The Intellectual Commons: Toward an Ecology of Intellectual PropertyThe rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe "information should be free" and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a "natural world" of intellectual resources. Chett Mitchell develops a moral framework that makes cooperation among the groups involved rather than conflict central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, Intellectual Commons presents a way to bring IP theory and practice together. This book is an important addition to the intellectual property debate and a must for law students, communication theorists, and any person interested in the future of digital media rights. |
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Contents
Introduction | 1 |
Authors and Commons Two Visions of Intellectual Property Rights | 13 |
An Overview Of Intellectual Property | 25 |
Two Moments in the History of Copyright | 33 |
The Natural History of Intellectual Property | 45 |
Commons The Third Form Of Property | 67 |
The Intellectual Commons | 87 |
The Commons in History | 109 |
Ethical Issues of Patent Law Equity and the Intellectual Commons | 153 |
Conclusions and Critique | 173 |
Economics Some Definitions | 187 |
Property Ownership and Rights A Framework | 193 |
The Statute of Anne | 201 |
207 | |
217 | |
About The Author | |
Other editions - View all
The Intellectual Commons: Toward an Ecology of Intellectual Property Henry C. Mitchell Limited preview - 2005 |
Common terms and phrases
anticommons appropriation argue argument authorship basic booksellers claim common heritage compulsory licensing concept consequentialist copy copyright law costs court create creation creative Digital distinction DJBP economic ethics existence fact Foucault Free Software Free Software Movement genes genome granted Grotius History of Copyright human ideas individual intellectual commons intellectual property intellectual property rights invention inventors IP law IP protection IP regimes IP rights IP system IP theory Jane Ginsburg Jessica Litman justified kind labor land limitation of term Lockean Lockean proviso market failure metaphors Michel Foucault moral natural law natural rights Nozick obligation original patent law person political possible printing private property Public Domain publishers Pufendorf rent-seeking requires rights of authors seems sense share simply social utility someone Stationer's Statute of Anne theory of property things thors tion Trademark trusted systems unowned Winstanley