Fordham Law Review Volume 74 Issue 2 Article 3 2005 What Contracts Cannot Do: The Limits of Private Ordering in Facilitating a Creative Commons Niva Elkin-Koren Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Niva Elkin-Koren, What Contracts Cannot Do: The Limits of Private Ordering in Facilitating a Creative Commons , 74 Fordham L. Rev. 375 (2005). Available at: https://ir.lawnet.fordham.edu/flr/vol74/iss2/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. What Contracts Cannot Do: The Limits of Private Ordering in Facilitating a Creative Commons Cover Page Footnote Professor, University of Haifa School of Law. I wish to thank Yochai Benkler, Michael Birnhack, Julie Cohen, Rochelle Dryfuss, Kevin Davis, Bernt Hugenholtz, Mathias Klang, Lawrence Lessig, Jessica Litman, Neil Netanel, David Nimmer, Helen Nissenbaum, Gideon Parchomovsky, Eli Salzberger, Anthony Reese, Pamela Samuelson, Katrina Wyman, and Diane Zimmerman for their comments and criticism on an earlier draft. I also thank the participants at the IViR workshop on Commodification of Information, Amsterdam, July 2004, the Colloquium on Information Technology and Society, Information Law Institute, NYU School of Law and UCLA, and the participants of faculty workshops at the University of Connecticut Law School, Georgetown University Law Center, and NYU School of Law for helpful comments and discussions.