Legal Frameworks for the Internet (KCB202)

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    Legal Frameworks for the Internet (KCB202) - Presentation Transcript

    1. Legal Frameworks for the Internet Axel Bruns [email_address] KCB202
    2. Internet Governance
      • Governance is complex:
        • emerging, rapidly changing environment
        • international reach difficult to address through national laws
      • Differing philosophies:
        • strong state intervention aimed at growing ICT sector
          • possibly overly techno-centric approach
        • reliance on market mechanisms driving developments
          • threat of over-commercialisation of the Internet
        • cyber-libertarianism – Net as independent entity
          • ‘ Californian Ideology’, ignoring influence of corporate interests
      • Example: ICANN (Internet Corporation for Assigned Names and Numbers)
        • regulates domain names (google.com) and IP addresses (10.0.0.1)
        • private, non-profit company with government, business, and community representation
        • in practice seen as strongly influenced by US government
        • (Flew pp. 218-225)
    3. Intellectual Property
      • Copyright:
        • balancing public and private rights:
          • access to knowledge vs. protection of knowledge
        • aimed at encouraging knowledge creation:
          • enabling creators to profit from their works
        • protects expression of ideas, not ideas themselves
        • especially crucial in a knowledge economy
      • Problems:
        • copyright increasingly restrictive: longer duration, fewer exceptions
        • copying and distribution increasingly easier: digital forms of content
        • significant income streams from existing copyright materials:
          • shift from content creation to copyright exploitation in some industries
          • decline in internal content innovation, battle with external content innovators
          • (Flew pp. 225-228)
    4. Chilling Effects
      • Restrictive intellectual property regimes:
        • gradual export from US to rest of the world:
          • free trade agreements, TRIPS agreement, etc.
        • countries resisting such regimes experiencing strong growth:
          • e.g. China: generally lax IP enforcement
        • seen as undermining innovation:
          • limited access to / ability to use existing knowledge
        • ‘ information feudalism’ (Drahos & Braithwaite 2002):
          • use of IP rights to inhibit commercial competition
        • secondary implications on user rights – e.g. TPM, DRM:
          • technological protection mechanisms: preventing unauthorised use and copying
          • digital rights management: limiting use to specific authorised contexts
          • undermining existing ‘fair use’ copyright exceptions
          • preventing consumers from legitimate uses and DIY modifications of products
          • (Flew pp. 228-234)
    5. Emerging Alternatives
      • Responses to governance problems:
        • emergence of bottom-up user movements
        • alternative copyright models:
          • open source licences, creative commons
          • not anti-copyright, but more rights for users than copyright
        • ‘ new public interest’ argument (Yochai Benkler):
          • economic and intellectual property policy in the public interest (not in the interest of corporations and industry)
          • returning to original copyright intentions: promoting content creation and innovation as well as allowing creators to profit from their works
        • alternative Internet governance models:
          • as yet unclear – difficult because Internet has become so indispensable
          • UN oversight, alternatives to ICANN, alternative Internet-style networks?
          • (Flew pp. 236-239)

    + Axel BrunsAxel Bruns, 2 years ago

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