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The Public Domain

The Public Domain



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Published by: dbryant0101 on Dec 22, 2008
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Chapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 4.Chapter 2Chapter 6Chapter 5Chapter 7Chapter 4.Chapter 8Chapter 9Chapter 10Chapter 4.
Chapter 9
The Public Domain, by James Boyle
The Project Gutenberg eBook, The Public Domain, by James BoyleThis eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You maycopy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook oronline at www.gutenberg.org** This is a COPYRIGHTED Project Gutenberg eBook, Details Below ** ** Please follow the copyrightguidelines in this file. **Title: The Public Domain Enclosing the Commons of the MindAuthor: James BoyleRelease Date: December 13, 2008 [eBook 27526]Language: EnglishCharacter set encoding: ISO-8859-1***START OF THE PROJECT GUTENBERG EBOOK THE PUBLIC DOMAIN***Text harvesting and reformatting by Michael S. Hart and Gregory B. Newby.Copyright (C) 2008 by James Boyle.The Public DomainEnclosing the Commons of the Mindby James BoyleIn this enlightening book James Boyle describes what he calls the range wars of the information age--today'sheated battles over intellectual property. Boyle argues that just as every informed citizen needs to know atleast something about the environment or civil rights, every citizen should also understand intellectualproperty law. Why? Because intellectual property rights mark out the ground rules of the information society,and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, freespeech, digital creativity, and scientific innovation.Boyle identifies as a major problem the widespread failure to understand the importance of the publicdomain--the realm of material that everyone is free to use and share without permission or fee. The publicdomain is as vital to innovation and culture as the realm of material protected by intellectual property rights,he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clearanalysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biologyand Internet file sharing, this timely book brings a positive new perspective to important cultural and legaldebates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.Professor James Boyle's website: www.thepublicdomain.org
The Public Domain, by James Boyle2
James Boyle is William Neal Reynolds Professor of Law and co- founder of the Center for the Study of thePublic Domain Duke Law School. He joined the faculty in July 2000. He has also taught at AmericanUniversity, Yale, Harvard, and the University of Pennsylvania Law School. He is the author of Shamans,Software and Spleens: Law and Construction of the Information Society and The Shakespeare Chronicles, anovel about the search for the true author of Shakespeare's works. He co-authored Bound By Law, (CSPD2006) an educational comic book on fair use in documentary film, and is the editor of Critical Legal Studies(Dartmouth/NYU Press 1994), and Collected Papers on the Public Domain (Duke: L&CP 2003). In 2003 hewon the World Technology Award for Law for his work on the "intellectual ecology" of the public domain,and on the new "enclosure movement" that threatens it; (a disappointing amount of which was foretold in his1996 New York Times article on the subject.) Professor Boyle has written on legal and social theory, onissues ranging from political correctness to constitutional interpretation and from the social contract to theauthorship debate in law and literature.For the last ten years, his work has focused on intellectual property. His essays include The Second EnclosureMovement, a study of the economic rhetoric of price discrimination in digital commerce, and a Manifesto onWIPO. His shorter pieces include Missing the Point on Microsoft, a speech to the Federalist Society calledConservatives and Intellectual Property, and numerous newspaper articles on law, technology and culture. Hisbook reviews on social theory and the environment, the naturalistic fallacy in environmentalism, and oncompeting approaches to copyright have appeared in the Times Literary Supplement. He currently writes asan online columnist for the Financial Times' New Economy Policy Forum. Professor Boyle teachesIntellectual Property, the Constitution in Cyberspace, Law and Literature, Jurisprudence and Torts. He is aBoard Member of Creative Commons which is working to facilitate the free availability of art, scholarship,and cultural materials by developing innovative, machine-readable licenses that individuals and institutionscan attach to their work, and of Science Commons, which aims to expand the Creative Commons mission intothe realm of scientific and technical data. He also leads the steering committee which is setting up theLearning Commons, a division of Creative Commons aimed at facilitating access to open education resources.He is a member of the academic advisory boards of the Electronic Privacy and Information Center, theConnexions open-source courseware project, and of Public Knowledge. In 2006 he received the Duke BarAssociation Distinguished Teaching Award.Yale University PressCreative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License. This site uses CommentPress (version 1.4.1), a project of the Institute for the Future of the Book The Public DomainEnclosing the Commons of the Mindby James BoylePreface: Comprised of at Least Jelly? 1Each person has a different breaking point. For one of my students it was United States Patent number6,004,596 for a "Sealed Crustless Sandwich." In the curiously mangled form of English that patent lawproduces, it was described this way: 2A sealed crustless sandwich for providing a convenient sandwich without an outer crust which can be storedfor long periods of time without a central filling from leaking outwardly. The sandwich includes a lower breadportion, an upper bread portion, an upper filling and a lower filling between the lower and upper breadportions, a center filling sealed between the upper and lower fillings, and a crimped edge along an outer
The Public Domain, by James Boyle3

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