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Public Domain

Public Domain Author James Boyle
ISBN-10 0300150695
Release 2008-11
Pages 672
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In this enlightening book James Boyle describes what he calls the range wars of the information age--today's heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation. Boyle identifies as a major problem the widespread failure to understand the importance of the public domain--the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.



The Public Domain Enclosing the Commons of the Mind

The Public Domain Enclosing the Commons of the Mind Author James Boyle
ISBN-10 3849513378
Release 2013-02
Pages 352
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Publisher description: "Our music, our culture, our science and our economic welfare all depend on a delicate balance between those ideas that are controlled and those that are free, between intellectual property and the public domain. In The Public Domain: Enclosing the Commons of the Mind (Yale University Press) James Boyle introduces readers to the idea of the public domain and describes how it is being tragically eroded by our current copyright, patent, and trademark laws. In a series of fascinating case studies, Boyle explains why gene sequences, basic business ideas and pairs of musical notes are now owned, why jazz might be illegal if it were invented today, why most of 20th century culture is legally unavailable to us, and why today's policies would probably have smothered the World Wide Web at its inception. Appropriately given its theme, the book will be sold commercially but also made available online for free under a Creative Commons license.".



Intellectual Property

Intellectual Property Author James Boyle
ISBN-10 1535598166
Release 2016-07-29
Pages 824
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Intellectual Property: Law & the Information Society - Cases & Materials 3rd edition (2016). This Open Coursebook is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae -and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent, with a new chapter on Federal and state trade secret protection-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an Open Coursebook, which can be freely edited, customized, copied and shared, it is also suitable for undergraduate classes, or for a business, library studies, communications or other graduate school class. A free downloadable version can be found at the Duke Center for the Study of the Public Domain website. Each chapter contains an clear introduction to the field, cases and secondary readings illustrating the structure and conflicts in the theory and doctrine of intellectual property, followed by questions to test the student's understanding. Every chapter is built around a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument, with the students asked to take the place of the lawyers, to exercises counseling clients about how search engines and trademarks interact, to discussions of the First Amendment's application to Digital Rights Management or the Supreme Court's new rulings on gene patents. The readings include writers as diverse as John Locke, Mark Twain, Victor Hugo, Thomas Babington Macaulay and John Perry Barlow, former lyricist for the Grateful Dead. This edition is current as of August 2016. It includes discussions of such issues as the Redskins' trademark cancellation and the recent constitutional challenges to it, the Google Books case, the America Invents Act's changes to patent law, and the 2016 Defend Trade Secrets Act which created a new Federal trade secrecy cause of action. It is designed to be used with Boyle & Jenkins, Intellectual Property: Selected Statutes and Treaties, 2016 Edition, which is also available both as a freely downloadable Open Coursebook and a high quality, low-cost paperback. About the Authors James Boyle is William Neal Reynolds Professor of Law at Duke Law School and the former Chairman of the Board of Creative Commons. His other books include The Public Domain: Enclosing the Commons of the Mind Jennifer Jenkins is Senior Lecturing Fellow at Duke Law School and the Director of the Center for the Study of the Public Domain. Her recent articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, and Last Sale? Libraries' Rights in the Digital Age.



Shamans Software and Spleens

Shamans  Software  and Spleens Author James Boyle
ISBN-10 0674805224
Release 1996
Pages 270
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Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), Boyle has produced a work that can fairly be called the first social theory of the information age. Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. These are the questions Boyle explores in matters as diverse as autodialers and direct advertising, electronic bulletin boards and consumer databases, ethno-botany and indigenous pharmaceuticals, the right of publicity (why Johnny Carson owns the phrase "Here's Johnny!"), and the right to privacy (does J. D. Salinger "own" the letters he's sent?). Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author--a notion that Boyle maintains is not only outmoded but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information. For those with an interest in the legal, ethical, and economic ramifications of the dissemination of information--in short, for every member of the information society, willing or unwilling--this book makes a case that cannot be ignored.



