-----Original Message-----
From: OII Events [mailto:[log in to unmask]]
Sent: 04 April 2006 16:59
To: oii-contacts
Subject: OII News [2006.04.44]: The Fable of the Commons: Exclusivity and
the Construction of Markets in Cyberspace and Real Space
Dear All
Please may we bring to your attention the following forthcoming event:
'The Fable of the Commons: Exclusivity and the Construction of Markets in
Cyberspace and Real Space'
Speakers: Shubha Ghosh, Professor of Law, Buffalo Law School, SUNY and
Southern Methodist University Dedman School of Law.
Date: 10 Apr 2006, 15:00 - 16:30
Location: Oxford Internet Institute, 1 St Giles, Oxford, OX1 3JS
Attendance: This event is open to the public, if you would like to attend
please email your name and affiliation to [log in to unmask]
Abstract:
The propertization of intellectual property law has lead to the growing
exclusivity of rights and concentration of markets in various intellectual
property intensive contexts, such as the Internet. The twin trends of
propertization and exclusivity are based on a false conception of the
commons, as derived from Garret Hardin's tragedy of the commons. I argue
that the activities of the intellectual property commons are very different
from the activities of Hardin's commons. As a result, legal institutions
need to reflect the activities of discovery and creation associated with the
intellectual property commons. An activities focused approach to
institutional design, I further argue, requires consideration of both
distributive values and efficiency mindedness in constructing intellectual
property law and markets. I focus on three distributive values, distributon
among creators, between creators and users, and across generations. The
normative criteria grounded in distributive justice are used to assess the
current law on fair use and secondary liablity, particularly as applied to
the legal treatment of file sharing and copyright on the Internet.
Biography:
Shubha Ghosh is currently Professor of Law at University at Buffalo Law
School, SUNY, and Southern Methodist University Dedman School of Law, where
he will be joining full time in Fall 2006. He has written in the areas of
gray markets, pharmaceutical patents, privatization, and the theory of
markets. He holds a BA from Amherst College, a MA and PhD from The
University of Michigan, and a JD from Stanford. When not thinking about law,
he lives a relatively unregulated life, travelling with his family, reading,
watching movies (and an occasional film), and working on creative writing.
Additional Resources
Please see: http://www.oii.ox.ac.uk/collaboration/?rq=seminars/20060410
For further information on all OII events, please refer to our website at
www.oii.ox.ac.uk.
Kind regards
The Events Team
Oxford Internet Institute
1 St Giles
University of Oxford
Oxford
OX1 3JS
Tel: +44 (0)1865 287209
Fax: +44 (0)1865 287211
www.oii.ox.ac.uk
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