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Bringing together expert rhetorical theorists and technologists, this book explores our current understanding of, and attitudes toward, ethos, credibility, and trust in today's changing technological landscape.Recent advancements in technology, including the development of digital technologies, the growth of algorithmic machine learning and artifical intelligence, and the circulation of disinformation in social media, necessitate a reevaluation of ethos. To explore the rhetorical concept of ethos, which is the perceived character of a speaker, contributors theorize how ethos is enabled, constrained, and constituted through new communication technologies. In this edited collection, chapters address key philosophical questions concerning the rhetorical capacities of modern communicating machines such as ChatGPT, Midjourney, or other digital platforms. Through case studies, new theorizing, and critical inquiry, contributors contemplate the changing relationship between humans and technology in rhetoric and ethos, revealing contemporary tensions and insecurities regarding issues including authenticity and authorship.This book will be of interest to students and scholars in the fields of Rhetoric, Communication Studies, Technology Studies, Digital Humanities, and Cultural Studies.

In economic theory and in management studies, innovation is widely regarded as the motor of economic activities and as being the primary source of renewal in the economic system. This view emphasizes how innovation work is organized in specialized teams inside the firm, or, alternatively, located to start-ups and similar small ventures that are strongly incentivized to innovate to survive. Rather than assuming that innovation work is a mere product of incentives provided by the market system, propelled by the individual and collective skills of the innovation team participants and the resources that they mobilize in their work, this volume examines how a market for innovation ideas is being constructed on the basis of policy making and legislative activities. Innovation Management and the Law examines how the idea of value creation is understood to be a matter of innovation activities and how such innovation activities are premised on legal rights that create not only incentives, corporations, and markets, but also more widely signal to market actors what kind of activities are consistent with policy makers'economic and social welfare objectives. The volume thus adds to the innovation management literature by introducing a comprehensive analysis of the patent system, illustrating that the patent system is itself an institution and that it should be examined in such terms when studying how innovations are generated on the basis of team production activities and legal rights that are enforceable. It will be of interest to researchers, academics, professionals, and advanced students in the fields of management, economic theory, and law.

This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework.Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of'competition'and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation.The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.

As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change.The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors'ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

The book provides an up-to-date, comprehensive, and critical explanation of digital commons in China.It aims to reshape the theoretical discussion of digital commons, stressing the significance of digital mode of production and power division structure between government and digital platforms—both characters shed light on how China has developed its digital economy and maintained a relatively innovative cyberspace during the past 20 years. This book could serve as a foundational analysis for future studies on China's Internet.The book will appeal to scholars, entrepreneurs, and policymakers interested in digital commons, governance of cyberspace, and China's political economy.

With more than 14,000 business schools worldwide, what is included in their curricula matters for how the economy and the corporate system are managed. Business schools should be subject to scholarly inquiries and critical reflection. While many studies of business schools examine its general role in the tertiary education system and in society more broadly, this volume examines how one specific theoretical perspective and a normative model derived therefrom were developed and gradually appropriated within the business school setting. This volume demonstrates that agency theory, based on a daring conjecture that firms can be construed as bundles of contacts, rose to prominence in the business school context. It examines how the elementary proposition of agency theory, that the firm is to be considered theoretically and practically as a'nexus of contracts,'was never consistent with corporate law and contract law, and it was empirically unsubstantiated.Business schools are under pressure to teach not only practically useful theories and models, but also theories that are also scientifically qualified. Despite having this ambition, certain theories are widely taught despite failing to live up to such declared ambitions, which means that business schools may be criticized for including theories on ambiguous grounds in the curricula. This book examines how business schools seek to honour the ambition to teach both scientifically verified theories and practically useful concepts and models, and how the tensions derived from this duality may be problematic to handle. It will be of interest to researchers, academics, and advanced students in the fields of management education, organizational studies, and legal theory.

