Law in the Internet Society

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TomGlaisyerPaper1EbensArgument 11 - 16 Oct 2008 - Main.TomGlaisyer
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Introduction

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 (b) The GPL, and its derivatives, are what differentiates free software from merely open source software and though a number of projects don't use the license it is entirely reasonable that without this legal vehicle participants may not have participated in the projects in the way that they have.
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That said, it is curious that a relatively modest legal artifact enforced through mechanisms of the state is said to be critical to facilitating anarchic production since anarchy, as defined by The Concise Oxford Dictionary of Politics, is "the view that society can and should be organized without a coercive state." for me this suggests that despite the attractiveness of this mode of production to users, and its success at a technical level it isn't clear to me that the term anarchic production is an adequate description and that it needs to be considered at a more micro level. It is occurring within loose organizational structures, that Stark might call heterarchical, and moreover it has thrived in conjunction with the firm though its success is because copyright privileges were assigned according to the GPL.
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That said, it is curious that a relatively modest legal artifact enforced through mechanisms of the state is said to be critical to facilitating anarchic production since anarchy, as defined by The Concise Oxford Dictionary of Politics, is "the view that society can and should be organized without a coercive state." for me this suggests that despite the attractiveness of this mode of production to users, and its success at a technical level it isn't clear to me that the term anarchic production is an adequate description and that it needs to be considered at a more micro level. It is occurring within loose organizational structures, which Stark might call heterarchical, and moreover it has thrived in conjunction with the firm though its success is because copyright privileges were assigned according to the GPL.
 - Add Benkler and peer production
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 - Mention certain case studies.
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Contexts in which these modes work best

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Ownership - Has value and also costs (day to day and over the lifecycle -> they have to be passed.

Risk - Is it lower? Lower for whom (the producer or the user - the two are conflated in teh open source context),

Is the GPL inherently more supportive of entrepreneurial approaches?

 
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- Review Noam's arguments over time
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One can make the argument that it works better if certain assumptions are in place.
 - Deishen Lee article
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Contexts in which these modes work best

- Review Noam's arguments over time -> conclusion - It only works in certain contexts

- Permanently beta -> those situations are becoming more and more frequent. Both in software itself, in production of assoicated zero marginal cost goods such as new and politics)

 - Eben
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Tendency for the anarchic mode to work more than in the past

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Conclusion

Tendency for the anarchic mode to work more than in the past

 - the consequences of zero marginal cost networks are that it is now significantly more effective than in the past
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 - the lack of profitability in the production of goods but rather in the entrepreneurship of exploiting re-combinations (the "permanently beta" argument)
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Conclusion

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but
 - necessary, but not sufficient conditions have been elaborated

Revision 11r11 - 16 Oct 2008 - 19:58:29 - TomGlaisyer
Revision 10r10 - 15 Oct 2008 - 22:56:42 - TomGlaisyer
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