Talks: Yochai Benkler: Open-Source Economics April 2008

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Talks: Yochai Benkler: Open-source economics April 2008 About this talk Yochai Benkler explains how collaborative projects like Wikipedia and Linux represent the next stage of human organization. About Yochai Benkler Yochai Benkler has been called "the leading intellectual of the information age." He proposes that volunteer-based projects such as Wikipedia and Linux are the next stage of human organization and... From www.ted.com/index.php/speakers/view/id/223 1 13 June 2008 Speakers Yochai Benkler: Legal expert Yochai Benkler has been called "the leading intellectual of the information age." He proposes that volunteer-based projects such as Wikipedia and Linux are the next stage of human organization and economic production. Why you should listen to him: Larry Lessig calls law professor Yochai Benkler "the leading intellectual of the information age." He studies the commons -- including such shareable spaces as the radio spectrum, as well as our shared bodies of knowledge and how we access and change them. His most recent writings (such as his 2006 book The Wealth of Networks) discuss the effects of net-based information production on our lives and minds and laws. He has gained admirers far beyond the academy, so much so that when he released his book online with a Creative Commons license, it was mixed and remixed online by fans. (Texts can be found at benkler.org; and check out this web-based seminar on The Wealth of Networks.) He was awarded EFF's Pioneer Award in 2007. He's the Berkman Professor of Entrepreneurial Legal Studies at Harvard, and faculty co-director of the Berkman Center for Internet and Society (home to many of TED's favorite people). "He has become an unlikely business guru, with a shop at the intersection of Commerce and Cooperation." ―Time From www.ted.com/index.php/speakers/view/id/223 2 13 June 2008 .

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1 The Duality of Peer Production Infrastructure for the Digital Commons, Free Labor for Free‐Riding Firms Mathieu O’Neil, Sophie Toupin, and Christian Pentzold 1 Introduction There never was a “tragedy of the commons”: Garrett Hardin’s overgrazing farmers were victims of a tragedy of self‐management, as they failed to collectively regulate, as equals, their common pasture. When Elinor Ostrom was awarded the Nobel Prize in Economics in 2009, the immemorial notion that there are only two types of goods in the world – private and public, coordinated by markets or the state – was finally put to rest. In the most general terms, peer producers are people who create and manage common‐pool resources together. It sometimes seems as if “peer production” and “digital commons” can be used interchangeably. Digital commons are non‐rivalrous (they can be reproduced at little or no cost) and non‐excludable (no‐one can prevent others from using them, through prop- erty rights for example). So, practically speaking, proprietary objects could be produced by equal “peers,” however we argue that peer production has a normative dimension, so that what chiefly char- acterizes this mode of production is that “the output is orientated towards the further expansion of the commons; while the commons, recursively, is the chief resource in this mode of production” (Söderberg & O’Neil, 2014, p. 2). Though there are many historical antecedents, the term “peer pro- duction,” as an object of public and scientific interest, is historically situated in the early 2000s.1 The meanings associated with a term that is deeply connected to the Internet as it was 20 years ago are bound to change.
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Book Review – Yochai Benkler, the Wealth of Networks: How Social Production Transforms Markets and Freedom
CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink Book Review – Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom Keywords: networked economy, internet regulation, peer production JEL Classification: K10, K29, K42 Osgoode Hall Law School, York University 4700 Keele St., Toronto, ON, Canada M3J 1P3 Email: [email protected] Published in (2006) 7 German Law Journal 853, online: http://www.germanlawjournal.com/article.php?id=765. 967505 CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink BOOK REVIEW – YOCHAI BENKLER, THE WEALTH OF NETWORKS: HOW SOCIAL PRODUCTION TRANSFORMS MARKETS AND FREEDOM Benkler argues that the West is engaged in an escalating culture war between the industrial information economy—a one-way, capital- intensive, and professionally-produced model that has held sway for 150 years—and the networked information economy (NIE)—a many- to-many, low-capital, and cooperative model that has been emerging in the last 15 years. The NIE is built on the infrastructure of the internet and is characterized by characterized by (1) non-proprietary strategies, (2) rising non-market production, and (3) more effective, large-scale cooperative efforts; in other words, “peer production of information, knowledge, and culture.” These aspects challenge our economies and our polities, and hold significant promise for enhancing personal autonomy; however, Benkler, in writing what amounts to a manifesto for the internet, pays little attention to the way in which the NIE is vulnerable to technical capture in the same way the industrial information economy is vulnerable to capital capture, taking a “wait-and-see” approach to regulatory intervention.
