Article

Five Lessons about Copyright in the Information Society: Reaction of the Scientific Community to Over-Protection and what Policy Makers Should Learn

Authors:
  • Max Planck Institute for Innovation and Competition, Munich, Germany
To read the full-text of this research, you can request a copy directly from the author.

Abstract

This Article explores a wide range of issues rooted in the copyright-and-technology interface with the aim of drawing a clearer picture in this regard for policy makers and legislators. Based upon an historical examination of copyright law, this Article considers, in particular, how copyright rule-making at the international and national levels has been, and is being, shaped by technological development. More importantly, this Article expounds upon the ramifications of five lessons for the potential overhaul of copyright law amid growing complexities in striking an optimal balance of competing interests.

No full-text available

Request Full-text Paper PDF

To read the full-text of this research,
you can request a copy directly from the author.

... Studies claimed that contributors to the creation of knowledge will be less inclined to continue creating knowledge when they have insufficient rewards or benefits and when others do not contribute equally but merely free-ride on their productions or innovations (Chou & Passerini, 2009) There are, however, increasing concerns raised by opponents of intellectual property protection that intellectual property may negatively hamper access to beneficial works. Previous research has established that intellectual property protection could stifle the dissemination of works, increase the market price and sometimes, to the extent of creating a monopolistic environment (Hilty, 2005;Shanmugaiah, 2012). With intellectual property protection, latecomer firms would need to face more challenges, especially if they have limited financial and human resources (Mets & Kelli, 2014). ...
... It is encouraging to compare this finding with another study which found that making books freely available online, including religious books, is a financially feasible move as it does not bring a negative effect on sales but creates broader access for users (Hilton, 2010). Moreover, there is a social requirement for information and knowledge to be disseminated as widely as possible for public benefit, particularly those involving spiritual or religious education. ...
Article
Various technological innovations in ICT have brought about profound changes in major aspects of education, namely the content delivery or pedagogy, and the structure or management of both formal and informal education. Current technology has also offered the ease of copying or reusing new innovation without the need to acknowledge or compensate the creators. New books, and methods or techniques can easily be copied and digital resources may speedily be scanned and forwarded without much regard to the creators’ effort or investment. These actions would potentially discourage creations of new innovations that would be useful for public lifelong learning. Understanding cultural perspectives in the relationship between the intellectual property system and religious works is significant since it analyzes the intersection of belief and culture with the application of the law. This paper explored the development of creativity and innovation in an informal education setting, specifically looking at Quranic teaching offered by private enterprises in Malaysia as a case study. This paper examined (a) to what extent the Quranic teaching and learning have been innovatively developed and (b) to what extent developers of new innovation in Quranic teaching and learning deem it necessary to protect their creations under intellectual property rights protection. This study utilized qualitative research, by way of document analysis gathered from reports, brochures, journal articles, newspapers, the Internet, websites and mass media focusing on the creativity and innovation in informal religious education. It also conducted semi-structured interviews with several companies that used new innovative methods in teaching the Quran. The findings revealed that although intellectual property protection is seen as a valuable business asset which provides legal recognition and acts as quality control, intellectual property protection plays a minimal role in encouraging innovation or the spread of Quranic teaching.
... The United States (US) approach could be considered, since its copyright regime has been more favorable to TDM practices. Also, the US have the fair use doctrine, which not require to identify a specific exception against an infringement, instead the consideration of a specific number of factors in order to determinate a fair use of the copyright work is required [15,16,57,59,61]. The fair use requires to considerer whether the use made of a work' adds value to the original, among other things [53]. ...
Article
Full-text available
The increase of visibility and transfer of scholar knowledge through digital environments have been followed by the author's rights abuses such as plagiarism and fraud. For this reason, copyright is increasingly a topic of major importance since it provides authors with a set of rights to enable them to utilize their work and to be recognized as the creators. The new research methods linked to technological advances (such as data mining) and the emergence of systems such as Open Access (OA) are currently under debate. These issues have generated legislative changes at the level of the European Union (EU) and its Member States. For this reason, it is relevant that the researchers know how to protect their work and the proper use of another's work. Consequently, this research aims to identify the limitations of copyright in the EU and as a specific case in Spain, within the framework of scientific research. For this, the changes in the European and Spanish copyright regulations are analyzed. The results confirm new exceptions and limitations for researchers related to technological evolution, such as data mining. Additionally, the article incorporates several guidelines and implications for the scientific community.
