredibly wide variety of modern topics, it builds on an exhaustive set of references, and most importantly it makes you think seriously about the future. You cannot possibly read this book without pausing at least a half a dozen times to ponder. There were parts of the book that presented me with completely new facts, claims, technologies, and predictions.
Can Technology Turn Humans Into Machines?
"Prof. Frischmann, a member of the faculty at the Cardozo School of Law, wants readers to consider if automating life is making us more robotic.
Why Smart Phones Should Help Us Avoid Selfie Sabotage
"Brett Frischmann, Director of Intellectual Property and Information Law Program at Cardozo School of Law, told us that when technology prompts us to think about how to handle a nude selfie, the process actually can enhance social learning and help a new level of common sense emerge.
Playing by the Rules: The Success of Unlicensed Spectrum
"Professor Brett Frischmann, affiliate scholar at the Center for Internet and Society at Stanford Law School, provides a succinct explanation of why rule-based systems (those following a "commons management principle") can generate greater benefits in some instances than title-based access:
Can You Trademark Your Pot?
Kal Raustiala and Chris Sprigman, continuing their excellent blogging (soon to be in book form) about markets succeeding in absence of intellectual property, have taken a look at the question of whether or not different brands of marijuana can be covered by trademark. With the increasing legality of medical marijuana, it's not uncommon for different strands to get their own brands. However, as the two note, plant varieties cannot be trademarked, but you can build a brand on top of one.
Pages
Infrastructure: The Social Value of Shared Resources - An Evening Talk with Brett M. Frischmann (Past Event)
Join us for this evening talk where Brett Frischmann will discuss the social value of shared infrastructures— including roads, our natural environment, and the Internet—and he will explain why we can no longer afford to take these resources for granted.
Infrastructure: The Social Value of Shared Resources - Brett Frischmann (Audio)
March 5, 2013
Brett Frischmann discussed the social value of shared infrastructures— including roads, our natural environment, and the Internet—and he explained why we can no longer afford to take these resources for granted.
Infrastructure: The Social Value of Shared Resources - Brett Frischmann (Video)
March 4, 2013
Brett Frischmann discussed the social value of shared infrastructures— including roads, our natural environment, and the Internet—and he explained why we can no longer afford to take these resources for granted.
Brett Frischmann - Hearsay Culture - Show #166 - KZSU-FM
August 10, 2012
CIS Affiliate Scholar David Levine interviews Prof. Brett Frischmann of Cardozo Law, author of Infrastructure: The Social Value of Shared Resources.