It looks like we have plenty of material for a good discussion today. Make sure you come with specific key passages or examples from Boyle that we can unpack and examine in relation to providing a social theory of information. Much of my work in last five years has focused on the failings of IP in relation to the specific intersection of indigenous knowledge and digital technologies. My collaborators and I have proposed a new set of licenses and labels based on the more communal and community-oriented notions of "traditional knowledge" (itself, of course, a legal construct, which as Boyle reminds us, doesn't automatically lead to a negative). Listed here are some further sources if you are interested as well here is a link to my most recent publication "Does Information Really Want to be Free..." centered around the notion of "information freedom" and indigenous knowledge and a PDF of a talk Jane Anderson and I gave at WIPO's IGC this summer on the TK licenses and labels and there reframing of some of the central tenants of IP laws that Boyle shows us (primarily author focus and "originality."). Also a great site is Michael Brown's "Who Owns Native Culture" website where he regularly adds new issues in the news and in scholarship around indigenous IP issues.
| anderson_christen_wipo_2012.pdf |
other sources
Anderson, Jane. (2010). Indigenous Knowledge/Traditional Knowledge and Intellectual Property Issues Paper. Centre for the Public Domain, Duke University.
Boateng, B. (2005). Square Pegs in Round Holes? Cultural Production, Intellectual Property Frameworks and Discourses of Power, 61-74. R. A. Ghosh editor, CODE: Collaborative Ownership and the Digital Economy. Cambridge, MA: MIT Press.
Burri, M. (2008). The Long Tail of the Rainbow Serpent: New Technologies and the Protection and Promotion of Traditional Cultural Expressions. C. Graber & M. Burri-Nenova, editors, Intellectual Property and Traditional Cultural Expressions in a Digital Environment, Cheltenham, UK: Edward Elgar.
Carpenter, M. (2004). Intellectual Property Law and Indigenous Peoples: Adapting Copyright to the needs of a Global Community. Yale Human Rights in Development Law Journal, 7:51-78.
Chander, A. & Madhavi S. (2004). The Romance of the Public Domain. California Law Review 42: 1331-1374.
Coombe, R. (2009). The Expanding Purview of Cultural Properties and their Politics, Annual Review of Law and Social Sciences 393-412.
Dommann, M. (2008). Lost in Tradition? Reconsidering the History of Folklore and its Legal Protection Since 1800, 3-16. C. Graber and M. Burri-Nenova, editors, Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Cheltenham, U.K.: Edward Elger Press.
Hyde, L. (2010). Common As Air: Revolution, Art and Ownership. Farrar, Straus and Giroux, New York.
Seeger, A. (2005). Who Got Left Out of the Property Grab Again: Oral Traditions, Indigenous Rights, and Valuable Old Knowledge, 75-84, R.A. Ghosh editor, CODE: Collaborative Ownership and the Digital Economy. Cambridge, MA: MIT Press.
Sherman, B. & Wiseman, L. (2006). Toward an Indigenous Public Domain? 259-277.
Guibault and B. Hugenholtz, editors, The Future of the Public Domain,Klewar Law International.
Wendland, W. (2008). It’s a Small World (After All): Some Reflections on Intellectual Property and Traditional Cultural Expressions, 150-181, C. Graber and M. Burri-Nenova Intellectual Property and Traditional Cultural Expressions in a Digital Environment, Cheltenham, U.K.: Edward Elger Press.
Boateng, B. (2005). Square Pegs in Round Holes? Cultural Production, Intellectual Property Frameworks and Discourses of Power, 61-74. R. A. Ghosh editor, CODE: Collaborative Ownership and the Digital Economy. Cambridge, MA: MIT Press.
Burri, M. (2008). The Long Tail of the Rainbow Serpent: New Technologies and the Protection and Promotion of Traditional Cultural Expressions. C. Graber & M. Burri-Nenova, editors, Intellectual Property and Traditional Cultural Expressions in a Digital Environment, Cheltenham, UK: Edward Elgar.
Carpenter, M. (2004). Intellectual Property Law and Indigenous Peoples: Adapting Copyright to the needs of a Global Community. Yale Human Rights in Development Law Journal, 7:51-78.
Chander, A. & Madhavi S. (2004). The Romance of the Public Domain. California Law Review 42: 1331-1374.
Coombe, R. (2009). The Expanding Purview of Cultural Properties and their Politics, Annual Review of Law and Social Sciences 393-412.
Dommann, M. (2008). Lost in Tradition? Reconsidering the History of Folklore and its Legal Protection Since 1800, 3-16. C. Graber and M. Burri-Nenova, editors, Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Cheltenham, U.K.: Edward Elger Press.
Hyde, L. (2010). Common As Air: Revolution, Art and Ownership. Farrar, Straus and Giroux, New York.
Seeger, A. (2005). Who Got Left Out of the Property Grab Again: Oral Traditions, Indigenous Rights, and Valuable Old Knowledge, 75-84, R.A. Ghosh editor, CODE: Collaborative Ownership and the Digital Economy. Cambridge, MA: MIT Press.
Sherman, B. & Wiseman, L. (2006). Toward an Indigenous Public Domain? 259-277.
Guibault and B. Hugenholtz, editors, The Future of the Public Domain,Klewar Law International.
Wendland, W. (2008). It’s a Small World (After All): Some Reflections on Intellectual Property and Traditional Cultural Expressions, 150-181, C. Graber and M. Burri-Nenova Intellectual Property and Traditional Cultural Expressions in a Digital Environment, Cheltenham, U.K.: Edward Elger Press.
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