... 553. 4 The legal protection of TPMs represents the most controversial area of copyright protection. See Hilty (2005), pp. 103-138. ...
Article
Full-text available
This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives.
... Kaj je torej dodana vrednost, za katero IX. POSVET plačujemo uporabniki znanstvene periodike, se sprašujeta Hilty (2006) in Ramello (2010). Hilty (2006: 123) dodaja, da je »na prvi pogled /…/ situacija resnično groteskna«. ...
... Como isso seria atingido, todavia, é secundário. Alguém poderia imaginar, por exemplo, uma melhor lei contratual, 118 relativamente não explorada e requer uma análise cuidadosa. 119 Considerando a perspectiva dos direitos fundamentais, a DUDH, tampouco o PIDESC, determinam a maneira como a proteção aos interesses materiais e morais poderiam ser atingidos. ...
... Como isso seria atingido, todavia, é secundário. Alguém poderia imaginar, por exemplo, uma melhor lei contratual, 118 relativamente não explorada e requer uma análise cuidadosa. 119 Considerando a perspectiva dos direitos fundamentais, a DUDH, tampouco o PIDESC, determinam a maneira como a proteção aos interesses materiais e morais poderiam ser atingidos. ...
... 81 C. Geiger (forthcoming 2016); S. Dusollier (2015), 101. 82 Indeed, as rightly noted by R.M. Hilty, "an enhancement of copyright protection scarcely helps the creators of the works, but rather burdens the consumers", since "the borderline of conflicting interests runs not so much between creators and consumers as greatly emphasized by the traditional perception of copyright, […] [but] arises from the fact that the exploiting copyright industry wants to optimise its profits by all the possible means they can deploy" (R.M. Hilty (2005b), 132-133). ...
Chapter
Full-text available
In order to enable future creativity, some uses are traditionally kept outside the control of the right owner through limitations to the exclusive right. Uses covered by a limitation can lead to an obligation to pay a fair remuneration to the creator. In these cases, these “limitation-based remuneration rights” are often called “statutory licenses”. As these remunerations can provide significant revenues for creators, they constitute interesting tools for legislators in order to avoid the blocking effect of exclusivity, while at the same time ensuring that the creator can participate fairly in the creative reuse of their works. However, this option has so far been given relatively little consideration in the context of derivative works. This chapter is intended to fill that gap, exploring whether statutory licenses can offer a satisfying mechanism to enable and incentivize creative uses of copyrighted works.
... Indeed, not only is the supply of the principal ingredient to journals, namely academic articles, provided for by the scientific community, but typically so is the task of filtering (i.e. refereeing) the articles for quality, editorship tasks, and even (for some cases) the typesetting task (see Hilty 2006). ...
Article
Full-text available
In a recent paper, Prof. Steven Shavell (see Shavell, 2009) has argued strongly in favor of eliminating copyright from academic works. Based upon solid economic arguments, Shavell analyses the pros and cons of removal of copyright and in its place to have a pure open access system, in which authors (or more likely their employers) would provide the funds that keep journals in business. In this paper we explore some of the arguments in Shavell’s paper, above all the way in which the distribution of the sources of journal revenue would be altered, and the feasible effects upon the quality of journal content. We propose a slight modification to a pure open access system which may provide for the best of both the copyright and open access worlds.
... Dieser Trend zu »e-only« hält an, 6 wobei die daraus resultierenden »Single-Source«-Situationen dadurch weiter verschärft werden, dass eine Substitutionsmöglichkeit in der Regel nicht gegeben ist: Der Wissenschaftler kann nicht einfach auf Studie B als Alternative zu Studie A zurückgreifen, wenn einzig jene die für seine eigenen Ansätze entscheidenden Erkenntnisse enthält.7 Die Preiselastizität ist vor diesem Hintergrund sehr gering.8 Die für den Unterhaltungsbereich nachvollziehbare »Pay-Per-View-Mentalität« greift folglich zu kurz -sie droht zur eigentlichen »Achillesferse« des Systems zu werden.9 Gewiss sind kommerzielle Interessen der Wissenschaftsverlage grundsätzlich berechtigt, doch erweist sich das Vertrauen in den Markt als trügerisch, wenn wohl zwischen einzelnen Wissenschaftsverlagen Wettbewerb besteht, nicht aber auf der Nachfrage seite, weil die Zugangsproblematik zu einer einzig vorhandenen, unersetzlichen Quelle für den Forscher letztlich zur Existenzfrage wird.10 ...
