Editing Tragedy of the anticommons (section)

==Examples==

In early aviation, the [[Wright brothers]] held patents on certain aspects of aircraft, while [[Glenn Curtiss]] held patents on [[ailerons]] which was an advance on the Wrights' system, but [[Wright brothers patent war|antipathy between the patent holders]] prevented their use. The government was forced to step in and create a [[patent pool]] during [[World War I]].<ref>{{cite magazine|url=http://www.newyorker.com/magazine/2008/08/11/the-permission-problem|title=The Permission Problem|magazine=[[The New Yorker]] }}</ref>

In his 1998 ''[[Harvard Law Review]]'' article,<ref name="heller98" /> [[Michael Heller (law professor)|Michael Heller]] noted that there were a lot of open air kiosks but also a lot of empty stores in many [[Eastern Europe]]an cities after the [[post-communism|fall of Communism]]. Upon investigation, he concluded that it was difficult or even impossible for a [[Startup company|startup]] retailer to negotiate successfully for the use of that space because many different agencies and private parties had rights over the use of store space. Even though all the persons with ownership rights were losing money with the empty stores, and stores were in great demand, competing interests got in the way.

Heller says that the rise of the "[[Robber baron (feudalism)|robber baron]]s" in [[Germany in the Middle Ages|medieval]] Germany was the result of the tragedy of the anticommons.<ref name="heller2008"/> Nobles commonly attempted to collect [[Toll road|tolls]] on stretches of the [[Rhine]] passing by or through their fiefs, building towers alongside the river and stretching iron chains to prevent boats from carrying cargo up and down the river without paying a fee.<ref name="heller2008" /> Repeated attempts by the [[Holy Roman Empire]], including several over the centuries by the [[Holy Roman Emperor|Emperor]], to regulate toll collection on the Rhine failed. And it was not until the establishment of the "[[Rheinischer Bund|Rhine League]]" of the Emperor with certain nobles and clergy that the "Robber barons" control over the Rhine was crushed. River tolls on the Rhine, increasingly imposed by states rather than individual lords, remained a sticking point in relations and commerce in the Rhine basin until the establishment of the [[Central Commission for Navigation on the Rhine]] in 1815.

Heller and [[Rebecca S. Eisenberg]] are academic law professors who believe that [[biological patent]]s create a "tragedy of the anticommons", "in which people underuse scarce resources because too many owners can block each other."<ref name=science/>  Others claim that patents have not created this "anticommons" effect on research, based on surveys of scientists.<ref>{{cite web|last=Cook |first=Robert |url=http://www.thehastingscenter.org/Publications/BriefingBook/Detail.aspx?id=2174 |title=Gene Patents |publisher=The Hastings Center |access-date=2018-06-24}}</ref><ref>{{cite web|url=http://www.scienceprogress.org/2009/10/do-gene-patents-hurt-research/|title=Do Gene Patents Hurt Research?}}</ref>

The housing crisis in many western cities can also be characterized as a tragedy of the anticommons.  Zoning and planning processes give neighborhood groups, environmental groups and other stakeholders significant power over whether new housing projects move forward and on what terms.  This creates a situation where many stakeholders have the right to exclude others from use of a private resource.<ref>{{cite web|last=Gebhardt |first=Matthew |url=https://www.researchgate.net/publication/315652818 |title=Planning, Property Rights and the Tragedy of the Anticommons: Temporary Uses in Portland and Detroit  |publisher=Wiley-Blackwell |access-date=2023-09-10}}</ref>   In many cases zoning and planning processes make it impossible for private landholders to construct new housing, especially multi-family housing.<ref>{{cite web |url=https://www.huduser.gov/Publications/pdf/zoning_MultifmlyDev.pdf |title=Zoning as a Barrier to Multifamily Housing Development |publisher=American Planning Association |access-date=2023-09-10}}</ref>  This results in high prices, reduced inventory and significant homelessness.<ref>{{cite web| first=Chris |last=Arnold |url=https://www.npr.org/2020/11/19/936642973/we-need-to-build-more-homes-prices-soar-amid-housing-shortage |title='We Need To Build More Homes': Prices Soar Amid Housing Shortage |publisher=National Public Radio |access-date=2023-09-10}}</ref>

