Lemley, Mark A., "Property, Intellectual Property, and Free Riding" (August 2004). Stanford Law and Economics Olin Working Paper No. 291.
Courts and scholars have increasingly assumed that intellectual property is a form of property, and have applied the economic insights of Harold Demsetz and other property theorists to condemn the use of intellectual property by others as free riding. In this article, I argue that this represents a fundamental misapplication of the economic theory of property.