Theft

Theft Author James Boyle
ISBN-10 1535543671
Release 2017-02-14
Pages 262
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Theft: A History of Music: This comic lays out 2000 years of musical history. A neglected part of musical history. Again and again there have been attempts to police music; to restrict borrowing and cultural cross-fertilization. But music builds on itself. To those who think that mash-ups and sampling started with YouTube or the DJ's turntables, it might be shocking to find that musicians have been borrowing - extensively borrowing - from each other since music began. Then why try to stop that process? The reasons varied. Philosophy, religion, politics, race - again and again, race - and law. And because music affects us so deeply, those struggles were passionate ones. They still are. The history in this book runs from Plato to Blurred Lines and beyond. You will read about the Holy Roman Empire's attempts to standardize religious music using the first great musical technology (notation) and the inevitable backfire of that attempt. You will read about troubadours and church composers, swapping tunes (and remarkably profane lyrics), changing both religion and music in the process. You will see diatribes against jazz for corrupting musical culture, against rock and roll for breaching the color-line. You will learn about the lawsuits that, surprisingly, shaped rap. You will read the story of some of music's iconoclasts - from Handel and Beethoven to Robert Johnson, Chuck Berry, Little Richard, Ray Charles, the British Invasion and Public Enemy. To understand this history fully, one has to roam wider still - into musical technologies from notation to the sample deck, aesthetics, the incentive systems that got musicians paid, and law's 250 year struggle to assimilate music, without destroying it in the process. Would jazz, soul or rock and roll be legal if they were reinvented today? We are not sure. Which as you will read, is profoundly worrying because today, more than ever, we need the arts. All of this makes up our story. It is assuredly not the only history of music. But it is definitely a part - and a fascinating part - of that history. We hope you like it.



A Companion to Media Authorship

A Companion to Media Authorship Author Jonathan Gray
ISBN-10 9781118495254
Release 2013-02-12
Pages 576
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A Companion to Media Authorship offers 28 groundbreaking chapters which investigate the practices, attributions, and meanings of authorship. Revitalizing the study within media and cultural studies, this diverse and global collection provides the definitive work on the subject. Rethinks cultures of authorship and challenges the concept of auteurism across multiple media forms Moves beyond notions of the individual to focus on how authorship is collaborative, contested, and networked, examining cultures of authorship and the practicalities of how it works Draws on the cutting-edge research of scholars and practitioners whose work has produced significant new insights into the field Examines a wide range of media, including television, social media, radio, videogames, transmedia, music, and comic books Offers an impressive global focus, including pieces on Mexican music, amateur film production in Nairobi slums, tele-serial production in Kinshasa, Hong Kong film, and the marketing of Bollywood



Intellectual Property and Emerging Technologies

Intellectual Property and Emerging Technologies Author Matthew Rimmer
ISBN-10 9781781001189
Release 2012-01-01
Pages 512
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This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.



Intellectual Property and Climate Change

Intellectual Property and Climate Change Author Matthew Rimmer
ISBN-10 9780857935885
Release 2011-11-01
Pages 512
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'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.



Nonprofit Organizations and the Intellectual Commons

Nonprofit Organizations and the Intellectual Commons Author Jyh-An Lee
ISBN-10 9781781001585
Release 2012-01-01
Pages 224
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ÔThere is no issue more fundamental to the growth of the open source society than a more mature and penetrating understanding of the nature of the nonprofit organization in a digital culture. Professor LeeÕs book is essential reading to this fundamental topic, beautifully written and brilliantly conceived.Õ Ð Lawrence Lessig, Harvard Law School, US ÔJyh-An Lee provides the first comprehensive account of nonprofit organizations and their overlooked role in setting (and working around) intellectual property policy. The reader will find a wealth of information and a novel theory of NPOs as part of the IP ecosystem.Õ Ð Mark A. Lemley, Stanford Law School, US Over the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons. By illustrating NPOsÕ role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years. This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement.



The Utopian Human Right to Science and Culture

The Utopian Human Right to Science and Culture Author Anna Maria Andersen Nawrot
ISBN-10 9781317012702
Release 2016-03-03
Pages 232
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This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of ’thinking in terms of excendence’. The book brings a novel and critical approach to human rights in general and to the human right to science and culture in particular. It offers a new way of thinking about access to knowledge in the postanalogue, postmodern society. Inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas, the book begins by using excendence as a way of thinking about the individual, speech and text. It considers paradigms arising from postanalogue society, revealing the neglected normative content of the human right to science and culture and proposes a morality, dignity and solidarity situated in a postmodern context. Finally the book concludes by responding to questions on happiness, dignity and that which is social. Including an Annex which presents the author’s private project related to thinking in the context of the journey from ’myth to reason’, this book is of interest to researchers in the fields of philosophy and the theory of law, human rights, intellectual property and social theory.



Constitution 3 0

Constitution 3 0 Author Jeffrey Rosen
ISBN-10 9780815724506
Release 2013-03-21
Pages 271
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"Explores the challenges to constitutional values posed by sweeping technological changes such as social networks, brain scans, and genetic selection and suggests ways of preserving rights, including privacy, free speech, and dignity in the age of Facebook and Google"--



Biotech Innovations and Fundamental Rights

Biotech Innovations and Fundamental Rights Author Roberto Bin
ISBN-10 9788847020320
Release 2012-05-13
Pages 354
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Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.



