[IP] a comment on -- Spectrum Policy: Property or Commons?

[Dave Farber <dave@farber.net>]

------ Forwarded Message
From: Gerry Faulhaber <gerry-faulhaber@mchsi.com>
Date: Sun, 08 Dec 2002 12:55:43 -0500
To: dave@farber.net
Subject: Re: <[IP]> Spectrum Policy: Property or Commons?

This is a great idea.  Moving forward on spectrum policy requires a healthy
debate among interested and knowledgeable scholars, and I applaud Larry
Lessig for taking up the challenge.

My only quibble is framing this as an either/or debate: should we have
property rights or should we have commons?  In fact, we can have both, as
Dave and I showed in our recent paper (filed with the FCC at
http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_documen
t=6513282647 ).  Our proposed model for managing spectrum involves both
property rights and commons, and allows the mix of the two to adjust over
time as new technology comes to market.

If we continue to frame this as a "debate" (although I know law school
scholars love the moot court format;-), as an either/or, we are not really
helping policymakers come to grips with what may be the critical
telecommunications infrastructure for the next twenty years.  It's time to
move beyond academic disputation and reach for the synthesis we know is
there.  I hope Larry Lessig's forum allows this to happen.

Gerald Faulhaber
Business and Public Policy Department
Wharton School, University of Pennsylvania
Philadephia, PA 19104

----- Original Message -----
From: "Dave Farber" <dave@farber.net>
To: "ip" <ip@v2.listbox.com>
Sent: Sunday, December 08, 2002 12:12 PM
Subject: <[IP]> Spectrum Policy: Property or Commons?


>
> ------ Forwarded Message
> From: Dewayne Hendricks <dewayne@warpspeed.com>
>
>
> At 18:07 -0800 12/7/02, Lawrence Lessig wrote:
> >We're planning a gig to frame the commons/property debate at Stanford.
See
> ><http://cyberlaw.stanford.edu/spectrum/>
> >
> >In addition to a technical and market overview, we will have (1) a panel
of
> >property types criticize a commons paper, (2) a panel of commons types
> >criticize a property paper, and (3) a "moot court" where the two will be
> >presented to a panel of judges that will include Powell, Judge Kozinski,
> >Harold Demsetz (an economist, and the Coase stand in), and possibly
Senator
> >Boxer. (Coase originally agreed to participate in this, but has since
> >declined because of health).
> >
> >More details to come, but sign up for the information list so I don't
have
> >to spam this list anymore!
> >
> >-----
> >Lessig
> >Stanford Law School
> >Crown Quadrangle
> >559 Nathan Abbott Way
> >Stanford, CA  94305-8610
> >650.736.0999 (vx)
> >650.723.8440 (fx)
> >501.423.6285 (eFax)
> >Ass't: <laura.lynch@stanford.edu>
> >     <http://cyberlaw.stanford.edu/lessig>
> >     <http://the-future-of-ideas.com>
> >     <http://creativecommons.org>
> >     <http://eldred.cc>
>
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