The Institute of Medicine highlighted an example of the tragedy of the anticommons in the context of data sharing clinical trial data in the medical field. Some notable challenges included protecting patient privacy, balancing conflicting interests, lack of standardization in data, ensuring data quality and integrity, and legal and regulatory barriers, which all contributed to issues regarding coordination and collaboration down the line. <ref name="Trial">{{cite book |last1=Institute of Medicine |title=Sharing Clinical Trial Data: Maximizing Benefits, Minimizing Risk. |url=https://nap.nationalacademies.org/catalog/18998/sharing-clinical-trial-data-maximizing-benefits-minimizing-risk |year=2015 |publisher=National Academies Press |doi=10.17226/18998 |pmid=25590113 |isbn=978-0-309-31629-3 |access-date=26 April 2023}}</ref> This exemplifies the tragedy of the anticommons because the lower potential efficiency of clinical operation, as well as the satisfaction of patients, is compromised due to an underutilization of clinical data. 

The ongoing legal battles between [[Apple Inc. v. Samsung Electronics Co.|Apple Inc. and Samsung]] can be viewed as an example of the tragedy of the anticommons, specifically in intellectual property rights. Both Apple and Samsung own numerous patents related to mobile devices,<ref name="samsung">{{cite web |last1=Koetsier |first1=John |title=Samsung Beats IBM, Apple, Intel, Google For 2022 Patent Crown; 56% Of U.S. Patents Go To Foreign Firms |url=https://www.forbes.com/sites/johnkoetsier/2023/01/14/samsung-beats-ibm-apple-intel-google-for-2022-patent-crown-56-of-us-patents-go-to-foreign-firms/?sh=1bf735d51891 |website=Forbes |access-date=26 April 2023 |language=en}}</ref> and the 10-year long legal dispute has been centred around patent infringement. This situation is a prime example of the tragedy of the anticommons, in the sense where many owners of a resource have the ability to exclude others from using it, leading to the underutilization of that resource. [[Apple Inc.]] and [[Samsung]]'s limitations on their ability to innovate is an overall detriment to them, as well as the common people. 

Several patent disputes halted the production of the COVID-19 vaccine during its inception. Some notable cases include [[Pfizer]] vs. [[Moderna]],<ref>{{cite web |last1=Brittain |first1=Blake |title=Pfizer, BioNTech countersue Moderna over COVID-19 vaccine patents |url=https://www.reuters.com/legal/pfizer-biontech-countersue-moderna-over-covid-19-vaccine-patents-2022-12-05/ |website=Reuters |access-date=26 April 2023 |language=en |date=6 December 2022}}</ref> [[Bharat Biotech]] vs. [[Serum Institute of India]],<ref>{{cite web |last1=Leo |first1=Leroy |title=Serum Institute and Bharat Biotech call a truce, issue joint statement |url=https://www.livemint.com/science/health/serum-institute-and-bharat-biotech-call-a-truce-issue-joint-statement-11609862515586.html |website=mint |access-date=26 April 2023 |language=en |date=5 January 2021}}</ref> and [[Moderna]] vs. Arbutus.<ref>{{cite web |title=Arbutus Biopharma Corp. v. Moderna, Inc., Civil Action 22-252 {{!}} Casetext Search + Citator |url=https://casetext.com/case/arbutus-biopharma-corp-v-moderna-inc |website=casetext.com |access-date=26 April 2023}}</ref> These three cases are potentially a case of the tragedy of the anticommons. While the COVID-19 vaccine response was relatively quick, this was primarily due to scientists, doctors, ethics approval boards, manufacturers and regulatory agencies moving quickly in the state of emergency.<ref>{{cite web |last1=British Society for Immunology |title=How have COVID-19 vaccines been developed so fast? {{!}} British Society for Immunology |url=https://www.immunology.org/public-information/vaccine-resources/covid-19/covid-19-vaccine-infographics/speed-of-development |website=www.immunology.org |access-date=26 April 2023}}</ref> A patent dispute, in the sense of the tragedy of the anticommons, may have slowed down the production process, and limited the technology available, to competing firms. Patent disputes related to the COVID-19 vaccine are complex and often involve multiple parties and legal jurisdictions. The issues involved can be highly technical and may take years to resolve.