Robin Malloy on Entrepreneurship, Property, and Markets

Deven Desai

Deven Desai is an associate professor of law and ethics at the Scheller College of Business, Georgia Institute of Technology. He was also the first, and to date, only Academic Research Counsel at Google, Inc., and a Visiting Fellow at Princeton University’s Center for Information Technology Policy. He is a graduate of U.C. Berkeley and the Yale Law School. Professor Desai’s scholarship examines how business interests, new technology, and economic theories shape privacy and intellectual property law and where those arguments explain productivity or where they fail to capture society’s interest in the free flow of information and development. His work has appeared in leading law reviews and journals including the Georgetown Law Journal, Minnesota Law Review, Notre Dame Law Review, Wisconsin Law Review, and U.C. Davis Law Review.

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1 Response

  1. A.J. Sutter says:

    Deven, it was generous of you to make the invitation, but would you mind also interpreting the result? I can’t tell whether Prof. Molloy has “an understanding of the current boundaries of meaning,” but this blurb seems to have transcended all such boundaries — past, present and future.

    Among other things, it isn’t clear whether Prof. Molloy is proposing what (a) entrepreneurs need to know/consider, or (b) what lawyers who work with entrepreneurs need to know/consider, or (c) what law profs who want to create a new “Law and …” should invoke. As both a practicing lawyer and entrepreneur (and erstwhile VC), I’d eliminate (a) and (b). Entrepreneurs don’t use interpretation theory for anything, especially for breaking boundaries — they just break them. Market theory doesn’t have any relevance to getting deals done as a lawyer, nor that much to real business (marketing theory is something else again). The best entrepreneurship also considers what the business can do to help customers or society at large, rather than making property so central. “Creativity” about property all too often means creating new forms of artificial scarcity; if Prof. Molloy instead is thinking about how to make money from “open source” type approaches or sharing stuff, he could have simply said so, instead of blowing smoke.