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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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The Future of the Public Domain - Identifying the Commons in Information Law (Hardcover)
Loot Price: R6,417
Discovery Miles 64 170
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The Future of the Public Domain - Identifying the Commons in Information Law (Hardcover)
Series: Information Law Series Set
Expected to ship within 10 - 15 working days
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The presence of a robust public domain is an essential precondition
for cultural, social and economic development and for a healthy
democratic process. But the public domain is under pressure as a
result of the ongoing march towards an information economy. Items
of information, which in the old-economy had little or no economic
value, such as factual data, personal data, genetic information and
pure ideas, have acquired independent economic value in the current
information age, and consequently become the object of property
rights making the information a tradable commodity. How and to what
extent does the commodification of information affect the free flow
of information and the integrity of the public domain? Does the
freedom of expression and information, guaranteed inter alia in the
European Convention on Human Rights, call for active state
intervention to 'save' the public domain? What means - both legal
and practical - are available or might be conceived to guarantee
and foster a robust public domain? These were the main questions
that were addressed in a major collaborative research project led
by the Institute for Information Law of the University of Amsterdam
(IViR) in co-operation with the Tilburg Institute for Law,
Technology and Society (TILT) of Tilburg University, and funded by
ITeR, the Dutch National Program for Information Technology and
Law. Thirteen contributions from academia worldwide make up the
present book, addressing the future of the public domain from a
different angle. In addition, all authors were invited to reflect
upon the notion and role of the public domain in the context of
information law and policy. Should this concept be limited to that
of a 'negative' image of (intellectual) property protection, i.e.
all publicly available information not subject to a property right,
and therefore freely (i.e. gratis) available, or should a broader
approach be taken, e.g. all information available from public
sources at affordable cost? Should information policies be aimed at
maximizing the public domain or optimizing information flows? To
what extent are these aims congruent? This book takes a broader,
'information law' oriented approach towards the question of
preserving the public domain, in which a wide range of interrelated
legal questions converge. Issues treated in this book include:
economic analysis of the public domain; fundamental rights analysis
of the public domain; impact of the application of technological
protection measures and contractual restrictions on the public
domain; the impact of the expansion of copyright, database right
and patent rights on the public domain; the impact of the
commodification of private data, government information, indigenous
knowledge on the public domain; and the capacity of the Open Source
and Creative Commons Movements to preserve the integrity of the
public domain. "The Future of the Public Domain" is an important
work for all those interested or involved in the regulation of the
knowledge economy. Legal scholars, academic and research
institutions, corporate counsel, lawyers, government policymakers
and regulators - all these and more will benefit enormously from
the thoughtful and incisive discussions presented here.
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