Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity
83 Wash. U. L. Q. 1733
The intellectual property system has fostered many debates, including recent ones, regarding how the system affects access to knowledge. Yet, before one can access, one must preserve. Two interconnected problems posed by the growth of online creation illustrate the predicament. First, unlike analog creations, important digital creations such as e-mails and word-processed documents are mediated and controlled by second parties. Thus, although these creations are core intellectual property, they are not treated as such. Service providers and software makers terminate or deny access to people’s digital property all the time. In addition, when one dies, some service providers refuse to grant heirs access to this property. The uneven and unclear management of these creations means that society will lose access to perhaps the greatest chronicling of human experience ever. Accordingly, this Article investigates and sets forth the theoretical foundations to explain why and how society should preserve this property. In so doing the Article finds that a second problem, which can be understood as one of control, arises.
This Article is the first in a series of works aimed at investigating the nature and extent of control one may have or exert over a work. As such, this Article begins the project by examining the normative theories behind creators’, heirs’, and society’s interests in the works. All three groups have interests in preservation, but the basis for the claims differs. In addition, an examination of the theoretical basis for these claims shows that the nature of the attention economy in conjunction with labor- and persona-based property theories support the position that in life a creator has strong claims for control over her intangible creations. Yet, the Article finds that historical and literary theory combined with recent economic theory as advanced by Professors Brett Frischmann and Mark Lemley regarding spillovers—positive externalities generated by access to ideas and information—reveals two points. First, these views support the need for better preservation of digital intellectual property insofar as it is infrastructure and has the potential for spillover effects. Second, although the creator may be best placed to manage and exert control of the works at issue, once the creator dies, literary, historical, and economic theory show that the claims for control diminish if not vanish. The explication and implications of this second point are explored elsewhere. This Article lays the groundwork for seeing that creators may need and have powerful claims for access and control over their works but that these same claims are necessarily limited by an understanding of the nature of creation and creative systems. The dividing line falls between life and death. The life and death distinction that this Article offers seeks to balance creators’ interests in control over a work and society’s interests in fostering later expressions and creations of new works. This Article examines the life side of the line.
Peer to Patent: Collective Intelligence and Intellectual Property Reform
20 Harv. J. L. Tech. 123
The patent system is broken. The Constitution intended for patents to foster innovation and the promotion of progress in the useful arts. Instead, the Patent Office creates uncertainty and monopoly. Underpaid and overwhelmed examiners struggle under the burden of 350,000 applications per year and a mounting backlog of 600,000. Increasingly patents are approved for unmerited inventions. What if we could make it easier to ensure that only the most worthwhile inventions got twenty years of monopoly rights? What if we could offer a
way to protect the inventor’s investment while still safeguarding the marketplace of ideas from bad inventions? What if we could make informed decisions about scientifically complex
problems before the fact, rather than trying to reform the system ex post? What if we could harness collective intelligence to replace bureaucracy?
This Article argues that we should reform the patent system by re-designing the institution of patent examination. Our existing legal mechanisms for awarding the patent monopoly are
constructed around the outdated assumption that only expert bureaucrats can produce dispassionate decisions in the public interest. Building upon what we have learned from online and off-line systems of collaboration, we can now use the tools available to combine the
wisdom of expert scientific communities of practice with the legal determinations of a trained Patent Office staff.
The patent system is broken. The Constitution intended for patents to foster innovation and
the promotion of progress in the useful arts. Instead, the Patent Office creates uncertainty
and monopoly. Underpaid and overwhelmed examiners struggle under the burden of
350,000 applications per year and a mounting backlog of 600,000. Increasingly patents are
approved for unmerited inventions. What if we could make it easier to ensure that only the
most worthwhile inventions got twenty years of monopoly rights? What if we could offer a
way to protect the inventor’s investment while still safeguarding the marketplace of ideas
from bad inventions? What if we could make informed decisions about scientifically complex
problems before the fact, rather than trying to reform the system ex post? What if we could
harness collective intelligence to replace bureaucracy?
This Article argues that we should reform the patent system by re-designing the institution
of patent examination. Our existing legal mechanisms for awarding the patent monopoly are
constructed around the outdated assumption that only expert bureaucrats can produce
dispassionate decisions in the public interest. Building upon what we have learned from online and off-line systems of collaboration, we can now use the tools available to combine the
wisdom of expert scientific communities of practice with the legal determinations of a
trained Patent Office staff.
The Networked State
Harvard University Press
Noveck, Beth Simone
Getting Started with Open Data, A Guide for Transportation Agencies
Kaufman, Sarah M.
Getting Started with Open Data is a guide for transportation agencies that would like to release their schedule data and administrative records to the public, and need an introduction to the practice. This guide is intended to result in streamlined use of transportation services and promote a productive dialogue between agencies and their constituents. It is being released as a living document, intended for input from both transportation data owners and users, to result in the most complete open transportation data guide possible.
