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Open Access. Powered by Scholars. Published by Universities.®

2010

Intellectual Property Law

Robert Cunningham

Articles 1 - 2 of 2

Full-Text Articles in Law

The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham Jan 2010

The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham

Robert Cunningham

The second enclosure movement critique is familiar theoretical territory for scholars concerned with the creeping maximalist impulse of Intellectual Property Rights (IPRs). Just as the first enclosure movement relating to real property created controversies concerning social contract and the advertised efficiencies of private real property, so too these concerns are echoed within the context of IPRs. This paper employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows, begs and steals analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics …


The Separation Of (Economic) Power: A Cultural Environmental Perspective Of Social Production And The Networked Public Sphere, Robert Lee Cunningham Jan 2010

The Separation Of (Economic) Power: A Cultural Environmental Perspective Of Social Production And The Networked Public Sphere, Robert Lee Cunningham

Robert Cunningham

In the eighteenth century Montesquieu espoused the need to separate political power. In the twenty first century there is a pressing need to separate economic power. Drawing upon the frame of cultural environmentalism to counter the affects of the second enclosure movement related to Intellectual Property Rights, this paper advocates the employ of social production so as to diversify the production mix of the global information economy. This position is built upon public choice theory and the economic fundamentals of social production when contrasted with alternate production modes of production. Specifically, the paper submits that where the factors of information …