3. Mancur Olson, The Logic of Collective Action: Public Goods and the Theory of Groups (Cambridge, Mass.: Harvard University Press, 1965) and Mancur Olson, The Rise and Decline of Nations: Economic Growth, Stagflation, and Social Rigidities (New Haven, Conn.: Yale University Press, 1982).
4. "The source of the general divergences between the values of marginal social and marginal private net product that occur under simple competition is the fact that, in some occupations, a part of the product of a unit of resources consists of something, which, instead of coming in the first instance to the person who invests the unit, comes instead, in the first instance (i.e., prior to sale if sale takes place), as a positive or negative item, to other people." Arthur C. Pigou, "Divergences between Marginal Social Net Product and Marginal Private Net Product," in The Economics of Welfare (London: Macmillan, 1932), available at http://www.econlib.org/Library/NPDBooks/Pigou/pgEW1.html. Ironically, so far as I can find, Pigou does not use the word "externality."
5. William D. Ruckelshaus, "Environmental Protection: A Brief History of the Environmental Movement in America and the Implications Abroad," Environmental Law 15 (1985): 457.
6. As always, Jessica Litman provides the clearest and most down-to-earth example. Commenting on Rebecca Tushnet's engrossing paper on fan fiction (Rebecca Tushnet, "Payment in Credit: Copyright Law and Subcultural Creativity," Law and Contemporary Problems 70 (Spring 2007): 135-174), Litman describes copyright's "balance between uses copyright owners are entitled to control and other uses that they simply are not entitled to control." Jessica Litman, "Creative Reading," Law and Contemporary Problems 70 (Spring 2007), 175. That balance, she suggests, is not bug but feature. The spaces of freedom that exist in the analog world because widespread use is possible without copying are neither oversights, nor temporarily abandoned mines of monopoly rent just waiting for a better technological retrieval method. They are integral parts of the copyright system.
7. James Boyle, "A Politics of Intellectual Property: Environmentalism for the Net?" Duke Law Journal 47 (1997): 87-116.
8. Molly Shaffer Van Houweling, "Cultural Environmentalism and the Constructed Commons," Law and Contemporary Problems 70 (Spring 2007): 23-50.
9. See http://www.eff.org/IP/, http://www.openrightsgroup.org/, http://www.publicknowledge.org/.
10. Eldred v. Ashcroft, 537 U.S. 186 (2003). Once again, Professor Lessig had the central role as counsel for petitioners.
11. See http://www.pubpat.org/.
12. See Access to Knowledge, http://www.cptech.org/a2k/. Some of Mr. Love's initiatives are discussed at http://www.cptech.org/jamie/.