Fables of scarcity in IP

Area of Science:

• Literary criticism
• Legal studies
• Intellectual property law

Background:

• Artificial scarcity is often perpetuated through storytelling in both literary and legal contexts.
• Understanding these narrative strategies is crucial for evaluating claims of scarcity and their impact on property rights.

Purpose of the Study:

• To analyze how literary and legal storytelling employs "scarcity fables" to justify property claims.
• To identify and examine specific narrative strategies used in scarcity mongering.
• To explore the implications of these fables, particularly in intellectual property law.

Main Methods:

• Literary analysis of texts including Kafka's "A Hunger Artist" and Coetzee's The Life and Times of Michael K.
• Examination of non-fungible tokens (NFTs) as examples of artificially generated value and scarcity.
• Close reading of a copyright case (Leonard v. Stemtech) involving intellectual property.

Main Results:

• Identified three key narrative strategies: the spectacle of need, the diversionary tactic, and the rallying cry.
• Demonstrated how NFTs use the spectacle of need to distract from actual scarcity and promote ownership.
• Illustrated how scarcity fables in copyright law, like in Leonard v. Stemtech, can support expansionist property claims.

Conclusions:

• Scarcity fables are a distinct genre that warrants critical attention from scholars and policymakers.
• These fables can be particularly harmful in copyright litigation, potentially damaging the public domain.
• Identifying scarcity fables can prompt a review of asserted scarcity and prevent solutions that exacerbate real scarcity.