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cc-eyebeam - Re: [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons

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Subject: Creative Commons-Eyebeam Forum 2003 November 12-19

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: cc-eyebeam AT lists.ibiblio.org
  • Subject: Re: [cc-eyebeam] Re: OpenLaw, Chilling Effects, Creative Commons
  • Date: Sun, 16 Nov 2003 23:49:20 +0000

the distributed approach behind your legal innovations is fascinating, but I presume you and your colleagues didn't exactly learn it in law schools and law firms.

Along these lines -- of open-source influencing law and beyond -- here's a great article from Wired this month:

http://www.wired.com/wired/archive/11.11/opensource.html

In "Open Source Everywhere," author Thomas Goetz advises us to "get ready for the era when collaboration replaces the corporation."

Thought-provoking stuff. What limits do you think the model has? Will far-flung digital collaboration work for all sorts of production needs, or only a narrow band of them?

For those who want to dig a little deeper on this topic, or who want to think about the economics behind it, I strongly recommend Yochai Benkler's "Coase's Penguin, or Linux and the Nature of the Firm" -- <http://www.benkler.org/CoasesPenguin.html>.

--Glenn

The Swarthmore case offers a parallel case: the students went out on a limb to publicize the embarrassing documents, but the university caved to pressure from Diebold and removed the documents from its network. As Swarthmore sophomore Nelson Pavlosky put it, "We feel like they wimped out." (<A Href="http://truthout.org/docs_03/110403E.shtml"; target="_blank">http://truthout.org/docs_03/110403E.shtml</A>)

I have a hunch the chutzpah of students like Pavlosky isn't just naivete. Conditioned by Napster and other file-sharing programs created by and for 20-year-olds, this generation thinks in a distributed way. If so, what will happen to their natural inclination once it collides head-on with the hierarchic culture they will inherit?

jon
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