A Governance Framework for Intellectual Property Rights
Chapter 7: Should the information commons have standing?
In the last chapter Leopold’s ‘land ethic’ provided a foundation for ecological principles. In particular, we have seen how the land ethic provided rhetorical support, accompanied by other key publications such as Rachel Carson’s Silent Spring, for the rights movement as it relates to nature. This movement in turn contributed to the philosophical foundation of environmental law (as it came to be known). The present chapter seeks to elaborate on this theme as it concerns the information environment. In the process, we will see the central normative claim is that the information commons should be allocated rights and provisioned with standing. This claim is built upon parallel submissions made in the 1970s, which were founded on ecological thought. The underlying inquiry of this chapter is: If intellectual property is to be allocated rights why not also contemplate the allocation of rights to the information commons? An alternate framing of this inquiry, grounded in both the commons and ecology analytical frameworks, gives rise to the rhetorical question: Should the information commons have standing? The affirmative answer posited advocates the development of ICRs as a governance tool. ICRs serve to operationalise the allocation of rights and the provision of standing to the information commons (as per principle 8 of Table 1.1).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.