Restoring Consumer Sovereignty

Preface and Acknowledgments Introduction A. A Brief History of Advertising B. The Dilution Prevention Problem C. The Restoration of Consumer Sovereignty D. The Foundations of Distributed Capitalism Clarification of Terms and Scope Part One: The Dilution Prevention Problem 1 Abiding Issues A. Perplexities of Economic Discourse B. Three Recurrent Themes C. Demarcation 2 Argumentation of the Courts and Contemporary Legal Scholarship A. The Free Riding Hypothesis B. Antitrust as Dilution Law C. Intellectual Property as Dilution Law Conclusion Part Two: The Restoration of Consumer Sovereignty 3 Making Behavioralism Work A. The Revealed Preferences Principle Reexamined B. The External Incentives Paradigm Reexamined C. Lessons for the Promotion of Progress 4 Fashioning Consumer Cognitive Capability A. Incorporating the Manipulation of Consumer Preferences into Market Regulatory Theory B. The Consumer as Culturally Situated Actor: A Reinvigorated Role for Antitrust and Intellectual Property Law C. The Construction of Consumption Conclusion Part Three: The Foundations of Distributed Capitalism 5 Open Approaches to Promoting Innovation and Economic Growth A. Open Source and Commons-Based Peer Production B. Intellectual Property Law's 'Negative Space' C. Spillover Effects and Modern Infrastructure Economics D. The Rise of Collaborative Consumption 6 From Market Access to Cumulative Innovation A. The Market Access Doctrine in Antitrust and Intellectual Property Law B. Dissatisfaction with the Market Access Test C. The Puzzling Persistence of the Market Access Paradigm D. An Independent Function for Market Access Conclusion Summary of Results A. Bifurcated Markets B. Inclusive Property and Creative Consumption C. The Supremacy of Consumer Sovereignty Bibliography Table of Cases Index