Theirs is not the only ongoing scholarly project on the empirical dimensions of intellectual property and related law. I’m compelled by self-interest to point out that Brett Frischmann, Kathy Strandburg and I have a continuing empirical project directed not to IP as such but to knowledge and information commons, institutional regimes of “managed sharing” that we intuit are far more prevalent and important in the world of producing creative and innovative “stuff” than is typically supposed and that offer important yet understudied complements to rights-based markets.
An outline of our project, including work published to date and in the hopper and a list of initial participants (for we three are not alone), is available via this website. A book of case studies by the three of us plus a group of accomplished scholars is due out next Spring from Oxford.
In addition, Jessica Silbey (Suffolk Law) has an excellent book of qualitative empirical work, “Harvesting Intellectual Property,” forthcoming next year from Stanford.