Wikileaks revisited: Is Julian Assange a straw man?

Two interesting recent publications on Wikileaks by US law professors. Alasdair Roberts says that the contribution of the Wikileaks phenomenon to transparency has been hugely over-exaggerated, and Yochai Benkler who says more or less the opposite

Some Peer-to-Peer, Democratically and Voluntarily Produced Thoughts About \u27The Wealth of Networks: How Social Production Transforms Markets and Freedom,\u27 by Yochai Benkler

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn\u27t enough to concede that the Internet won\u27t benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the Internet is easy enough to be optimistic enough as a technological achievement, but just as nuclear fission can be harnessed both for electrical power generation and annihilating destruction, the raw communicative capabilities can\u27t be qualitatively assessed without reference to specific content. Pornography and its symbiotic relationship to the Internet require thoughtful scrutiny. Astroturf and other targeted attempts to instrumentally distort democratic discourse need to be analyzed and possibly also rechanneled or contained. The impact of moving resources online upon people who substantially live in an offline, analog world, needs to be contemplated more fully

Intellectual Property’s Leviathan

Neoliberalism is a complex, multifaceted concept. As such, it offers many possible points of entry into my primary field of study, that of intellectual property (IP) law. We might begin by investigating tensions between IP law and a purely economic conception of neoliberalism, for example. Or we might consider whether or how IP law might be “insulated from democratic governance” while also being rapidly assembled. In these few pages, I want to focus instead on a different line of inquiry, one that reveals the powerful grip that one particular neoliberal conception has on our contemporary imaginary: the neoliberal conception of the state. Today, both those who defend robust private IP law and their most prominent critics, I will show, typically describe the state in its first instance as inertial, heavy, bureaucratic, ill-informed, and perilously corruptible and corrupt

The wealth of networks: How social production transforms markets and freedom

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Against the “networked information economy”: rethinking decentralization, community, and free software development

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Hume\u27s Penguin, or, Yochai Benkler and the Nature of Peer Production

This Article examines \u27peer production, a term coined and a concept explicated by Yochai Benkler. My own interest in peer production stems from its importance as a new form of user-generated content. User-generated content is particularly interesting if Benkler is right in his claim that the positive analysis of peer-produced content may have normative implications with respect to copyright law--in particular, the implication that copyright law may play a deleterious role in the formation and maintenance of this potentially significant new form of user-generated content. We are in need of a theory of collective action for the social world that is emerging in cyberspace. Benkler\u27s theory of peer production makes an important contribution to this project. The present Article seeks to expand on Benkler\u27s account by demonstrating that collective-action problems are not synonymous with the tragedy of the commons. In particular, one important type of solution to a collective-action problem of a sort not countenanced by Benkler is the convention or coordination norm. This Article will show that not only would a more comprehensive theory of collective action in cyberspace need to fit conventions into its account but also that even Benkler\u27s examples of peer production must take account of conventions as well