The Commodification of Information

by Elkin-Koren, Niva

• ISBN13: 9789041198761
• ISBN10: 9041198768
• Format: Hardcover
• Copyright: 2002-11-01
• Publisher: Kluwer Law Intl

Summary

Information And The marketplace are uneasy bedfellows. it is particularly among groups that need to share information--the academic and scientific communities, For example--that viewing it as something that can be bought and sold is intrusive and even damaging. A conference of specialists--with expertise encompassing the area of law and practice where intellectual property, communications, privacy, free speech, collaborative research, and international trade all intersect--met under the auspices of the University of Haifa Faculty of Law in May 1999. This book presents the penetrating analyses and recommendations that emerged from that conference. A broad spectrum of views is expressed, from commercialism as the liberator of free speech to commodification as de facto censorship. Among the vital topics discussed, The interested reader will find the following: how market-driven doctrine and rhetoric jeopardize the cultural commons; market control as copyright's new paradigm; the free software movement; how the ECHR may impose limits on EU copyright law, especially property rights in databases; the conflict between availability of domestic media and international free trade; tracking and manipulation of personal Internet use; patenting DNA sequences and DNA molecules; how 'commercial' speech trumps 'free' speech; and the Digital Millennium Copyright Act (DMCA) and its redefinition of such traditional IP concepts as 'fair use' and 'market failure'. INFORMATION LAW SERIES 11

Table of Contents

Introduction: The Commodification of Information	vii
Neil W. Netanel
Niva Elkin-Koren
I. Foundations	1	(60)
Incomplete Commodification in the Computerized World	3	(20)
Margaret Jane Radin
Electronic Commerce and Free Speech	23	(20)
Jessica Litman
Two Cheers for the Commodification of Information	43	(18)
Eli Noam
II. Copyright and Commodification: Broad Trends	61	(86)
Copyright, Commodification, and Censorship: Past as Prologue -- But to What Future?	63	(16)
Pamela Samuelson
It's All About Control: Rethinking Copyright in the New Information Landscape	79	(28)
Niva Elkin-Koren
Anarchism Triumphant: Free Software and the Death of Copyright	107	(26)
Eben Moglen
Intellectual Property and the Internet: The Share of Sharing	133	(14)
Ejan Mackaay
III. Copyright and Commodification: Doctrine and Doctrinal Developments	147	(118)
Excuse and Justification in the Law of Fair Use: Commodification and Market Perspectives	149	(44)
Wendy J. Gordon
How Much Solicitude for Fair Use is There in the Anti-Circumvention Provision of the Digital Millennium Copyright Act?	193	(30)
David Nimmer
Copyright Developments in Europe: The Good, the Bad and the Harmonized	223	(16)
David Vaver
Copyright and Freedom of Expression in Europe	239	(26)
P. Bernt Hugenholtz
IV. Media and Telecommunications	265	(76)
International Trade in Media Products	267	(24)
C. Edwin Baker
A Speakers' Corner Under the Sun	291	(26)
Yochai Benkler
The Commercial Mass Media's Continuing Fourth Estate Role	317	(24)
Neil W. Netanel
V. Information Aggregation	341	(54)
Hardware-Based ID, Rights Management, and Trusted Systems	343	(22)
Jonathan Weinberg
Databases -- In Search of the Free Flow of Information	365	(30)
Anselm Kamperman Sanders
VI. Collaborative Production and Scientific Research	395	(64)
Commodifying Collaborative Research	397	(18)
Rochelle Cooper Dreyfuss
Patents on DNA Sequences: Molecules and Information	415	(18)
Rebecca S. Eisenberg
New Research Norms for a New Medium	433	(26)
Helen Nissenbaum
VII. Market Practices	459	(34)
Network Effects, Standardization, and the Internet: What have We Learned From the DVD v. DIVX Battle?	461	(18)
David Dranove
Neil Gandal
Vaporware, The Internet, and Consumer Behavior	479	(14)
David McGowan
About the Contributors	493	(8)
Index	501