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Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg Jan 2010

Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Articles

This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environment(s) within which they are embedded and with which they share interdependent relationships. Such an improved understanding is critical for obtaining a more complete …

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Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison Jan 2010

Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison

Articles

The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue …

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The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg Jan 2009

The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

Articles

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

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Review Of: "Anatomy Of A Conflict: Identity, Knowledge, And Emotion In Old Growth Forests", Steven E. Daniels Jan 2004

Review Of: "Anatomy Of A Conflict: Identity, Knowledge, And Emotion In Old Growth Forests", Steven E. Daniels

Sociology, Social Work and Anthropology Faculty Publications

I am very glad this book was written, and equally pleased to have read it. But having done so, I am not sure I would buy it. I will use this review to explore the seeming contradiction between my enthusiasm and ambivalence. The book focuses on the regional conflict over the management of federally-managed forests in the Pacific Northwest Region of the United States. The controversy played out predominantly from 1988–1996, and the book reports the results of research undertaken from 1992–1996. The research is ethnographic, with the major data drawn from participant observation of events and from a series …

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