This edited volume explores the intersection between the coded realm of the video game and the equally codified space of law through an insightful collection of critical readings.Law is the ultimate multiplayer role-playing game. Involving a process of world-creation, law presents and codifies the parameters of licit and permitted behaviour, requiring individuals to engage their roles as a legal subject – the player-avatar of law – in order to be recognised, perform legal actions, activate rights or fulfil legal duties. Although traditional forms of law (copyright, property, privacy, freedom of expression) externally regulate the permissible content, form, dissemination, rights and behaviours of game designers, publishers, and players, this collection examines how players simulate, relate, and engage with environments and experiences shaped by legality in the realm of video game space.Featuring critical readings of video games as a means of understanding law and justice, this book contributes to the developing field of cultural legal studies, but will also be of interest to other legal theorists, socio-legal scholars, and games theorists.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights.The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users'acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content's infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users'access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.

This accessible, student-friendly book provides a concise overview of the primary debates surrounding the impact and effects of social media.From Facebook, Twitter, and Instagram to Snapchat and TikTok, social media has become part of our everyday experience. However, its proliferation has brought a myriad of serious concerns about the long-term effects of social media on socializing and personal relationships and the impact on well-being and mental health (particularly in relation to children and adolescents), as well as issues linked to information and culture (such as privacy, misinformation, and manipulation). Featuring contributions by leading international scholars and established authorities such as Christian Fuchs, Henry Jenkins, Michael A. Stefanone, and Joan Donovan, editor Devan Rosen brings together key contemporary research from multiple disciplines in order to provide crucial insight into these debates.This book will be an important resource for students and scholars of media and communication, as well as educators, parents, policy makers, and clinicians interested in the impacts of social media.

This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors.As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape.Technology not only disrupts the traditional idea of what it is ‘to think like a lawyer,'as per Law 1.0; it presents major challenges to regulators who are reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules – thus, we are introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have, and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0, but from 2020 onward, Law 3.0 is the conversation that we all need to join. And, as this book argues, law and the evolution of legal reasoning cannot be adequately understood unless we grasp the significance of technology in shaping both legal doctrine and our regulatory thinking.This is a book for those studying, or about to study, law – as well as others with interests in the legal, political, and social impact of technology.

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an'onto-epistemological offset'. It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

Power and Authority in Internet Governance investigates the hotly contested role of the state in today's digital society. The book asks: Is the state'back'in internet regulation? If so, what forms are state involvement taking, and with what consequences for the future?The volume includes case studies from across the world and addresses a wide range of issues regarding internet infrastructure, data and content. The book pushes the debate beyond a simplistic dichotomy between liberalism and authoritarianism in order to consider also greater state involvement based on values of democracy and human rights. Seeing internet governance as a complex arena where power is contested among diverse non-state and state actors across local, national, regional and global scales, the book offers a critical and nuanced discussion of how the internet is governed – and how it should be governed.Power and Authority in Internet Governance provides an important resource for researchers across international relations, global governance, science and technology studies and law as well as policymakers and analysts concerned with regulating the global internet.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-ND) 4.0 license.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law?Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations.Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

Rent Seeking and Human Capital: How the Hunt for Rents Is Changing Our Economic and Political Landscape explores the debates around rent seeking and contextualizes it within the capitalist economy. It is vital that the field of economics does a better job of analyzing and making policy recommendations that reduce the opportunities and rewards for rent seeking, generating returns from the redistribution of wealth rather than wealth creation. This short and provocative book addresses the key questions: Who are the rent seekers? What do they do? Where do they come from? What are the consequences of rent seeking for the broader economy? And, finally: What should policymakers do about them? The chapters examine the existing literature on rent seeking, including looking at the differences between rent seeking and economic rent. The work provides an in-depth look at the case of the impact of rent seeking degrees in the United States, particularly in business and law, and explores potential policy remedies, such as a wealth tax, changes to the rules on financial transactions, and patent law reform. This text provides an important intervention on rent seeking for students and scholars of heterodox economics, political economy, inequality, and anyone interested in the shape of the modern capitalist economy.

The Routledge Handbook of Reenactment Studies provides the first overview of significant concepts within reenactment studies. The volume includes a co-authored critical introduction and a comprehensive compilation of key term entries contributed by leading reenactment scholars from Europe, North America, and Australia. Well into the future, this wide-ranging reference work will inform and shape the thinking of researchers, teachers, and students of history and heritage and memory studies, as well as cultural studies, film, theater and performance studies, dance, art history, museum studies, literary criticism, musicology, and anthropology.

