W01-25 10/17/01 ARTIFACTS, FACILITIES, AND CONTENT: INFORMATION AS A COMMON-POOL RESOURCE by Charlotte Hess and Elinor Ostrom Workshop in Political Theory and Policy Analysis Indiana University © 2001 by authors Paper to be presented at the “Conference on the Public Domain,” Duke Law School, Durham, North Carolina, November 9-11, 2001 We would like to thank Gerry Bernbom, Vincent Ostrom, Tobias Klaus, Harini Nagendra, Robert Najlis, and Enrico Schaar for their helpful and insightful comments. We are eternally grateful to Patty Zielinski for her expert technological, editorial assistance as well as her perseverance and patience. We also graciously thank the Ford Foundation for its support. WORKSHOP IN POLITICAL THEORY AND POLICY ANALYSIS Indiana University, 513 North Park Bloomington, Indiana 47408-3895 USA Phone: 812-855-0441 • Fax: 812-3150 Email:
[email protected] • http://www.indiana.edu/~workshop I. INTRODUCTION We are in the midst of an information arms race with multiple sides battling for larger shares of the global knowledge pool. The records of scholarly communication, the foundations of an informed, democratic society, are at risk. Recent legal literature heightens our awareness of “the enclosure of the intellectual public domain” through new patent and copyright laws.1 There are a number of issues concerning the conflicts and contradictions between new laws and new technologies.2 Information that used to be “free” is now increasingly being privatized, monitored, encrypted, and restricted. This “intellectual land grab”3 is a direct outcome of new technologies and global markets. Distributed digital technologies have the dual capacity to increase as well as restrict access to information.