dc.contributor.author |
Rose, Carol M. |
en_US |
dc.date.accessioned |
2009-07-31T14:50:20Z |
|
dc.date.available |
2009-07-31T14:50:20Z |
|
dc.date.issued |
2003 |
en_US |
dc.date.submitted |
2007-09-28 |
en_US |
dc.date.submitted |
2007-09-28 |
en_US |
dc.identifier.uri |
https://hdl.handle.net/10535/2465 |
|
dc.description.abstract |
From p. 90-91:
"In this paper, I am going to leverage this point of the comparative advantage of publicness in Intellectual Space. To do so, I will turn to the other side, to Tangible Space, to ask whether there is a case to be made even here for the public domain. One would think that if the public domain is at all attractive in Tangible Space, where there is such a strong argument to the contrary based on the potential waste of resources, then the arguments for the public domain should be even more compelling in Intellectual Space, where the counter-arguments for exclusivity are cut in half.
"Ultimately, I will conclude that to some degree this surmise is true -- that the arguments for the public domain are more persuasive in Intellectual Space -- but the examination of 'publicness' in Tangible Space reveals a number of considerations and limitations, some of which carry over into Intellectual Space. I am going to work through those considerations by reflecting on a very old body of thought, namely the Roman law's categories of nonexclusive property. Anything that I say here should be taken, as the Romans said, cum grano salis, because I am at best a novice both in Roman law and in matters of intellectual property. All the same, I will suggest that the Roman law's reasons for the 'publicness' of some tangible property might carry some weight in the intellectual realm as well -- but so do some of the Roman law's limitations and qualifications on the 'publicness' of property." |
en_US |
dc.subject |
public domain |
en_US |
dc.subject |
intellectual property rights |
en_US |
dc.subject |
public--private |
en_US |
dc.subject |
Internet |
en_US |
dc.subject |
privatization |
en_US |
dc.subject |
communication |
en_US |
dc.title |
Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age |
en_US |
dc.type |
Journal Article |
en_US |
dc.type.published |
published |
en_US |
dc.subject.sector |
Information & Knowledge |
en_US |
dc.identifier.citationjournal |
Law and Contemporary Problems |
en_US |
dc.identifier.citationvolume |
66 |
en_US |
dc.identifier.citationnumber |
1&2 |
en_US |
dc.identifier.citationmonth |
January |
en_US |
dc.submitter.email |
aurasova@indiana.edu |
en_US |