86 Geo. Wash. L. Rev. 513
The task is urgent: the Myth of Free is not benign. It has misled courts into granting protected legal status to Free-product suppliers in cases ranging from contract disputes to antitrust and privacy litigation. It has also motivated policy proposals that call for eliminating market interventions—or competitive markets themselves—without adequate justification in either case. Moreover, policies designed for a post-scarcity world necessarily overlook the persistent problems attendant to scarcity, thereby creating substantial allocative inefficiencies. This Article seeks to dispel the Myth of Free before it can wreak further harm to societal welfare and the rule of law.
ROBERT STEELE: This is an extraordinary labor with great intelligence and integrity. The bottom line is particularly to be seen in endnote 260 on page 554 (page 42 within the PDF page count) where it is clear the courts do see that providers of “free” goods do have legal obligations and do receive considerations from the end users who provide both attention and personal information. I believe that a national legal summit in the near term has the power to completely destroy #GoogleGestapo legally — massing tens of thousands of inter-locked lawsuits — while a companion technical summit explores individual sovereign identity integrated within a mesh network and block-chain enabled network armed with cryptocurrency completely independent of banks and governments. The author is to be saluted for a most valuable contribution to humanity as well as his chosen profession.
PDF (74 Pages): 86-Geo.-Wash.-L.-Rev.-513 Myth of Free