Creating a Learning Society

Creating a Learning Society Author Joseph E. Stiglitz
ISBN-10 9780231525541
Release 2014-06-03
Pages 560
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It has long been recognized that most standard of living increases are associated with advances in technology, not the accumulation of capital. Yet it has also become clear that what truly separates developed from less developed countries is not just a gap in resources or output but a gap in knowledge. In fact, the pace at which developing countries grow is largely determined by the pace at which they close that gap. Therefore, how countries learn and become more productive is key to understanding how they grow and develop, especially over the long term. In Creating a Learning Society, Joseph E. Stiglitz and Bruce C. Greenwald spell out the implications of this insight for both economic theory and policy. Taking as a starting point Kenneth J. Arrow's 1962 paper "Learning by Doing," they explain why the production of knowledge differs from that of other goods and why market economies alone are typically not efficient in the production and transmission of knowledge. Closing knowledge gaps, or helping laggards learn, is central to growth and development. Combining technical economic analysis with accessible prose, Stiglitz and Greenwald provide new models of "endogenous growth," upending the received thinking about global policy and trade regimes. They show how well-designed government trade and industrial policies can help create a learning society; explain how poorly designed intellectual property regimes can retard learning; demonstrate how virtually every government policy has effects, both positive and negative, on learning; and they argue that policymakers need to be cognizant of these effects. They provocatively show why many standard policy prescriptions, especially associated with "neoliberal" doctrines focusing on static resource allocations, impede learning and explain why free trade may lead to stagnation, while broad based industrial protection and exchange rate interventions may bring benefits, not just to the industrial sector, but to the entire economy. The volume concludes with brief commentaries from Philippe Aghion and Michael Woodford, as well as from Nobel Laureates Kenneth Arrow and Robert Solow.



Media and Memory

Media and Memory Author Joanne Garde-Hansen
ISBN-10 9780748688883
Release 2011-06-29
Pages 184
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Covers the variety of complex ways that media engage with memory.



Literary Spinoffs

Literary Spinoffs Author Birgit Spengler
ISBN-10 9783593503110
Release 2015-03-05
Pages 500
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"Literary Spinoffs: Rewriting the Canon Re-Imagining the Community" explores the literary strategies, theoretical dimensions, and cultural implications of contemporary rewritings of nineteenth-century classics. By hooking on to powerful literary and cultural narratives, literary spinoffs seek to interfere with the cultural imaginary and revise the ways in which the cultural community constructs itself via formative narratives. Spengler offers in-depth case studies of prominent contemporary rewritings and the cultural work they undertake, while also examining the genre s particular aesthetics and effects. Through their intensely intertextual form, spinoffs raise urgent questions about the possibilities for participation in processes of cultural meaning-making and invigorate contemporary debates about intellectual property, cultural capital, as well as high and popular culture. "



Deception Island A Novel of Suspense

Deception Island  A Novel of Suspense Author James Boyle
ISBN-10 1457537265
Release 2015-05-11
Pages 260
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The authorities say Jason Reynolds' father drowned in a boating accident on Puget Sound, but Jason doesn't believe it. His father was a fishing guide. An accident wasn't likely. Once in town, he quickly finds evidence that supports his suspicions: files missing from his dad's office; a mysterious photo of an Asian man; and a letter threatening to evict his father unless he stops "acting against the interests of Lundgren Corporation." Lundgren Corporation. The company behind the company town. And now they turn their attention to Jason. What follows is a chess match of move and counter move, pitting Jason and his friends against the security forces of Lundgren. The stakes couldn't be higher because Lundgren has proven they will do whatever is necessary to protect the secret on Deception Island. JAMES BOYLE has previously published three urban fantasy novels: Ni'il: The Awakening, Ni'il: The War Within, and Ni'il: Waking Turtle, as well as numerous short stories and some poetry. He is a graduate of the University of Oregon and an organizer for the annual South Coast Writers Conference. He writes a blog on writing and the writing life at www.alifewellwritten.wordpress.com. He lives and writes in Gold Beach, on the south coast of Oregon.



The Content Machine

The Content Machine Author Michael Bhaskar
ISBN-10 9780857281227
Release 2013-10-01
Pages 200
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This ground-breaking study, the first of its kind, outlines a theory of publishing that allows publishing houses to focus on their core competencies in times of crisis. Tracing the history of publishing from the press works of fifteenth-century Germany to twenty-first-century Silicon Valley, via Venice, Beijing, Paris and London, and fusing media theory and business experience, ‘The Content Machine’ offers a new understanding of content, publishing and technology, and defiantly answers those who contend that publishing has no future in a digital age.