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Wikimania 2006 Invited Speaker Biographies
Wikimania 2006 Invited Speaker has been a forceful advocate for open science and open access scientific publishing - the free release of the Biographies material and intellectual product of the scientific research. He is co-Founder of Public Library of Science Yochai Benkler is Professor of Law at Yale Law (PLoS). He serves on the PLoS board, and is an advisor School. His research focuses on commons-based to Science Commons. approaches to managing resources in networked environments. His publications include “The Wealth of Rishab Aiyer Ghosh first developed and sold free Networks: How Social Production Transforms Markets” and software in 1994. He switched from writing in C and “Freedom and Coase’s Penguin, or Linux and the Nature of the assembly to English, and has been writing about the Firm”. economics of free software and collaborative production since 1994. He is the Founding Karen Christensen is the CEO of Berkshire International and Managing Editor of First Monday, the Publishing group, a reference work publisher known for most widely read peer-reviewed on-line journal of the specialty encyclopedias. Her primary responsibility is Internet, and Senior Researcher at the Maastricht bringing together global teams and building Economic Research Institute on Innovation and relationships with experts and organizations around the Technology (MERIT) at the University of Maastricht world. Karen has also served as an encyclopedia editor; and United Nations University, the Netherlands. In as coeditor on the “Berkshire Encyclopedia of World Sport” 2000 he coordinated the European Union -funded (June 2005) and “Global Perspectives on the United States” FLOSS project, the most comprehensive early study of (three volumes, forthcoming), and as senior editor of free/libre/open source users and developers.
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Peer Production of Survivable Infrastructures
Peer Production of Survivable Critical Infrastructures The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, Peer Production of Survivable Critical Infrastructures, in The Law and Economics of Cybersecurity 73 (Mark F. Grady & Francesco Parisi eds., 2005). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:37078634 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA © Yochai Benkler 2004. This version of the work is released under the creative commons noncommercial attribution license. To view a copy of the license visit http://creativecommons.org/licenses/by-nc-sa/1.0 or send a letter to Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA. Peer Production of Survivable Critical Infrastructures Yochai Benkler* Abstract The paper describes an approach to provisioning survivable critical communications and computation infrastructures by deploying radically distributed, peer-based systems for communication, computation, and data storage and retrieval. The paper focuses on system survivability as an approach to robustness, rather than on artifact-oriented hardness or impregnability. Based on a survey of experience with ad hoc wireless mesh networks, peer-to-peer storage and retrieval systems, and distributed computing, the paper identifies a class of solutions that mobilize redundant capacity resident in privately owned, extant unlicensed wireless devices, desktops, laptops, and handhelds around the periphery of the network to provide redundant, adaptive, self-healing systems.
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Striking the Right Chord: a Theoretical Approach to Balancing Artists’ Intellectual Property Rights on Remix Audio-Sharing Platforms
\\jciprod01\productn\C\CRN\102-1\CRN104.txt unknown Seq: 1 8-NOV-16 13:30 NOTE STRIKING THE RIGHT CHORD: A THEORETICAL APPROACH TO BALANCING ARTISTS’ INTELLECTUAL PROPERTY RIGHTS ON REMIX AUDIO-SHARING PLATFORMS Nicole Greenstein† INTRODUCTION ........................................... 212 R I. BACKGROUND ..................................... 216 R A. The Rise of Remix Culture and the Copyright Backlash ..................................... 216 R B. Licensing Sampling-Based Music ............. 218 R C. Remixes and the Fair Use Defense ............ 219 R II. A REMIXER’S LABOR OF LOVE: LOCKEAN THEORY OF INTELLECTUAL PROPERTY ............................ 221 R A. An Introduction to Locke’s Labor Theory ...... 221 R B. A Lockean Approach to Intellectual Property and Remix Rights ............................ 223 R C. The Law of Accession and the Improving Remixer ...................................... 226 R III. FOSTERING MUSICAL CREATION: UTILITARIAN THEORIES OF INTELLECTUAL PROPERTY ......................... 229 R A. The Tragedy of the Free Rider ................. 229 R B. The Freedom in the Commons ................ 232 R IV. THE SOUL BEHIND THE SONGS: PERSONHOOD THEORY OF INTELLECTUAL PROPERTY ......................... 234 R A. An Introduction to Personhood Theory ........ 234 R B. The Personhood Right in Remix Culture ....... 235 R CONCLUSION: SOLVING THE REMIX RIGHTS STALEMATE ........ 237 R † University of Pennsylvania, B.A., 2014; Cornell Law School, Candidate for J.D., 2017; Publishing Editor, Cornell Law Review Volume 102. I would like to thank Professor Gregory Alexander for contributing inspiration and thoughtful comments to this Note, as well as Professors Oskar Liivak and Michael Olivas for their excellent instruction in intellectual property. Thanks also to the members of the Cornell Law Review for their hard work in preparing this Note for publication. Last but certainly not least, I am grateful to my family and friends for their endless support throughout law school and all of my endeavors.
