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Transitory real-time property rights and exchange intellectual property

✍ Scribed by Robert I. Webb


Publisher
John Wiley and Sons
Year
2003
Tongue
English
Weight
125 KB
Volume
23
Category
Article
ISSN
0270-7314

No coin nor oath required. For personal study only.

✦ Synopsis


Abstract

American exchanges own the price quotations they generate. Access to real‐time price information is
highly valued by most market participants. This enables exchanges to exact royalties from the sale of such
market information. In this sense, an exchange's ownership of its price quotations is akin to owning a
property right in a perishable commodity (i.e., fresh market price quotations) that
is most valuable for only a transitory or limited period of time. The implications of exchange
ownership of price data extend beyond financial markets. Recently, Woodard (2000) has noted that some
internet auction operators have asserted ownership over the prices they generate. This study reviews the legal
origin and nature of the property right to price quotations generated on U.S. futures exchanges and assesses
whether exchange ownership should be transitory. The legal basis for transitory real‐time (real and
personal) property rights is discussed and the economic implications are considered. Β© 2003 Wiley
Periodicals, Inc. Jrl Fut Mark 23:891–913, 2003


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