Intellectual Property

Ch 6 of IPL: Gloss and Compilation

by John Willinsky

Exploring the Structure of International Technology Diffusion

by Lawrenzo Hung-Chun Huang

PICMET 2012 Proceedings, July 29-August 2, Vancouver, Canada © 2012 PICMET

Globalization has highlighted changes in socio-economic terms and is reshaping the world. The international diffusion... more Globalization has highlighted changes in socio-economic terms and is reshaping the world. The international diffusion of technology therefore becomes one of the most important topics of economics and technology policy research. However, comparing endogenous factors, exogenous factors are complexity and demonstrate as network
phenomenon. The network phenomenon composes by neither solely nor independently unit. Countries in global network demonstrated interdependent, and influenced by many others. Thus, this study utilizes social network analysis to investigate the structural configuration of international technology diffusion. This study provides macro perspective on diffusion structure research. The purpose of this study is to investigate the deep structure of international technology diffusion and structural differences between embodied and disembodied technology diffusion networks. This work also provides an understanding of the nature of globalization. The findings not only illustrate the pattern change of diffusion structure form cascade-like to radial-like, but also present the structural configuration of technologically advanced countries and the competitive positions of each country. The findings regarding the diffusion pattern changes and network position identifications can make policy implications for countries interested in exogenous effects for technological growth.

Relationship Between the Strength of Intellectual Property Rights and Innovation

by Frank C Jones

El Empaquetado Genérico de Cigarrillos y la Propiedad Intelectual

by Luis Gil Abinader

Published in ICTSD's Puentes Bimestral

This brief analyzes the tensions originated by the initiatives for a plain packaging of cigarette and international... more This brief analyzes the tensions originated by the initiatives for a plain packaging of cigarette and international intellectual property law. It emphasizes the approximations and interceptions between WTO trademark obligations under TRIPS and WHO Framework Convention on Tobacco Control.

Cambio Climático y Propiedad Intelectual

by Luis Gil Abinader

WTO Chair FLACSO Argentina, Forthcoming 2012

This brief examines the link between the climate debt generated by the asymmetric exhaustion of the atmospheric... more This brief examines the link between the climate debt generated by the asymmetric exhaustion of the atmospheric absorption capacity, the transfer of technology, and intellectual property. It analyzes the international regime, and considers the uncertainties surrounding the role of IP in regards to the access of environmentally sound technologies in developing countries. Therefore, it formulates strategies to develop public policies that acknowledge all these factors.

Global Intellectual Property Law

by Graham Dutfield

Co-authored with Uma Suthersanen. Published in Giuliana Ziccardi Capaldo, ed, The Global Community: Yearbook of International Law and Jurisprudence 2010. Oxford University Press, 2012

The geography of economic and material success is in a state of flux. Some emerging nations are moving towards... more The geography of economic and material success is in a state of flux. Some emerging nations are moving towards catch-up with the developed countries. For some, the intellectual property legal framework is a major factor in wealth creation. But what kind of framework is appropriate? Neither history nor economic analyses can prove that having an intellectual property system is better than not having one. A more interesting question, which historical and economic analyses could help answer, is what kind of system should countries have to further their development priorities? The chapter focuses on two major development issues: education and food security. We look in particular at concerns that trends in copyright and plant variety protection, and the way that harmonisation of rights is promoted, may be harmful to developing countries. International law must provide greater space for intellectual property rule differentiation than some current trends may allow, avoiding inappropriate harmonisation.

Chiptuning Intellectual Property: Digital Culture Between Creative Commons and Moral Economy

by Martin Zeilinger

forthcoming in the Journal of the International Association for the Study of Popular Music (2012)

Through a multitude of restrictions imposed on how creative expressions bound in digital media can be produced,... more Through a multitude of restrictions imposed on how creative expressions bound in digital media can be produced, accessed and disseminated, contemporary intellectual property regimes strongly impact how musicians are able (or unable) to practice their craft. This essay considers how chipmusic, a fairly recent form of electronic music to emerge from the underground into popular awareness, deals with this impact. I survey the chiptune scene’s creative approach of reusing outdated technology and content from the era of 8-bit video games as well as the community’s dissemination strategies, and highlight points of contention between the critical perspectives embodied in this art form and contemporary intellectual property policy. In exploring chipmusic’s close ties to appropriation-based production techniques that are frequently seen as interfering with narrow concepts of intellectual property rights, I describe this music scene as an active site for implicit critiques of restrictive copyright regimes. In doing so, I draw, in part, on the art form’s important, if idle, links to the ‘demoscene’ amateur hacking culture of the 1980s. This will be contrasted with the chiptune community’s current reliance on Creative Commons licenses in regulating use of and access to its creations. I question whether discussing this alternative dissemination and licensing scheme can adequately describe the shared cultural norms and values that motivate chiptune practices. Responding to this question, I conclude this essay by offering the concept of a moral economy of appropriation-based creative techniques as a new framework for understanding digital creative practices which – like chiptune music – resist conventional intellectual property policy both in form and in content.