Leveraging Technology to Educate New Healthcare IT Leaders
Journal of Healthcare Infomation Management
The increasing need to educate healthcare IT leaders will require the use of other educational methods in addition to classroom instruction, seminars at conferences and webinars. The author has 12 years experience offering a "blended" course on healthcare IT for managers and clinicians in an MBA program. The course combines face-to-face classroom instruction with on-line discussion. This reduces the time away from work and travel required. But it has far greater benefits, including the development of a capacity to analyze situations and develop and defen solutions. Participants share knowledge and begin to grasp the differences in their environments that require attention. This method is compared with other teaching methods and its advantages are explained.
Data Collection and Information Technology: Commentary
Making the Property Tax Work in Developing and Transitional Countries (Cambridge, MA: Lincoln Institute of Land Policy Press)
Service Level Agreements - A Tool for Negotiating and Sustaining Information Technology Performance
Performance Improvement in Health Systems. Edited by Langabeer II, James R. Chicago: Healthcare Information and Management Systems Society (Chicago: HIMSS).
Scalzi, G. & Kropf, R.
A comprehensive and concise guide to performance improvement in healthcare, Performance Improvement in Hospitals and Health Systems describes the management engineering principles focused on designing optimal management and information systems and processes. The book covers topics such as:
- Key terminology and concepts in PI
- Scope, value and management of performance improvement projects
- Developing and leading performance improvement departments
- Simulation methods in patient flow
- Understanding cost and quality relationships
- Six Sigma and Lean in healthcare
- Data mining methods for process improvment
- Integrating nursing/clinical staff with performance improvement
- Evaluation and selection criteria for projects
- Decision support systems
Written for management engineers, performance improvement professionals, quality managers and internal consultants who use a combination of methods to improve systems and processes, this book has timely, practical and actionable information and valuable insights into improving the healthcare environment.
Making Information Technology Work: Maximizing the Benefits for Health Care Organizations
Health Forum/AHA Press, Chicago,
Kropf, R. & Scalzi, G.
A book for senior executives, managers and clinicians that covers the "before, during and after" stages of a health care information technology (IT) project and provides guidance on how projects can be successfully managed. It shows readers how to assess IT project value before approval, monitor whether projects are on-time and on-budget, and measure performance after implementation. Case studies and effective project management tools and techniques help readers maximize project benefits.
The Media and Communications Industries in New York City
Citizens Budget Commission, December.
Brecher, C., Roistacher, E. & Spiezio, S.
What will be the next important source of employment growth in New York City? Informed observers suggest that jobs will come from the media and communications sector. This report provides an analysis of the sector's job growth prospects in the coming years. The industries included in the sector and reviewed in the report are print media, telephone, radio and television, motion pictures and recorded music, advertising and related services, computer-related services, and news services and syndicates. Research for the report is based on compiled data on the scale and scope of media and communications activities nationally, and interviews conducted with senior executives of 23 large media and communications firms.
The Internet Backbone and the American Metropolis
Information Society, Jan-March, Vol. 16 Issue 1, p35-47, 13p.
Moss, M. L. & Townsend, A.
Despite the rapid growth of advanced telecommunications services, there is a lack of knowledge about the geographic diffusion of these new technologies. The Internet presents an important challenge to communications researchers, as it threatens to redefine the production and delivery of vital services including finance, retailing, and education. This article seeks to address the gap in the current literature by analyzing the development of Internet backbone networks in the United States between 1997 and 1999. We focus upon the intermetropolitan links that have provided transcontinental data transport services since the demise of the federally subsidized networks deployed in the 1970s and 1980s. We find that a select group of seven highly interconnected metropolitan areas consistently dominated the geography of national data networks, despite massive investment in this infrastructure over the study period. Furthermore, while prosperous and internationally oriented American cities lead the nation in adopting and deploying Internet technologies, interior regions and economically distressed cities have failed to keep up. As information-based industries and services account for an increasing share of economic activity, this evidence suggests that the Internet may aggravate the economic disparities among regions, rather than level them. Although the capacity of the backbone system has slowly diffused throughout the metropolitan system, the geographic structure of interconnecting links has changed little. Finally, the continued persistence of the metropolis as the center for telecommunications networks illustrates the need for a more sophisticated understanding of the interaction between societies and technological innovations.
The Well-Informed Lobbyist: Information and Interest-Group Lobbying
Interest Group Politics, 6th edition CQ Press,
Interest Group Politics presents a broad spectrum of scholarship on interest groups past and present. In a time of partisan parity, when control of Congress is always within reach of the minority party at the next election, interest groups have every incentive to keep the pressure on. And they do. But the imbalance of influence that tilts toward moneyed interests is one of the cornerstones of the political system.
What does this mean for equal representation? In nineteen chapters, noted political scientists explore the role of money, technology, grassroots lobbying, issue advocacy advertising, and much more in interest group influence. Students will learn how the National Rifle Association has become one of the most effective lobbying groups in America, what opportunities the openness of the American political process has offered ethnic groups both within and outside the United States, how the role of interest groups in elections has changed (including 527's), what effect religious organizations had in the 2004 elections, and how interest groups affect Supreme Court nominations.
