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Full-Text Articles in Science and Technology Studies
Understanding Access To Things: A Knowledge Commons Perspective, Michael J. Madison
Understanding Access To Things: A Knowledge Commons Perspective, Michael J. Madison
Book Chapters
This chapter explores the related ideas of access to knowledge resources and shared governance of those resources, often known as commons. Knowledge resources consist of many types and forms. Some are tangible, and some are intangible. Some are singular; some are reproduced in copies. Some are singular or unique; some are collected or pooled. Some are viewed, used, or consumed only by a single person; for some resources, collective or social consumption is the norm. Any given resource often has multiple attributes along these dimensions, depending on whether one examines the resource’s physical properties, its creative or inventive properties, or …
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Rights Of Access And The Shape Of The Internet, Michael J. Madison
Articles
This Article reviews recent developments in the law of access to information, that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …
Creative Destruction In The Information Age: The Fallout On America's Latino Communities, Anthony G. Wilhelm
Creative Destruction In The Information Age: The Fallout On America's Latino Communities, Anthony G. Wilhelm
Trotter Review
The 104th Congress is in the midst of the first wholesale reform of telecommunications regulation in one-half century. The new regulatory framework emerging in the Republican-controlled Congress, if enacted, will usher in a radically deregulated, market-driven telecom environment, one in which the benefits of the emerging national information infrastructure will likely be distributed differentially, based on ethnicity and socio-economic status. Many U.S. residents may actually be charged higher rates for essential telecommunication services after deregulation (just as they did when cable television was deregulated), which may force many vulnerable users off the network. In addition, the concentration of media ownership …