James Boyle – A Politics Of Intellectual Property


Armin Medosch: Native Voices – Sustainable Net Strategies (PDF)
„When it comes to intellectual property, there is this tendency to overprotect, rather than underprotect. Why is this? First, Boyle says courts are more inclined to take free speech issues seriously in case it is a state censorship. If it is censorship that comes from private industries than the courts tend to ignore that. Second, intellectual property writes a given for original creation. But the idea of the original author or inventor implicitly devaluates the importance of the raw materials with which any creator works. The whole rhetorical focus on originality leads to a tendency to undervalue the public domain that has no lobby. The result is that the regime which proposes to encourage the great creator may actually take away the raw material which future creators need to produce their little piece of innovation.“
James Boyle: A Politics Of Intellectual Property: Environmentalism for the Net?
„This Article argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Net as a case-study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like.“
James Boyle’s Home Page
„James Boyle  is William Neal Reynolds Professor of Law at Duke Law School.  He joined the faculty in July 2000. Professor Boyle writes on legal and social theory, on issues ranging from political correctness to constitutional interpretation and from the social contract to the authorship debate in law and literature.   Most recently his work has focused on the information age.“