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texts
This page looks at some of the more useful (or provocative) writing
about intellectual property in the age of the internet.
copyright in cyberspace
Readers of Nicholas Negroponte's 1995 Bill Of
Writes article
and the 1994 Cyberspace and the American Dream: A Magna Carta for the
Knowledge Age manifesto
by Dyson, Gilder & Toffler would be forgiven for thinking that IP is
at best irrelevant, a quaint survival like rotary dial phones.
Grateful
Deadhead John Perry Barlow's 1994 tract
The Economy of Ideas - A
framework for rethinking patents and copyrights in the Digital Age
(Everything you know about intellectual property is wrong) and
Esther Dyson's 1995 article
Intellectual Value argued that the concept was well past
the use-by date and IP law was now deeply problematical.
Richard
Stallman, free-source apostle memorably described in Peter Wayner's new Free
For All: How Linux and the Free Software Movement Undercut the High Tech
Titans (New York, Harper 00), characterised it as 'Copywrong' in yet
another article
in WIRED.
We're unconvinced and suggest
that you instead consider the more thoughtful, well-informed
writers.
content in the borderless
world
Paul Goldstein's argument for strengthened
intellectual property protection has received considerable support but
is criticised by interests such as the libraries and theorists such as
Yochai Benkler in his October 1999 paper
on Intellectual Property and the Organisation of Information
Production.
A perspective on Benkler's argument is provided by
Jorge Schement and Terry Curtis in Tendencies & Tensions of the
Information Age: The Production & Distribution of Information in the
United States (New Brunswick, Transaction 97).
Drahos' Global
Business Regulation (Cambridge, Cambridge Uni Press 00), co-authored
with John Braithwaite, is a major work that provides an insightful and
very readable introduction to international bodies such as the World
Intellectual Property Organization. As importantly, he anatomises
how global agreements are really made and administered, as distinct from
the rhetoric from Washington or the marble halls near Lake Geneva.
Shamans, Software & Spleen: Law & the Construction of the
Information Society (Cambridge, Harvard Uni Press 96) by James
Boyle explores microeconomics, insider trading, the human genome project
and copyright in cyberspace as part of a wide-ranging exploration of
where IP is heading in the 'Age of the Internet'.
Bernt Hugenholtz's
Copyright & Electronic Commerce - Legal Aspects of Electronic
Copyright Management (Hague, Kluwer 00) and The Future of
Copyright in a Digital Environment (Hague, Kluwer 00) supply
detailed arguments - or merely wishes - from those who believe that
technology can put the information genie back into the copyright bottle.
Rembrandts In
The Attic: Unlocking the Hidden Value of Patents (Boston, Harvard
Business School Press 00) is a sprightly study by David Kline -
co-author of Roadwarriors on the Information Highway - and Kevin Rivette.
It demonstrates that much of the value of companies such as IBM lies in
its bank of patents, and more broadly in the intellectual capital that
walks in and out of its offices and laboratories each day.
Global information networks and technologies such as satellite
broadcasting pose particular challenges for traditional intellectual
property regimes, which are based on national jurisdictions and - to a
large extent - the Customers sniffer dogs administering trade barriers
at the border. A succinct analysis is provided by Dan Burk's Transborder
Intellectual Property Issues on the Electronic Frontier article for the Stanford Law & Policy Review.
commodification
of content
Anne Branscomb's Who Owns Information?
(New York, Basic Books 94) is a very readable introduction to questions
of owning information, including developments in the US such as the landmark
'Feist' case. Pamela Samuelson's paper
Is Information Property? in the 1991 Communications of the ACM
is an interesting supplement.
Mark Lemley's article
in the 1995 Journal of Online Law on Rights of Attribution and
Integrity in Online Communication explores the consequences of
some of their ideas.
For perspectives on intellectual property and
information as a commodity turn to the
incisive Information Rules (Boston, Harvard Business School Press 99) by
Hal Varian & Carl Shapiro and to The Social Life of Information (Boston, Harvard
Business School Press 00) by John Seely Brown & Paul Duguid. Fritz
Machlup's Knowledge, Its Creation, Distribution & Economic
Significance (Princeton, Princeton Uni Press 84) and The Political
Economy of Information (Madison, Uni of Wisconsin Press 88) edited
by Vincent Mosco & Janet Wasko are also of interest.
We'll be adding further pointers on
this part of the IP guide in the near future. In the interim you may be
interested in Charles Mann's 1998 overview
Who Will Own Your Next Good
Idea? and some of the major government and industry reports.
Copyright
In The Electronic Age is a report by the Canadian Book Publishers' Council,
of interest because Canada (like Australia), is "so near to the
USA, so far from heaven".
reports on the overseas
legislation
Intellectual Property & the
National Information Infrastructure, the detailed 1995 report
of the US Working Group on Intellectual Property Rights, a subgroup of
the Information Infrastructure Task Force that led to the DCMA, is also available.
Thomas Dreier produced The Current
Copyright Landscape in the Age Of The Internet & Multimedia, a detailed report
on the first version of the EU Copyright Directive.
The EC Green Paper preceding that Directive is here.
next page (patents)
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