Patent, copyright and trademarks (the ‘classic intellectual property triad’) balance monopoly interests with the contributions such monopolies make to dissemination of knowledge. It may be argued that more recent additions to the intellectual property (IP) canon, such as moral rights, and protection of business confidences (the ‘modern IP devices’) do not encourage dissemination of knowledge but rather give stakeholders perpetual control over certain knowledge. This chapter argues that the key to balancing stakeholders’ interests within IP as new technologies emerge is recognising that the classic IP triad worked effectively in the beginning only because there was then no legal separation between individuals and their businesses. This chapter argues that the differentiation of individuals from corporations, and the eventual dominance of the corporate form in business, is the leading cause of current tensions in IP law. The emergence of new technologies is exposing these tensions even more clearly but is not itself their cause.
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Michael H. Morris, Susana C. Santos and Xaver Neumeyer
The extent of poverty and the poverty challenge in developed economies is examined. Emphasis is placed on poverty as a characteristic not of a person but a person’s situation. Attention is devoted to the complex and multi-dimensional nature of poverty. Situational and generational poverty are distinguished from one another. Characteristics of the poor are summarized. The individual, community and societal implications of poverty are explored with a focus on the real benefits of finding ways to reduce the numbers of poor people. Challenges in escaping from poverty are investigated, together with the inadequacies of current solutions to these challenges. Entrepreneurship is introduced as an alternative and potentially complementary solution.
This chapter considers the experience of the Open University UK as it has moved from a distance correspondence model to online provision and how it is looking to the future as a digital provider, in a context of changing government policy and a consequent decline in its core learner base. It explains why the characteristics of being an open, distance and part-time learning provider have critical implications for pedagogy and uses two specific examples of technological interventions to enhance the student experience. The use of learning analytics is a fast-growing area which has prompted some ethical concerns but its use to stage interventions to support at-risk students has shown considerable value for working with both cohorts of, and individual, students. The second example, Student Hive Live, shows how a creative combination of digital technologies can support a sense of engagement and community which is sometimes difficulty to generate in a distance-learning context.
Like owners of landed property, states treat their territories as theirs. This means a view of the world as divided into territories: territorialism. Whether intergovernmental or supranational – ultimately a United States of Europe – thinking about the EU, and thus about European spatial planning, is predicated upon territorialism. But the Middle Ages knew a different order with overlapping jurisdictions. Neo-medievalism takes inspiration from this. The underlying notion of space is different in that it does not, as under territorialism, assume a mosaic of closed containers seamlessly filling space, much as plots of land fill a jurisdiction. Rather, it allows for spaces to overlap. Since the presumption of spaces being fixed is constitutive of our system of government, much as the EU construct, the implications are serious.
Edited by Paul Roberts and Michael Stockdale
Edited by Paul Roberts and Michael Stockdale
Dag Harald Claes
State sovereignty and ownership are fundamental preconditions for governments control over and gains from natural resources. The chapter covers the philosophical debates following John Locke regarding who can claim ownership over territories and oil resources, the legal aspects of state’s territorial sovereignty and the relationship between the state and private citizens regarding the property rights. The essence of the Lockean perspective is that private property can be regarded as a natural right, while the regulation of occupation of territory, transfer of rights and regulation of harvesting and extraction of resources lies with the sovereign government. The chapter discuss various political aspects related to the government’s exercise of its sovereignty over natural resources, it also discuss sovereignty and ownership over offshore oil resources under the Law of the Sea regulations.