Article
The latest changes in Germany's copyright law which are relevant to the scientific community are open to critical analysis. The dependency of scientists on access to information they need is a unique feature of the »scientific copyright« which at present is increasingly being strengthened within the context of digital marketing. Subsequently there are considerable doubts as to whether the attempts to balance the interests of all parties involved solely through limitations on copyright can be successful. This is all the more true since limitations specifically aimed at scientific works are based on the intent to give priority to publishing houses; but, in actual truth, the scientific market lacks the competitive environment which would be required. Hence, it is worth going beyond an analysis of the practicality of the new or revised limitations and considering further solutions. These would deal, on the one hand, with copyright contract law, but also, on the other hand, with the legal regulation of competition.
Chapter
Full-text available
This paper is an updated version of the chapter entitled “Reconceptualizing the Constitutional Dimension of Intellectual Property” which appeared in the previous edition (3rd) of the volume edited by Paul Torremans entitled “Intellectual Property and Human Rights”. It draws on previous research published by the author on the ongoing “constitutionalization” of intellectual property rights through the increasing use by legislators and courts of human rights to shape the contours of the exclusive rights. The paper incorporates the most recent judicial developments at EU level which confirmed the full validity and legitimacy of the use of fundamental rights to interpret and adapt IP laws. Drawing on these developments, it advances several proposals in order to construct a satisfying and balanced clause for IP at constitutional level, demonstrating thus a closer connection to the interests of society. First, the chapter proposes to link IP with the universally recognized right to culture and science, thereby mirroring a solution adopted at international and national levels in several countries. Second, it explores the protection that could be offered by the constitutional right to freedom of expression and information. Finally, the inclusion of IP within the protection of property at the constitutional level is analyzed. It is demonstrated that the link with the property provision often guarantees that the social function of this right is extended to intellectual property. When combined with the proportionality principle that mandates a fair balance between competing fundamental rights, intellectual property is far from absolute and can on the contrary be limited by the interest of the society at large.
Article
We analyze the effect of open access (OA) status of journal articles on citations. Using cross-sectional and panel data from mathematics and economics, we perform negative binomial, Poisson, and generalized method of moments/instrumental variable methods regressions. We benefit from a natural experiment via hybrid OA pilot agreements. Citations to pre-prints allow us to identify the intrinsic quality of articles prior to journal publication. Overall, our analysis suggests that there is no hybrid OA citation benefit. However, for the subpopulation of articles without OA pre- or post-prints, we find positive hybrid OA effects for the full sample and each discipline separately. (JEL L17, O33, A11)
Chapter
The 2001 Directive on Certain Aspects of Copyright and Related Rights in the Information Society has often been criticized as being too rigid, and also for affording too powerful rights to exploiters, rather than emphasising the relationship between author’s rights and the public interest. Recent CJEU jurisprudence has, very arguably, introduced more flexibility and shifted the focus, perhaps in a subtle anticipation of a digital single market. This contribution explores that jurisprudence and its potential impact, with an emphasis on uses of works by institutions such libraries. More generally, the role of limitations and exceptions to copyright in the broader framework of a novel (yet of course evolving) construction of key concepts is examined—in particular the notion of a new public and the advent of a digital exhaustion doctrine.
Chapter
This section provides a comprehensive analysis comparing both systems from a social welfare point of view and hence asking whether academic publishing should be organized by means of a universal closed or open access mode. The first subsection is an extensive view on both regimes and their impact in the light of the publishing game and hence the prevailing “publish or perish”—environment in scientific research. The impact on researcher’s private incentives to write high quality papers will be investigated as well as the social welfare effects when shifting towards an universal OA regime. Several robustness checks and a model extension to think outside the box of the model’s inherent contest character provide a broad picture on the superiority of either regime. The second subsection picks up on the distributive effects from shifting towards an “author pays” principle when introducing OA as the dominant publishing mode, briefly highlighting some possible distortions that may result in an obviously heterogeneous world. In this regard, especially the consequences for developing countries will be addressed, providing the analytical framework for investigating the international political economy of access to scientific knowledge in Sect. 4.2 of this chapter.
