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The evolution of activism against the expansion of copyright in the digital domain, with case studies of resistance including eBook and iTunes hacks.The movement against restrictive digital copyright protection arose largely in response to the excesses of the Digital Millennium Copyright Act (DMCA) of 1998. In The Digital Rights Movement, Hector Postigo shows that what began as an assertion of consumer rights to digital content has become something broader: a movement concerned not just with consumers and gadgets but with cultural ownership. Increasingly stringent laws and technological measures are more than incoveniences; they lock up access to our “cultural commons.”Postigo describes the legislative history of the DMCA and how policy “blind spots” produced a law at odds with existing and emerging consumer practices. Yet the DMCA established a political and legal rationale brought to bear on digital media, the Internet, and other new technologies. Drawing on social movement theory and science and technology studies, Postigo presents case studies of resistance to increased control over digital media, describing a host of tactics that range from hacking to lobbying.Postigo discusses the movement's new, user-centered conception of “fair use” that seeks to legitimize noncommercial personal and creative uses such as copying legitimately purchased content and remixing music and video tracks. He introduces the concept of technological resistance—when hackers and users design and deploy technologies that allows access to digital content despite technological protection mechanisms—as the flip side to the technological enforcement represented by digital copy protection and a crucial tactic for the movement.
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A movement emerges to challenge the tightening of intellectual property law around the world.At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of “access to knowledge” or “A2K.” They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new “free culture” movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.
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Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The
intellectual property --- traditional knowledge --- indigenous studies
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Intellectual, biological and cultural property rights are a powerful and debatable topic. They offer the possibility for protection of rights to intangible resources, including the products of knowledge and creativity. The forces of globalisation have made this subject of immediate, international concern. Struggles for ownership of intellectual property occur between and within local and global arenas. This book examines important questions which Papua New Guinea must ask in the development of intellectual property legislation. The chapters are written by specialists in the fields of medicine, law, the environment, music, genetics and traditional cultural knowledge. The wise and creative protection of intellectual, biological and cultural property is important if Papua New Guinea is to successfully define and realise its future. This book is for all those interested in finding the best policies for protecting these rights wherever they may live and work.
papua new guinea --- intellectual property --- indigenous studies
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Knowledge in the Age of Digital Capitalism proposes a new critical theory concerning the functioning of capitalism and how we consider knowledge and information. This ambitious book systematically and lucidly introduces contemporary phenomena into the framework of cognitive materialism to address some of the great themes of the social sciences: knowledge, exploitation and social class in an account of capitalism as totality in the present day. Author Mariano Zukerfeld reinvigorates materialist study of communications, presenting a typology of knowledge to explain the underlying material forms of information, intellectual property and cognitive work in contemporary societies. Using current examples the book also examines concerns such as free labour and the pivotal role of intellectual property. The book offers nothing less than an introduction to the theory of cognitive materialism and an account of the entirety of the digital (or knowledge) capitalism of our time.
intellectual property --- marxism --- materialism --- capitalism --- cognitive --- knowledge
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India and the Patent Wars examines struggles over patents and access to medicine among pharmaceutical producers, activists and others under a new global intellectual property regime. In the past two decades, intellectual property rights have expanded throughout the globe creating a world in which protections for patents and copyrights have increased and a growing range of knowledge and practices are claimed as property. Driving these changes are U.S. court decisions, the policies of multinational corporations, and the World Trade Organization (WTO). Resistance to this regime has emerged in low-income countries among public health activists concerned about the rising cost of medicines for HIV/AIDS and indigenous peoples who now see their knowledge as vulnerable and pursue ownership claims for their medical and cultural practices.
Economics --- Medicine --- India --- Pharmaceuticals --- Intellectual Property --- Activism
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Creativity and Its Discontents is a sharp critique of the intellectual property rights (IPR) – based creative economy, particularly as it is embraced or ignored in China. Laikwan Pang argues that the creative economy — in which creativity is an individual asset to be commodified and protected as property — is an intensification of Western modernity and capitalism at odds with key aspects of Chinese culture. Nevertheless, globalization has compelled China to undertake endeavors involving intellectual property rights. Pang examines China's IPR-compliant industries, as well as its numerous copyright violations. She describes how China promotes intellectual property rights in projects such as the development of cultural tourism in the World Heritage city of Lijiang, the transformation of Hong Kong cinema, and the cultural branding of Beijing. Meanwhile, copyright infringement proliferates, angering international trade organizations.
Media & Communications --- China --- Media --- Intellectual Property --- Copyright
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Knowledge, Spirit, Law is a de facto phenomenology of scholarship in the age of neoliberal capitalism. The eleven essays (plus Appendices) in Book 1: Radical Scholarship cover topics and circle themes related to the problems and crises specific to neoliberal academia, while proposing creative paths around the various obstructions. The obstructions include metrics-obsessed academia, circular and incestuous peer review, digitalization of research as stalking horse for text- and data-mining, and violation by global corporate fiat of Intellectual Property and the Moral Rights of Authors. These issues, while addressed obliquely in the main text, definitively inform the various proscriptive aspects of the essays and, via the Introduction and Appendices, underscore the necessity of developing new-old means to no obvious end in the production of knowledge — that is to say, a return to forms of non-instrumentalized intellectual inquiry. To be developed in two concurrent volumes, Knowledge, Spirit, Law will serve as a “moving and/or shifting anthology” of new forms of expression in humanistic studies. Book 2: The Anti-Capitalist Sublime will be published in Autumn 2017.
film studies --- intellectual property --- epistemology --- anti-capitalism
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The German Copyright Law grants an absolute right to authors, i.e., any use of protected works requires the author's prior consent. This concept is known as opt-in. In this doctoral thesis the author examines five models which turn this concept upside down as they provide for the permission for certain beneficiaries to use protected works without the author's prior consent until the author objects to such use. This concept is known as opt-out. Also, the examined models contain elements of collectivization and, in particular, involve collecting societies. The author examines and compares these models and answers the question whether the underlying opt-out concept together with collectivization may be generalized so that it could replace opt-in.
opt-out --- copyright --- intellectual property rights --- industrial property rights
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As the description of the 2012 ATRIP congress’s theme highlights, traditionally, scholars have used historical, doctrinal or comparative analyses, law and economics, political economy or philosophy, to discuss intellectual property law. Other methods such as empirical analysis, international relations, and human development are more recent. This chapter looks at intellectual property law in a new way, namely through the angle of happiness or well-being research. The field of happiness research is not that recent but strangely, so far, happiness researchers have hardly discussed the relationship between well-being and technology despite the pervasive role of the latter in contemporary society. Likewise, the discussion of happiness is also rare in the legal field (except of course in (mental) health law) and it is absent from intellectual property law, except indirectly through the discussion of the capability approach in the discourse on intellectual property and development. I consciously leave the capability approach for another article but it needs to be noted that there are parallels to be drawn between the application of happiness research on the one hand and the capability approach on the other hand, to intellectual property law. In effect, the two approaches converge or are complementary in many respects. There is a debate to be had about the value of happiness research for the field of intellectual property law.
intellectual property --- empirical analysis --- international relations --- happiness --- well-being --- technology
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