Here’s notes for the first two presentations on a second parallel session, IP and Structures of Sharing:
Brett Frischmann, Loyola-Chicago/Mike Madison, Pitt — Framework for Semi-commons — understand how recources are generated and shared — arg: information owners will generate commons when its in their interest — also, focus on the cultural/intellectual environment, and the institutional arrangements — wire services for newsmedia would come into scope of the analysis — synthesizing medical record data — IP itself is a form of constructed commons or semi-commons — patent or copyright pools could circumvent the IP system outright. Something like IP or theory of firm but not dealing with a formal firm.
James Grimmelmann, New York Law School — Online Communities as Semicommons — commons theory and layering — free-riding, disruptive behavior, etc can discrupt commons, the result can be collapse. Does common access to Wikipedia make it work or fail? What does commons mean? Non-rivalry of info is theoretical basis. Wasteful use can be prevented in groups under certain conditions — common ownership can avoid tragedy of commons. In online resources and communities, they have aspects that are rival (tragic) and non-rival (comedic). Offine semicommons: what aspects of resources are rival, non-rival and commons, and their strategic behavior. Layering: physical infrastructure (rival/private), but no necessity that it be held this way at all levels. Semi-commons: shows why usenet stalled, but email grows. News group owned by community, but no link to resources to support it — spammers could overrun usenet. Email puts responsibility on people who benefit from email, so it can handle more use. No one-size-fits-all solution — size and diversity of community impacts it. Community w/ strong social ties can handle issues. Many ways to fail, but many ways to succeed. What does control of system software mean for commons? How does law regulate what agreements can be made by members of community?