Chapter
Despite some countervailing effects of a shift from the CA to the OA model—which have to be taken into account closely in the process of reconceptualizing the predominant business model in academic publishing—there is one important conclusion from our analysis and the overall research on this intriguing topic: Open access should be the future of academic publishing (Finch 2012).
Chapter
In conclusion, there are several arguments to believe that the future of academic publishing should be open access. While Shavell (2010) finds that OA may strictly increase researcher’s incentives due to higher readership, our analysis also points to some countervailing effects of OA, especially when reconsidering Shavell’s assumption that most universities will cover the publication costs under an “author pays” model. We show that primarily due to rent seeking motives in the publishing game the incentives to exceed higher efforts may decrease. Nevertheless, we have stressed that this may just correct another distortion that the “publish or perish” environment in academia has enforced: namely the fact that “too many” papers are produced that are hardly ever read. Meho (2007) finds evidence for the fact that 90 % of all published papers are never cited and as many as 50 % of all papers are never read by anybody but the reviewer and the authors themselves. Moreover, we have pointed to the possible benefits but also the costs of OA publishing at the international level, especially when considering the position of developing countries.
Chapter
Copyright—lat. copia, plenty or to make plenty—generally provides its rightholder with “an exclusive right to copy, reproduce, distribute, adapt, perform or display” (Scotchmer and Maurer 2006, p. 76) her works of creative expression.
Chapter
In this section we elaborate on the general structure of the academic publishing market. In fact, it is important to understand how the academic publishing market and especially the journal publishing market has evolved over time. First, we will generally look at the principles of academic publishing, creating a basic understanding on the different models for scholarly publication and the players involved. Second, we will elaborate on the specific market characteristics. Facts and figures on the publishing model provide with a comprehensive overview on the immanent structure and changes of market characteristics in historical reflection. The implications drawn from this industry analysis lay the foundations when later reflecting on the effects of certain legislative or policy changes.
Chapter
The present chapter tests the benchmarks against the current copyright acquis. The objective is not to perform an exhaustive analysis of the acquis through the application of the benchmarks; rather, this chapter aims at field-testing the benchmarks.
Chapter
Education, research, cooperation, and social participation all play a role in innovation as a catalyst for economic and social progress. Universities are among the chief stakeholders in this process. Nonetheless privatization of scientific outputs weakens the benefits of science to society and undermines the norms of science, which are based on accessing and sharing knowledge. Indeed, there is growing disorder in setting university missions whereby IP is evaluated as a value in of itself. Yet, scientific results are a collective achievement, built on vast quantities of publicly funded research and university knowledge transfer occurs mostly through open conferences, databases, and publications. This chapter focuses on scholarly publishing as a segment of knowledge transfer. It will examine open access as a tool that, according to a holistic approach, contributes to establishing a balance among all basic rights at stake, including academic freedom. The idea of a pluralistic system of knowledge transfer where “open” and “proprietary” models are not mutually exclusive will be defended. Moreover, an incentive-oriented copyright change, tailored to the specific needs of research, might be built on the TRIPS flexibility. While TRIPS prohibits discrimination, it does not prevent States from treating different situations differently. Accordingly, we might imagine a paradigm shift in the protection of academic works. Indeed, while moral right is a cornerstone, commercial exploitation of publications is not the aim of academic authors. Therefore, applying a “functional” perspective to IP the work should be protectable as long as its market needs to be preserved.
Article
Understanding the impacts of copyright is a challenge for the sharing and reuse of our research data. There is growing recognition of the problem, but the legal knowledge required to navigate through the minefield of restrictions and risks is often too difficult to uncover and understand. As of yet there are no appropriate tools to aid researchers, librarians and research policy makers. To address this gap we present Camden, an automated copyright reasoning tool designed to integrate into existing research workflows. At its core, Camden uses dynamically generated defeasible rules to reason over the legality of a situation of using, combining and publishing data, while additionally suggesting potential licenses by which to safely share derived research outputs. This functionality has been wrapped up into an embedded software library and offered as a web application. In this paper we introduce Camden, describe its model of computational reasoning and discuss how it can be included into existing and future eResearch tools and services.
