The Future of the Public Domain: Identifying the Commons in Information Law

Front Cover
Lucie M. C. R. Guibault, P. B. Hugenholtz
Kluwer Law International, Jan 1, 2006 - Law - 377 pages
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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
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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Contents

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