Tragedy of the Anticommons? Intellectual Property and the Sharing of Scientific Information

Abstract

Many philosophers argue that the emphasis on commercializing scientific research—and particularly on patenting the results of research—is both epistemically and socially detrimental, in part because it inhibits the flow of information. One of the most important of these criticisms is the “tragedy of the anticommons” thesis. Some have attempted to test this thesis empirically, and many have argued that these empirical tests effectively falsify the thesis. I argue that they neither falsify nor disconfirm the thesis because they do not actually test it. Additionally, I argue that there is other evidence that actually supports the thesis.