'Forever Worthy of the Saving': Lincoln and a More Moral Union
Lincoln's American Dream Edited by in Joseph Fornieri & Kenneth Deutsch. Potomac Books.
Countering the claim that there is nothing new to be said about the 16th US president, political scientists Deutsch (State U. of New York-Geneseo) and Fornieri (Rochester Institute of Technology) introduce 33 diverse perspectives on his views and legacy. Lincoln scholars and political commentators examine such still-relevant themes as race, equality, the Constitution, executive power, war crimes, religion, and Federal vs. state rights. The last essay assumes the Lincolnian position on current debates over multiculturalism and abortion.
Healthcare in a Land Called PeoplePower: Nothing About Me Without Me
Health Expectations, Vol. 4., September 2001, Page 144
Delbanco, T., Berwick, D.M., Boufford, J.I., Edgman-Levitan, Ollenschlager, G., Plamping, D. & Rockefeller, R.G.
In a 5-day retreat at a Salzburg Seminar attended by 64 individuals from 29 countries, teams of health professionals, patient advocates, artists, reporters and social scientists adopted the guiding principle of 'nothing about me without me' and created the country of PeoplePower. Designed to shift health care from 'biomedicine' to 'infomedicine', patients and health workers throughout PeoplePower join in informed, shared decision-making and governance. Drawing, where possible, on computer-based guidance and communication technologies, patients and clinicians contribute actively to the patient record, transcripts of clinical encounters are shared, and patient education occurs primarily in the home, school and community-based organizations. Patients and clinicians jointly develop individual 'quality contracts', serving as building blocks for quality measurement and improvement systems that aggregate data, while reflecting unique attributes of individual patients and clinicians. Patients donate process and outcome data to national data banks that fuel epidemiological research and evidence-based improvement systems. In PeoplePower hospitals, constant patient and employee feedback informs quality improvement work teams of patients and health professionals. Volunteers work actively in all units, patient rooms are information centres that transform their shape and decor as needs and individual preferences dictate, and arts and humanities programmes nourish the spirit. In the community, from the earliest school days the citizenry works with health professionals to adopt responsible health behaviours. Communities join in selecting and educating health professionals and barter systems improve access to care. Finally, lay individuals partner with professionals on all local, regional and national governmental and private health agencies.
The Law of Cyber-Space: An Invitation to the Table of Negotiations
United Nations Institute for Training and Research: Geneva, October
The Law of Cyber-Space is a sequel to the earlier work on Information Insecurity, in which it had been pointed out that the absence of globally harmonized legislation was turning cyber-space into an area of ever increasing dangers and worries.
It lays down the parameters for a Law of Cyber-Space, and argues in favour of starting negotiations with the full participation of the three concerned stake-holders, namely, the governments, the private sector, and civil society.
In many ways, the situation in cyber-space is similar to the problems faced in dealing with the High Seas, where the absence of any consensus legislation had also created an avoidable and acute vacuum. The international community finally woke up to the challenge, and started negotiations on the Law of the Sea. Those negotiations went on for almost a decade before they succeeded. The world is much better off as a result.
In the case of cyber-space, the challenge is far greater. The speed of change is phenomenal, new shoals and icebergs appear every day, the dangers affect all countries without exception, but global responses are sporadic or non-existent. That is why a globally negotiated and comprehensive Law of Cyber-Space is so essential.
The Role of the Real City in Cyberspace: Understanding Regional Variations in Internet Accessibility and Utilization
Originally Published in Information, Place, and Cyberspace: Issues in Accessibility. D.G. Janelle and D.C. Hodge (eds.). 2000 by Springer-Verlag.
Moss, M. & Townsend, A.
Since 1993, when the first graphical web browser, Mosaic, was released into the public domain, the Internet has evolved from an obscure academic and military research network into an international agglomeration of public and private, local and global telecommunications systems. Much of the academic and popular literature has emphasized the distance-shrinking implications and placelessness inherent in these rapidly developing networks. However, the relationship between the physical and political geography of cities and regions and the virtual (or logical) geography of the Internet lacks a strong body of empirical evidence upon which to base such speculation.
This chapter presents the results of a series of studies conducted from June 1996 to August 1998. Our research suggests there is a metropolitan dominance of Internet development by a handful of cities and regions. We identity and describe an emerging structure of "virtual" hubs and pathways which are linking a set of major cities in the United States, suggesting that there is a complex emerging inter-urban communications network that goes far beyond Castells' (1989) informational mode of development.
Where's the Power in the Empowerment Zone?
City Journal, spring.
Tracking the 'Net: Using Domain Names to Measure the Growth of the Internet in U.S. Cities
Journal of Urban Technology, Vol. 4: No. 3.
Technology and Cities
Cityscape, Vol. 53: No. 3.
Net Equity: A Report on Income and Internet Access
Journal of Urban Technology, Vol. 5: No. 3, Dec. .
Moss, M. & Mitra, S.
The NYSE Masters In-Your-Face Technology
Grid, Vol 1: No. 1, winter.