British pubs, decoder cards, and the future of intellectual property licensing in the European Union after Murphy.

by Anastasios Kaburakis

With Lindholm, J, and Rodenberg, R.

October 4, 2011 marked a new era in global sports media rights. On this day, the Grand Chamber of the European Court... more October 4, 2011 marked a new era in global sports media rights. On this day, the Grand Chamber of the European Court of Justice (ECJ) delivered its judgment in FA Premier League et al. v. QC Leisure et al. & Murphy v. Media Protection Services Ltd (“Murphy”). Murphy decided upon the legality of a scheme whereby the holder of intellectual property rights to a sporting event licenses the right to broadcast the event on a national exclusivity basis.

Experiencias memorables en la era de la música instantánea

by Hector Fouce

2012. Anàlisi, Monogràfic: Audiovisual 2.0 (Febrer 2012)

La digitalización de la música ha hecho que los soportes dejen de tener valor y ha entronizado la canción como unidad... more La digitalización de la música ha hecho que los soportes dejen de tener valor y ha entronizado la canción como unidad de escucha (breve, inmediata, aislada), hasta el punto de que muchos consideran que la ingente cantidad de música disponible devalúa la calidad de la escucha. Pero, al tiempo, ha revalorizado la experiencia presencial del directo, la lógica del estar juntos en un lugar y un momento concreto, rasgos que comparte con el arte aurático descrito por Walter Benjamin. Este artículo describe algunas de las continuidades entre las nuevas formas de producción y consumo en la música digital y en el mundo presencial, explorando sus conexiones con otros fenómenos que marcan nuestra época contemporánea.


Palabras clave: Música digital, música en directo, crisis de la industria discográfica, experiencia aurática, discos

Más allá de la crisis de la industria discográfica: redes P2P, música y experiencia generaciona

by Hector Fouce

2010. Martín Prada, J (coord) Redes y procesos P2P. Medialab Prado. Madrid.

English: http://medialab-prado.es/mmedia/4032

El debate contemporáneo sobre el uso de las redes P2P para intercambio de música tiende a focalizarse bien en la... more El debate contemporáneo sobre el uso de las redes P2P para intercambio de música tiende a focalizarse bien en la legalidad o ilegalidad de estas prácticas, bien en su relación con la crisis de la industria discográfica. Sin embargo, muy pocos trabajos han reflexionado sobre cómo las redes P2P han cambiado la experiencia cultural ligada a la música. En este trabajo, basado en la investigación “Prácticas emergentes y nuevas tecnologías: el caso de la música digital en España”, presento un pequeño estudio de caso en el que se han indagado en cómo tres grupos de edad (adolescentes, universitarios y jóvenes adultos) usan las redes P2P, cómo las valoran y cómo las ligan a su experiencia cotidiana.

Palabras clave: música digital, P2P, propiedad intelectual, audiencias música

IPinCH Newsletter 3(1:2)

by George Nicholas

Secondary liability in copyright infringement: still no 'Newz'?

by Ryan Hocking

'Entertainment Law Review', Issue 23(4) [2012] 83-90

Configurable Culture: Mainstreaming the Remix, Remixing the Mainstream

by Aram Sinnreich

My 2007 doctoral dissertation from USC Annenberg.

This dissertation examines the emergence of new musical aesthetics and practices based around networked media... more This dissertation examines the emergence of new musical aesthetics and practices based around networked media technologies, from remix music to file sharing, and argues that these “configurable” technologies and practices compel us to
reexamine our assumptions about both cultural production and social organization. The research is multi-theoretical and multi-methodological, bringing together elements of cultural studies, social network analysis, personality psychology, art history, and musicology, and drawing data primarily from personal interviews with musicians, music industry executives, and attorneys, as well as self-reported attitudes about emerging cultural practices from a survey of 1,765 American adults.

I begin by reviewing the social history of musical regulation, and the resistance that this regulation has engendered. I also propose a mechanism by which musical aesthetics influence social organization, helping to explain the universality  of musical regulation and resistance across a broad range of social milieus. I argue that the dialectical tension between these opposing ethics has operated as a vital engine of aesthetic innovation. However, I argue, this process is bounded by a discursive framework that overdetermines our understanding of music’s role in society, and that both sustains and is sustained by dominant social institutions.