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The Wealth of Networks: How Social Production Transforms Markets and Freedom
Harvard Journal of Law & Technology Volume 20, Number 1 Fall 2006 THE WEALTH OF NETWORKS: HOW SOCIAL PRODUCTION TRANSFORMS MARKETS AND FREEDOM BY YOCHAI BENKLER NEW HAVEN, CT: YALE UNIVERSITY PRESS, 2006 PP. 515. $40.00 (HARDCOVER). ISBN: 0-300-11056-1 Megan Ristau Baca* TABLE OF CONTENTS I. INTRODUCTION..............................................................................271 II. THE EMERGING NETWORKED INFORMATION ECONOMY .............272 A. What Is the Networked Information Economy?........................272 1. Diversity of Production Incentives........................................273 2. Technological Shifts..............................................................275 B. Commons-Based Production and Peer Production .................276 C. Responses.................................................................................278 III. THE EFFECT ON THE POLITICAL ECONOMY ................................279 A. Individual Freedom..................................................................280 B. Political Freedom.....................................................................281 1. Criticisms of the Mass Media................................................281 2. The Internet as a Counterforce to Mass Media......................282 3. Can the Internet Really Democratize?...................................283 C. Cultural Freedom.....................................................................284 D. Justice and Development .........................................................284 IV. CONCLUSION ..............................................................................285
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Reviewing Yochai Benkler, the Wealth of Networks: How Social Production Transforms Markets and Freedom (2006))
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 Wealth without Markets? (reviewing Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006)) Lior Strahilevitz Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Lior Strahilevitz, "Wealth without Markets? (reviewing Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006))," 116 Yale Law Journal 1472 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. LIOR JACOB STRAHILEVITZ Wealth Without Markets? The Wealth of Networks: How Social Production Transforms Markets and Freedom BYYOCHAI BENKLER NEW HAVEN: YALE UNIVERSITY PRESS, 20o6. PP. 528. $40.00 A UT HO R. Professor of Law, University of Chicago Law School. The author thanks Yochai Benkler, Richard Epstein, Brett Frischmann, Orin Kerr, Saul Lcvmore, Doug Lichtman, Jonathan Masur, Randy Picker, and Cass Sunstein for their comments, Emily McKinney for helpful research assistance, and the Morton C. Seeley Fund and Sarah Scaife Foundation for research support. 1472 Imaged with the Permission of Yale Law Journal REVIEW CONTENTS INTRODUCTION 1474 I. ASSESSING THE WEALTH OF NETWORKS 1475 A. On the Shoulders of Aristotle: Explaining Excess Capacity 1476 B. On the Shoulders of Titmuss: A Theory of Social Production 1478 C. On the Shoulders of Coase: A Framework for Understanding the Choice of Production Regimes 1484 D.
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Yochai Benkler, Wealth of Networks: How Social Production Transforms Markers and Freedom
Yochai Benkler, Wealth of Networks: How Social Production Transforms Markers and Freedom John Willinsky With the Wealth of Networks, Benkler takes on Adam Smith’s epoch-defining work, first published in 1776, at the very point in history when the economic system that Smith so carefully describes in An Inquiry into the Nature and Causes of the Wealth of Nations appears to have finally realized its global destiny, what, with market economies having now taken root around the world. It may seem an odd moment, then, for Benkler to turn the tables on Smith’s vision, that is, to displace nations with networks and transform markets through social production (into nonmarkets, as it turns out). Although Benkler does not anywhere else in his book make such direct use of Smith’s influential book, the Wealth of Networks establishes the economic viability of what is, at many points, much the opposite of what Smith was describing then as a new economic regime and what has subsequently taken on the qualities of natural law. In the process, Benkler takes hold of capitalism’s two dearest concepts, wealth and freedom, and gives them both a second economic life. He identifies project after project which is driven by not by national and personal self-interest – which figured so prominently in Smith’s work, as well as the continuing stream of economic theory following that tradition – but operates instead cooperatively through global, collaborative networks. These networks represent for Benkler a revolution in individual autonomy and democratic action, given how they freely distribute the means of participation to others, and those two concepts have a certain resonance with other events from 1776.
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The Wealth of Networks How Social Production Transforms Markets and Freedom
Name /yal05/27282_u00 01/27/06 10:25AM Plate # 0-Composite pg 3 # 3 The Wealth of Networks How Social Production Transforms Markets and Freedom Yochai Benkler Yale University Press Ϫ1 New Haven and London 0 ϩ1 Name /yal05/27282_u00 01/27/06 10:25AM Plate # 0-Composite pg 4 # 4 Copyright ᭧ 2006 by Yochai Benkler. All rights reserved. Subject to the exception immediately following, this book may not be repro- duced, in whole or in part, including illustrations, in any form (beyond that copy- ing permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. The author has made an online version of the book available under a Creative Commons Noncommercial Sharealike license; it can be accessed through the author’s website at http://www.benkler.org. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Benkler, Yochai. The wealth of networks : how social production transforms markets and freedom / Yochai Benkler. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-300-11056-2 (alk. paper) ISBN-10: 0-300-11056-1 (alk. paper) 1. Information society. 2. Information networks. 3. Computer networks—Social aspects. 4. Computer networks—Economic aspects. I. Title. HM851.B457 2006 303.48'33—dc22 2005028316 A catalogue record for this book is available from the British Library. The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
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Wikileaks and the Protect-Ipact: a New Public-Private Threat to The
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Whistleblower Defense
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