User Generated Law

User Generated Law

Re-Constructing Intellectual Property Law in a Knowledge Society

Edited by Thomas Riis

Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.

Chapter 2: Information abundance and knowledge commons

Michael J. Madison

Subjects: law - academic, intellectual property law

Extract

This chapter describes a fundamental conceptual and empirical challenge to the foundations of intellectual property (IP) law and then describes what to do in response. The standard accounts of IP law describe systems of legal exclusion intended to prompt the production and distribution of intellectual resources, or information and knowledge, by making those things artificially scarce. The argument here and below frames IP law instead as one of several possible institutional responses to the need to coordinate the use of intellectual resources given their natural abundance, and not necessarily useful or effective responses at that. The chapter therefore aims to shift the analytic framework from law to governance, and from IP law in isolation to IP law as part of commons, or resource management. Examples and illustrations are drawn from several domains of information and knowledge governance. A more elaborate introduction to the argument can be laid out as follows. The several forms of IP law – patent, copyright, design rights, and so on – are specialized institutional responses to a subset of the many social dilemmas concerning knowledge and information resources. The standard economists’ account of that subset, common to each of these legal fields, is a variant of the well-known “tragedy of the commons.

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