Monday, July 26, 2004

More SSRN Articles. David McGowann has an article entitled "SCO What? Rhetoric, Law, and the Future of F/OSS Production." From the abstract" "Using litigation between The SCO Group and IBM as an example, this essay relates the rhetoric that drives open-source software as a social movement to legal issues open-source production faces. The essay argues that social movement rhetoric creates noise that makes legal issues more difficult to understand and resolve."

Jean Nicholas Druey has an article entitled "Information Cannot be Owned: There is More of a Difference than Many Think." From the abstract: "Apart from technology, the information age has up to now badly served its idol. It has failed sufficiently to recognize specific features of information. This is shown with respect to the question whether legal rights on information can take the form of ownership. The answer is negative considering that communication by its very nature is free and constitutes a basic value, and furthermore that law is itself information and cannot systematically dispose of information flows."

Raymond Shih Ray Ku has an article entitled "Copyright, the Constitution & Progress." From the abstract: "This essay builds upon his existing scholarship, in which Professor Ku argues that the new economics of digital technology question the application of copyright's exclusive rights to file sharing because peer-to-peer technology eliminates the need for distributor middlemen. And, a system of levies and compulsory licenses would guarantee compensation for artists while providing the public with unlimited access to the collective works of humanity."

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