“You Must Construct Additional Pylons”: Building a Better Framework for Esports Governance

The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video game’s popularity. Since analogous reform is nigh impossible, nascent governance organizations have been created to support the professionalization of esports as a new entertainment form. As esports consumption continues to grow, enterprising stakeholders are presented with the unique opportunity to create regulatory bodies that will shape the esports industry. This Note analyzes how the professional sports industry and foreign esports markets have addressed governance challenges that arise from differences between traditional sports and competitive video gaming. It concludes by exploring two potential pathways for domestic esports governance. View PD

The Digital Technology Boomerang: New Intellectual Property Rights Threaten Global “Open Science”

There is a serious threat that ill-considered government support for expanding legal means of controlling access to information for the purpose of extracting private economic rents is resulting in the 'over- fencing of the public knowledge commons' in science and engineering. Such a new 'tragedy of the commons' would bring adverse long-run consequences for future welfare gains through technological progress, and re-distributional effects further disadvantaging the present economically less advanced countries of the world. Radical legal innovations in intellectual property protection that seriously jeopardize the effective conduct of open, collaborative science have been introduced by the little noticed European Database Directive of March 1996. This initiative forms an emblematic and substantively significant aspect of the broader set of transformations in intellectual property rights institutions that have been initiated in response to the economic ramifications of rapid progress in digital information technologies. The EC Directive poses numerous contentious issues in law and economics that will create ambiguities for business and non-profit activities in this area for years to come. The terms on which those issues are resolved will materially affect the costs and organizational feasibility of scientific projects that are of global reach and importance, especially those that depend heavily upon the collection, management and analysis of large volumes of observational data that cannot be regenerated. This paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC's Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. Several modest remedial proposals are advanced to mitigate the adverse impact of 'the digital technology boomerang' upon open science.intellectual property rights, copyright, sui generis protection of expressive material, economics of information-goods, open science, 'fair use,' scientific databases

Will Building ‘Good Fences’ Really Make ‘Good Neighbors’ in Science?

Problematic issues are raised by the expressed intention of the European Commission to promote greater awareness on the part of scientists in the “European Research Area” about intellectual property rights and their uses in the context of “Internet intensive research collaborations.” Promoting greater awareness and encouraging more systematic usage of IRP protections are logically distinct, but as policies for implementation – especially within the EC’s Fifth Framework Programme – the former can too readily shade into the latter. Building “good fences” does not make for “good (more productive) neighbors” in science. Balance needs to be maintained between the “open science” mode of research, and private proprietary R&D, because at the macro-system level the functions that each is well-suited to serve are complementary. Recent policy initiatives, particularly by the EC in relation to the legal protection of property rights in database, pose a serious threat to the utility of collaboratively consttructed digital information infrastructures that provide “information spaces” for voyages of scientific discovery. The case for alternative policy approaches is argued in this paper, and several specific proposals are set out for further discussion.

Open educational resources : conversations in cyberspace

172 p. : ill. ; 25 cm.Libro ElectrónicoEducation systems today face two major challenges: expanding the reach of education and improving its quality. Traditional solutions will not suffice, especially in the context of today's knowledge-intensive societies. The Open Educational Resources movement offers one solution for extending the reach of education and expanding learning opportunities. The goal of the movement is to equalize access to knowledge worldwide through openly and freely available online high-quality content. Over the course of two years, the international community came together in a series of online discussion forums to discuss the concept of Open Educational Resources and its potential. This publication makes the background papers and reports from those discussions available in print.--Publisher's description.A first forum : presenting the open educational resources (OER) movement. Open educational resources : an introductory note / Sally Johnstone -- Providing OER and related issues : an introductory note / Anne Margulies, ... [et al.] -- Using OER and related issues : in introductory note / Mohammed-Nabil Sabry, ... [et al.] -- Discussion highlights / Paul Albright -- Ongoing discussion. A research agenda for OER : discussion highlights / Kim Tucker and Peter Bateman -- A 'do-it-yourself' resource for OER : discussion highlights / Boris Vukovic -- Free and open source software (FOSS) and OER -- A second forum : discussing the OECD study of OER. Mapping procedures and users / Jan Hylén -- Why individuals and institutions share and use OER / Jan Hylén -- Discussion highlights / Alexa Joyce -- Priorities for action. Open educational resources : the way forward / Susan D'Antoni

Surveillant assemblages of governance in massively multiplayer online games:a comparative analysis

This paper explores governance in Massively Multiplayer Online Games (MMOGs), one sub-sector of the digital games industry. Informed by media governance studies, Surveillance Studies, and game studies, this paper identifies five elements which form part of the system of governance in MMOGs. These elements are: game code and rules; game policies; company community management practices; player participatory practices; and paratexts. Together these governance elements function as a surveillant assemblage, which relies to varying degrees on lateral and hierarchical forms of surveillance, and the assembly of human and nonhuman elements.Using qualitative mixed methods we examine and compare how these elements operate in three commercial MMOGs: Eve Online, World of Warcraft and Tibia. While peer and participatory surveillance elements are important, we identified two major trends in the governance of disruptive behaviours by the game companies in our case studies. Firstly, an increasing reliance on automated forms of dataveillance to control and punish game players, and secondly, increasing recourse to contract law and diminishing user privacy rights. Game players found it difficult to appeal the changing terms and conditions and they turned to creating paratexts outside of the game in an attempt to negotiate the boundaries of the surveillant assemblage. In the wider context of self-regulated governance systems these trends highlight the relevance of consumer rights, privacy, and data protection legislation to online games and the usefulness of bringing game studies and Surveillance Studies into dialogue

The Information Commons: a public policy report

This report describes the history of the information commons, presents examples of online commons that provide new ways to store and deliver information, and concludes with policy recommendations. Available in PDF and HTML versions.BRENNAN CENTER FOR JUSTICE at NYU SCHOOL OF LAW Democracy Program, Free Expression Policy Project 161 Avenue of the Americas, 12th floor New York NY 10013 Phone: (212) 998-6730 Web site: www.brennancenter.org Free Expression Policy Project: www.fepproject.or