Article
The right to academic freedom protected both under international treaties and national constitutions is at the very heart of social, cultural, and economic development. As far as scientific research and teaching are concerned, copyright has to be considered within the context of a proper balancing of rights. This issue will be addressed taking into account the traditional publication model in light of the peculiarities of scientific research, including the mechanisms of evaluating research and the relevant stakeholders's interests that differ from those characterizing other sectors of content production. We will analyze whether the current practice in academic content dissemination and legal framework are compliant with academic freedom principles, considering the role of copyright in science. Since effective protection of academic freedom also depends on the possibility of access to knowledge, we will examine whether and how the open access model can achieve a proper balance between the rights at stake, looking at legal instruments recently issued by Italian, German, and US legislatures. Proposal for copyright provisions tailored to specific needs of the scientific field will be considered as well.
Book
This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.
Article
Full-text available
With the spread of the internet and new opportunities for publishing academic works digitally at virtually no costs, the traditional copyright model has recently been put under critical review which is for at least two reasons: First and foremost, a vast increase in subscription prices for academic journals has forced (university) libraries to significantly cut their journal portfolios. Second, copyright seems negligible in academia as researchers are motivated by reputation gains and CV effects rather than direct financial returns from publishing their works. As a consequence, the promotion of Open Access (OA) to scientific research is claimed as the perceived future of academic publishing in the information age. This paper critically reviews the OA debate by discussing theoretical and empirical arguments on the role of copyright in publishing scientific outcomes. A brief historical perspective introduces to the changed environmental conditions for scholarly publishing, pointing to a new trade-off in the digital age. By framing the debate in a broader literature stream and related issues, we provide with caveat for further research and a glimpse of possible future scenarios. It is shown that copyright may be both a blessing and a curse in establishing an effective framework for scientific progress.
Article
Full-text available
Ideas and information are at the heart of the knowledge economy and are increasingly sought after. Information also lies at the centre of intellectual property, even if it has been traditionally left outside the field of exclusivity. In addition to a recent evolution, some basic principles have progressively fallen from view and the subject has experienced a deep mutation. Copyright, originally designed to protect the author and to provide incentives for him to create for the benefit of society, is nowadays more and more used as a mechanism to protect investment, without taking into account the impact on future creativity. This change of paradigm has had a certain influence over the free use of information, which has been called into question in many regards. This contribution seeks first to briefly trace back this evolution, acknowledging the tendency towards a privatisation of information through copyright (understood here in an extended sense, including neighbouring and sui generis rights) and tries to propose remedies.
Article
Full-text available
The aim of this paper is to explore the contribution of formal law to Open Access (OA). The main thesis is that formal law may be considered as an outstanding instrument to affirm the OA principle. However, the ultimate success of OA depends on a radical change of the informal rules that apply to scientific publishing practices. Such a variation must take into account the dynamics of power that govern academic-scientific publications, in which the interests of both scientists and publishers intersect. Moreover, a pivotal role is played by new upcoming actors that populate the system of scientific communication (repositories, search engines, scientific social networks etc.). Special attention is given to the normative change and the interaction that occurs among different types of rules (formal legal rules, informal rules and technology rules). This article focuses primarily on OA to publications and it does not discuss in details other related topics such as open research data. In the first paragraph, I briefly introduce the subject, explaining the methodology and the general framework of the paper. The second paragraph focuses on the presumption that scientific oligopoly depends on the perverse interaction between copyright and evaluation rules. In the third paragraph, I describe the legal kernel, as well as the scope, of OA. The fourth paragraph illustrates the main applicable policies and the fifth concentrates on the European Union policy on OA. Lastly, the sixth paragraph focuses on some development avenues for a normative policy that may contribute to a definitive affirmation of OA in Italian universities.
Data
Full-text available
The aim of this paper is to explore the contribution of formal law to Open Access (OA). The main thesis is that formal law may be considered as an outstanding instrument to affirm the OA principle. However, the ultimate success of OA depends on a radical change of the informal rules that apply to scientific publishing practices. Such a variation must take into account the dynamics of power that govern academic-scientific publications, in which the interests of both scientists and publishers intersect. Moreover, a pivotal role is played by new upcoming actors that populate the system of scientific communication (repositories, search engines, scientific social networks etc.). Special attention is given to the normative change and the interaction that occurs among different types of rules (formal legal rules, informal rules and technology rules). This article focuses primarily on OA to publications and it does not discuss in details other related topics such as open research data. In the first paragraph, I briefly introduce the subject, explaining the methodology and the general framework of the paper. The second paragraph focuses on the presumption that scientific oligopoly depends on the perverse interaction between copyright and evaluation rules. In the third paragraph, I describe the legal kernel, as well as the scope, of OA. The fourth paragraph illustrates the main applicable policies and the fifth concentrates on the European Union policy on OA. Lastly, the sixth paragraph focuses on some development avenues for a normative policy that may contribute to a definitive affirmation of OA in Italian universities.
