Table of Contents

Transnational Culture in the Internet Age

Transnational Culture in the Internet Age

Elgar Law, Technology and Society series

Edited by Sean A. Pager and Adam Candeub

The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet’s astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities.

Chapter 15: Localism as a Production Imperative: An Alternative Framework for Promoting Intangible Cultural Heritage

Jon M. Garon

Subjects: innovation and technology, technology and ict, law - academic, intellectual property law, international economic law, trade law, internet and technology law, politics and public policy, public policy

Extract

Jon M. Garon* 15.1 INTRODUCTION [A]s I look over the grand drama of history . . . I am convinced that the world is not a mere bog in which men and women trample themselves in the mire and die. Something magnificent is taking place here amid the cruelties and tragedies, and the supreme challenge to intelligence is that of making the noblest and best in our curious heritage prevail. (Charles Austin Beard1) Worldwide trends of increased connectivity and content-sharing have changed the landscape for creative content throughout the world, but they pose both opportunities and threats. One of the pillars of US telecommunications policy had been the notion of localism – the legislative goal of fostering local community expression and diversity of opinion and content.2 Elsewhere different explanations for domestic policy often sought to achieve similar goals. For example, the World Intellectual Property Organization (WIPO) and the United Nations Educational, * Prepared as part of the conference Bits Without Borders: Law, Communications and Transnational Culture Flow in the Digital Age, Michigan State University College of Law, September 24–25, 2010. Special thanks to Sean Pager and Adam Candeub. Additional thanks go to many of the co-presenters at the conference, David Post, Olufunmilayo B. Arewa, Barton Beebe, Kimberly Christen, W. Wayne Fu, Daniel Gervais, Christoph B. Graber, James Grimmelmann, Mark Schultz, Michal Shur-Ofry, Joseph Straubhaar, Mary W.S. Wong, and Steve Wildman, who provided me additional insights into the development of this project. An extended version of this chapter appears in the 2011 University of...

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