Constructing commons in the cultural environment

This Article sets out a framework for investigating sharing and resource-pooling arrangements for information- and knowledge-based works. We argue that adapting the approach pioneered by Elinor Ostrom and her collaborators to commons arrangements in the natural environment provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another

An Economic Theory of Infrastructure and Commons Management

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value of common infrastructure, and strongly suggests that the benefits of open access (costs of restricted access) are significantly greater than reflected in current debates. Frischmann\u27s infrastructure theory ultimately ties together different strands of legal and economic thought pertaining to natural resources such as lakes, traditional infrastructure such as road systems, what antitrust theorists describe as essential facilities, basic scientific research, and the Internet. His theory has significant potential to reframe a number of important debates within intellectual property, cyberlaw, telecommunications, and many other areas. Note: Professor Lawrence Lessig will publish a Reply titled Re-Marking the Progress in Frischmann in the same edition of the Minnesota Law Review

Open secrets

The law of trade secrets is often conceptualized in bilateral terms, as creating and enforcing rights between trade secret owners, on the one hand, and misappropriators on the other hand. This paper, a chapter in a forthcoming collection on the law of trade secrets, argues that trade secrets and the law that guards them can serve structural and institutional roles as well. Somewhat surprisingly, given the law’s focus on secrecy, among the institutional products of trade secrets law are commons, or managed openness: environments designed to facilitate the structured sharing of information. The paper illustrates with examples drawn from existing literature on cuisine, magic, and Internet search.

The new architecture of the internet: the LSE Tech approach in relation to recent work of Martin Fransman, Brett Frischmann, & Christopher Yoo

The LSE Tech approach in relation to recent work of Martin Fransman, Brett Frischmann, and Christopher Yoo – by Silvia Elaluf-Calderwood and Jonathan Liebena

Property and the Construction of the Information Economy: A Neo-Polanyian Ontology

This chapter considers the changing roles and forms of information property within the political economy of informational capitalism. I begin with an overview of the principal methods used in law and in media and communications studies, respectively, to study information property, considering both what each disciplinary cluster traditionally has emphasized and newer, hybrid directions. Next, I develop a three-part framework for analyzing information property as a set of emergent institutional formations that both work to produce and are themselves produced by other evolving political-economic arrangements. The framework considers patterns of change in existing legal institutions for intellectual property, the ongoing dematerialization and datafication of both traditional and new inputs to economic production, and the emerging logics of economic organization within which information resources (and property rights) are mobilized. Finally, I consider the implications of that framing for two very different contemporary information property projects, one relating to data flows within platform-based business models and the other to information commons

Reply: The complexity of commons

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses

Fair use markets: on weighing potential license fees

Justice Breyer began his classic article, The Uneasy Case for Copyright, with a line from Lord Macaulay, that copyright is \u27a tax on readers for the purpose of giving a bounty to writers.\u27 Our society and its law values both writers and readers; the law cannot favor one side too much without losing some of the benefits the other side could have contributed. Make reading expensive and it will decrease, and readers might substitute less socially productive behaviors to take its place

Network Rules

Crawford compares the debate between the telcos and the online companies over broadband access regimes often called the network neutrality debate to the ongoing tussle between intellectual property maximalists and free culture advocates which are strikingly parallel sets of arguments. The maximalists claim that creativity comes from lone genuises (the romantic author) who must be given legal incentives to works but intellectual property scholars have carefully examined the incentives of their arguments and have pointed out that granting overly strong property rights to copyright holders might not be socially appropriate. Moreover, the network providers claim that they (the romantic builders) must be allowed by law to price-discriminate vis-a-vis content sources in order to be encouraged to build the network