Article
The correlation between the motives and the results behind TRIPS-plus FTAs appears flawed. FTAs currently entail a shift of a fair balance of interests (if it ever existed) towards developed countries and there is need for action on the level of international law. Remedies must therefore be developed that correspond to the true significance of IP provisions in FTAs and that defend a fair balance of interests. With a view to providing a starting point for a better understanding of the political, economic and social linkages and parameters underpinning FTA provisions and, on that basis, for a development of remedies, this article undertakes to examine two main issues: First, the relationship under international law of TRIPS-plus FTAs to the pre-existing TRIPS regime and the relationship among the provisions of the various FTAs in order to assess the combined legal effect of the applicable rules of international law and of the TRIPS-plus obligations laid down in FTAs. Second, taking into account that background of legal effects, the motives or incentives for states at various levels of development to enter into negotiations over TRIPS-plus standards and to conclude respective FTAs are questioned. By way of conclusion, some initial thoughts on suitable ways to remedy the alleged asymmetries between short-term negotiation trade-offs and negative long-term macroeconomic effects of FTAs are sketched out.
Article
One of the first (conceptual) frameworks developed for understanding the relation of science and technology to the economy has been the linear model of innovation. The model postulated that innovation starts with basic research, is followed by applied research and development, and ends with production and diffusion. The precise source of the model remains nebulous, having never been documented. Several authors who have used, improved, or criticized the model in the past fifty years rarely acknowledged or cited any original source. The model usually was taken for granted. According to others, however, it comes directly from V. Bush’s Science: The Endless Frontier ([1945] 1995). This article traces the history of the linear model, suggesting that it developed in three steps corresponding to three scientific communities looking at science analytically. The article argues that statistics is a main reason the model is still alive despite criticisms, alternatives, and having been proclaimed dead.
Article
The relationship of copyright to new technologies that exploit copyrighted works is often perceived to pit copyright against progress. Historically, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement. However, when owners seek instead to participate in and be paid for the new modes of exploitation, the courts, and Congress, appear more favorable to copyright control over that new market. Today, the courts and Congress regard the unlicensed distribution of works over the Internet as impairing copyright owners' ability to avail themselves of new markets for digital communication of works; they accord control over those markets to copyright owners in order to promote wide dissemination. Copyright control by authors, particularly those excluded by traditional intermediary-controlled distribution systems, may offer the public an increased quantity and variety of works of authorship.
Article
Scientists who study encryption or computer security or otherwise reverse engineer technical measures, who make tools enabling them to do this work, and who report the results of their research face new risks of legal liability because of recently adopted rules prohibiting the circumvention of technical measures and manufacture or distribution of circumvention tools. Because all data in digital form can be technically protected, the impact of these rules goes far beyond encryption and computer security research. The scientific community must recognize the harms these rules pose and provide guidance about how to improve the anticircumvention rules.
Article
The paper explains why open source software is an instance of a potentially broader phenomenon. Specifically, I suggest that nonproprietary peer-production of information and cultural materials will likely be a ubiquitous phenomenon in a pervasively networked society. I describe a number of such enterprises, at various stages of the information production value chain. These enterprises suggest that incentives to engage in nonproprietary peer production are trivial as long as enough contributors can be organized to contribute. This implies that the limit on the reach of peer production efforts is the modularity, granularity, and cost of integration of a good produced, not its total cost. I also suggest reasons to think that peer-production can have systematic advantages over both property-based markets and corporate managerial hierarchies as a method of organizing information and cultural production in a networked environment, because it is a better mechanism for clearing information about human capital available to work on existing information inputs to produce new outputs, and because it permits largers sets of agents to use larger sets of resources where there are increasing returns to the scale of both the set of agents and the set of resources available for work on projects. As capital costs and communications costs decrease in importance as factors of information production, the relative advantage of peer production in clearing human capital becomes more salient.