Next, I demonstrate that configurable technologies and practices undermine the discursive boundaries that have been in place for the past two centuries, which I term the “modern ontological framework.” I draw upon interview and survey data to explore the ways in which musicians, lawmakers, and everyday people are developing new ways to understand music and cultural production, as the definitional binaries underpinning the modern framework continue to erode into shades of gray.

Finally, I analyze these data in an effort to determine whether a new discourse based on configurability may be replacing the modern framework, and what such a discourse might entail in terms of social organization. I describe five principles: Configurable Collectivism, The Reunion of Labor, The Collision of Public and Private, The Shift from Linearity to Recursiveness, and The Emergence of DJ Consciousness. Their net effect, I argue, suggests a roadmap for the emergence of new social forms and institutions in the networked age.

Madero, Marta (2010), Tabula Picta: Painting and Writing in Medieval Law (Material texts; Philadelphia: University of Pennsylvania Press) xi, 141 p. (Review)

by Aden Kumler

Is secrecy the new black in IP?

by Ana Ramalho

published in Journal of Intellectual Property Law & Practice (2012) 7 (5): 316-317.

Digital Marx: Toward a Political Economy of Distributed Media

by Andreas Wittel

forthcoming in spring 2012 in: tripleC, special issue 'Marx is back', eds. C. Fuchs and V. Mosco

This is the claim: In the age of mass media the political economy of media has engaged with Marxist concepts in a... more This is the claim: In the age of mass media the political economy of media has engaged with Marxist concepts in a rather limited way. In the age of digital media Marxist theory could and should be applied in a much broader sense to this field of research. The article will provide a rationale for this claim with a two step approach. The first step is to produce evidence for the claim that political economy of mass media engaged with Marxist theory in a rather limited way. It is also to explain the logic behind this limited engagement. The second step – which really is the core objective of this article – is an exploration of key concepts of Marx’s political economy - such as labour, value, property and struggle - and a brief outline of their relevance for a critical analysis of digital media. These concepts are particularly relevant for a deeper understanding of phenomena such as non-market production, peer production, and the digital commons, and for interventions in debates on free culture, intellectual property, and free labour.

Intellectual property protection and the globalization of the world economy

by Matthias Zeeb

“Nowadays It’s Like Remix World”: The Hidden Demography of New Media Ethics

by Aram Sinnreich

In submission at "Information, Communication & Society". Coauthored by Mark Latonero, Marissa Gluck and Nadia Riley.

The past decade has seen an explosion of new “configurable” cultural forms and practices, such as mashups, remixes and... more The past decade has seen an explosion of new “configurable” cultural forms and practices, such as mashups, remixes and machinima, enabled by rapidly proliferating global digital network technologies. While these new cultural forms, which blur the distinctions between traditional production and consumption, have come increasingly into contrast with the letter of copyright law, people around the globe have been developing their own ethical criteria to distinguish legitimate and illegitimate configurable practices. In the present article, we share longitudinal data from surveys fielded in 2006 and 2010, showing that not only have these practices become more prevalent, the ethical frameworks people employ to make sense of these practices have also become more complex. Finally, we analyze the demographic profiles of respondents employing each ethical framework, revealing hidden national, class and ethnic distinctions between the communities that employ these ethical frameworks.

Music and Fashion: The Balancing Act Between Creativity and Control

by Aram Sinnreich

Book chapter written for the Norman Lear Center, 2006.

Music and fashion, two creative communities that share much in common, have evolved over time to produce drastically... more Music and fashion, two creative communities that share much in common, have evolved over time to produce drastically different industries. Both communities thrive on innovation and change, spurred by the mechanisms of reconfiguration, reinterpretation and reappropriation. Both are sustained by an ever growing commons, a living archive of all that has come before. Yet music suffers from a fundamental schism separating many of the needs of the creative community and consumers from the needs of the industry that enables and exploits it. Fashion, by contrast, has succeeded in brokering a working balance between aesthetic and financial mandates.

A CRITICAL ASSESSMENT OF THE MUSIC INDUSTRY'S 'DIGITAL MUSIC REPORT'

by Donald Harper

Given these points, the aim of this paper is to draw attention to the DMR and offer some thoughts on some of the... more Given these points, the aim of this paper is to draw attention to the DMR and offer some thoughts on some of the piracy-related data contained therein. I hold the view that the current emphasis on digital piracy was based on a number of contingent events that precipitated the industry decline. Advancement in digital technology exposed the frailty of the music industry's business model. However, it is apparent that efforts to promulgate questionable statistics via the Digital Music Report are indicative of vain attempts to sustain it.