Abstract

Many philosophers argue that the emphasis on commercializing scientific research---and particularly on patenting the results of research---is both epistemically and socially detrimental, in part because it inhibits the flow of information. One of the most important of these criticisms is the ``tragedy of the anticommons'' thesis. Some have attempted to test this thesis empirically, and many have argued that these empirical tests effectively falsify the thesis. I argue that they neither falsify nor disconfirm the thesis because they do not actually test it. Additionally, I argue that there is other evidence that actually supports the thesis