With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai Benkler in this thought-provoking book. The phenomenon he describes as social production is reshaping…
Computer Law, Intellectual Property and Media Law
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5,645 papers
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This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a…
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The appropriaterole of place- and space-based metaphors for the In- ternet and its constituent nodes and networks is hotly contested. This Essay seeks to provoke criticalreflection on the implications of place- and space- based theories of…
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Some economists and privacy advocates have proposed giving individuals property rights in their personal data to promote information privacy in cyberspace. A property rights approach would allow individuals to negotiate with firms about the uses to…
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This Article assesses intellectual property laws emerging role as a modern form of sumptuary law. The Article observes that we have begun to rely on certain areas of intellectual property law to provide us with the means to preserve our conventional…
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Journalists, politicians, jurists, and legal academics often describe the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big Brother-the totalitarian…
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The advent of Web 2.0 has enabled a host of new services and possibilities on the Internet. Among many new possibilities, users can easily upload online content that can be accessed, viewed and downloaded by other users around the globe. This has…
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The purpose of copyright is to encourage the creation and mass dissemination of a wide variety of works. Until recently, most means of mass dissemination required a significant capital investment. The lion's share of the economic proceeds of…
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Cyberspace is the rapidly growing network of computing and communication technologies that have profoundly altered our lives. We already carry out myriad social, economic, and political transactions through cyberspace, and, as the technology…
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Jack Balkin is the Knight Professor of Constitutional Law and the First Amendment and the Director of the Information Society Project (home of Lawmeme) at Yale Law School. He is an accomplished and prolific scholar who helped organize the amazing…
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The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated…
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Cyberspace was once thought to be the modern equivalent of the Western Frontier, a place, where land was free for the taking, where explorers could roam, and communities could form with their own rules. It was an endless expanse of space: open,…
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Virtual worlds have seized the imaginations of millions of people who now live, work, and play together in these new environments. But all is not well. These online communities are ruled nearly exclusively by contract law, through end-user licence…
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Two potentially widespread phenomena, mass standardized contracts and digital rights management systems, could have dramatic impact on how the law of property and contract regulates the distribution of intellectual property. This paper argues these…
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This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - that is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online…
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