Intellectual Property, Traditional Resources Rights, and Natural Law: A Clash of Cultures

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke\u27s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context

Intellectual Property, Traditional Resources Rights, and Natural Law: A Clash of Cultures

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke\u27s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context

The State and Society: Intervention in the Creation of Scientific Information in Developing Countries

Development is related to knowledge. Knowledge is derived from information. The availability of information then could significantly increase the effectiveness of the state in all areas and information may therefore be considered vital to the development efforts of any country. Because of both economic and political considerations, the state has a major role to play in the creation of scientific information, especially in African countries. This article examines the role of the state in the creation of scientific information. The political and economic arguments for state intervention in research activity are explored within an African context. Two main instruments that the state uses to effect this intervention, regulation and resource allocation, are examined. Intervention addresses these major areas: creating the infrastructure required for research activity, determining who conducts research and under what conditions, determining what research is to be done, and determining the questions of retention and release of the information created. Some of the effects of this intervention are also discussed, and, finally, the effectiveness of this intervention is examined. It is concluded that the African state suffers from three major drawbacks when it comes to effectiveness in intervention: resources, expertise, and authority. In Africa, the role of the state in the stimulation of the creation of scientific information deserves more attention than it has received to date

Officially Mandated Disappearing Information: The Legal Depublication Phenomenon

The author discusses the practice of depublication of judicial court opinions that have been certified for publication and examines the effect on the public record, specifically its law-erasing effect. Conclusion is reached that depublication is harmful not only to legal practitioners but also detracts from the public\u27s access to legal information. Efficiency benefits are outweighed by the disadvantages to the entire judicial system. Recommendations are made that the practice be eliminated or severely curtailed and that depublished opinions be made easily available

Effectiveness of the Agricultural Research System in Kenya

This paper discusses the organizational mechanisms affecting policy-making in the creation of agricultural scientific information in Kenya. Specifically, an attempt is made to determine how well the general policy framework fits the particular case of agriculture. It is concluded that the state suffers from organizational inefficiency in both the policy-formulation mechanisms and the policy-implementing institutions in the agricultural research system

Digital Content Convergence: Intellectual Property Rights and the Problems of Preservation: A US Perspective

One of the issues that this conference explores is the continuing phenomenon of convergence of communication, caused in part by the convergence of media and digital content. In this paper, we will review some of the intellectual property challenges that loom in this environment, with an emphasis on the situation in the Unites States. We shall discuss some of the peculiar features inherent in digital content that exacerbate the intellectual property problem, such as non-permanence, multiple, heterogeneous. We shall examine a couple of cases that illustrate some of the problems in this area. We shall then conclude with the problem of intellectual property and the multiple goals of digital content collections

The Public Library as a Public Forum: The (DE)evolution of a Legal Doctrine

When dealing with First Amendment free speech issues in the context of public libraries, courts have merely cited the supposition that constitutional public forum analysis leads to the conclusion that the public library is a limited public forum for the purposes of First Amendment analysis. By focusing narrowly on the issue of whether Internet access in libraries constitutes a public forum, and determining that it does not, the U.S. Supreme Court not only misses an opportunity to refine the concept of the public forum in modern-day terms but also somehow implies that public library activities are different from other speech activities and are subject to the managerial authority of the government. This article makes the argument that a redefinition of the public forum doctrine would bring tinder its ambit the public library, to join the traditional public forums such as streets, sidewalks, and parks-a departure from the current designation of the public library as a limited public forum. This article also examines the extent to which the Internet represents an expansion of the forum, whether public or limited. The argument is structured within the framework of the decision in the case of United States v. American Library Association

Negative Comments Online: SLAPPing the First Amendment in the USA

Corporations that encounter what they consider harmful criticism posted on the internet have resorted to lawsuits against the posters, or where the posters are anonymous, have tried to obtain subpoenas to learn the identities of the posters. State legislatures and courts have taken a dim view of the tactic, terming it as designed to strangle public participation and in violation of the First Amendment protection of speech in the United States Constitution. Many states have passed statutes to combat the so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP) and there is a move to introduce federal legislation in this area. This paper examines the development of SLAPPs and their relation to First Amendment jurisprudence, from a non-corporate viewpoint. It also discusses corporate attempts to pierce the anonymity veil on the internet and the corresponding legal responses

Digital Rights Challenges in a World of Technological Convergence

The convergence of communication, caused in part by the convergence of media and digital content, is a continuing phenomenon. Many intellectual property challenges loom in this environment. This paper focuses on the situation in the Unites States. The peculiar features inherent in digital content that exacerbate the intellectual property problem, such as non-permanent, multiple, and heterogeneous media are discussed. A few US cases that illustrate some of the problems in this area are also examined. The paper concludes by looking at the multiple goals of digital content collections and the problem of intellectual property

The Digital Librarian\u27s Legal Handbook

Keep your library - and yourself - out of court with the \u27must know\u27 answers to critical questions about intellectual property rights for digital collections. Here are authoritative answers to the critical legal questions that make digital collection development and management so challenging and complex for librarians, educators, technology leaders, information science educators and anyone involved with digitized content. This new work examines the intersection of digital library technology, and digital content, and the law. John N. Gathegi, Director of the School of Library and Information Science at the University of South Florida is uniquely qualified to address these questions from his decades of work as an attorney, author, speaker, and as a faculty member. From an opening discussion of general intellectual property issues to the application of copyright law to digital collections, the handbook covers all the key topics in the field of intellectual property including several new issues, such as the problems of non-permanence, the complexity of multimedia content, issues surrounding open and closed access, evaluating data providers, proprietary search engines, derivative works, annotations and metadata, privacy, and more. Practitioners will also appreciate the book\u27s practical checklists, sample contracts, compliance tools, and sample policies. Anyone looking for a definitive guide to intellectual property applied to the world of digital content will keep and use this book as an ongoing source of insight and critical information