This book sets out cutting-edge new research and examines future prospects on 360-degree video, virtual reality (VR), and augmented reality (AR) in journalism, analyzing and discussing virtual world experiments from a range of perspectives.Featuring contributions from a diverse range of scholars, Immersive Journalism as Storytelling highlights both the opportunities and the challenges presented by this form of storytelling. The book discusses how immersive journalism has the potential to reach new audiences, change the way stories are told, and provide more interactivity within the news industry. Aside from generating deeper emotional reactions and global perspectives, the book demonstrates how it can also diversify and upskill the news industry. Further contributions address the challenges, examining how immersive storytelling calls for reassessing issues of journalism ethics and truthfulness, transparency, privacy, manipulation, and surveillance, and questioning what it means to cover reality when a story is told in virtual reality. Chapters are grounded in empirical data such as content analyses and expert interviews, alongside insightful case studies that discuss Euronews, Nonny de la Peña's Project Syria, and The New York Times'NYTVR application. This book is written for journalism teachers, educators, and students, as well as scholars, politicians, lawmakers, and citizens with an interest in emerging technologies for media practice. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780367713294, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards.This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.Chapter 26 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Attorney and legal scholar Daxton Stewart examines the intersection of media law and science fiction, exploring the past, present, and future of communication technology and policy debates.Science fiction offers a vast array of possibilities anticipating future communication technologies and their implications on human affairs. In this book, Stewart looks at potential legal challenges presented by plausible communication technologies that may arise 20 or 50 or 100 years from today. Performing what he calls'speculative legal research,'Stewart identifies the kinds of topics we should be talking about relating to speech, privacy, surveillance, and more, and considers the debates that would be likely to arise if such technologies become a reality. Featuring interviews with prominent science fiction authors and legal scholars, and a foreword by Malka Older, this book considers the speculative solutions of science fiction and their implications in law and policy scholarship. Chapters feature specific literary examples to examine how cultural awareness and policy creation are informed by fictional technology, future societies, and legal disputes.Looking forward, beyond traditional legal research and scholarship to the possible and even very likely future of communication technology, this fascinating work of speculative legal research will give students and scholars of media law, science fiction, and technology much to discuss and debate.

The third edition of Economic Foundations of Law introduces readers to the economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation, and labor law. No prior knowledge of law is required, but a prior course in the principles of microeconomics would be quite helpful.The text opens with a review of the basic principles of price theory and an overview of the legal system, to ensure readers are equipped with the tools necessary for economic analysis of the law. The third edition provides expanded or new coverage of key topics including intellectual property law, how the creation of new forms of property rights affects the conservation of species such as elephants and fish, controversies involving liability for medical malpractice and class actions, the transformation of personal injury litigation by the intervention of insurance companies as plaintiffs, how to predict the outcome of litigation with game theory, an economic analysis of the ownership and use of guns, bankruptcy law, and the economics of bank regulation.Comprehensive and well-written, this text is a compelling introduction to law and economics that is accessible to both economics and law students.

Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the creative process?This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates – the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theories, and offers new legal-theoretical justifications for the right to make derivative works.As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars, and practitioners interested in intellectual property and copyright law.

An essential part of human expression, humor plays a role in all forms of art, and humorous and comedic aspects have always been part of popular music. For the first time, The Routledge Companion to Popular Music and Humor draws together scholarship exploring how the element of humor interacts with the artistic and social aspects of the musical experience. Discussing humor in popular music across eras from Tin Pan Alley to the present, and examining the role of humor in different musical genres, case studies of artists, and media forms, this volume is a groundbreaking collection that provides a go-to reference for scholars in music, popular culture, and media studies.While most scholars, when considering humor's place in popular music, tend to focus on more'literate'forms, the contributors in this collection seek to fill in the gaps by surveying all kinds of humor, critical theories, and popular musics. Across eight parts, the essays in this collection explore topics both highbrow and low, including: Parody and satire Humor in rock and global music Gender, sexuality, and politics The music mockumentary Novelty songs Humor has long been a fixture of the popular music soundscape, whether on stage, in performance, on record, or on film. The Routledge Companion to Popular Music and Humor covers it all, presenting itself as the most comprehensive treatment of the topic to date.

This edited volume provides a convenient entry point to the cutting-edge field of the international politics of technology, in an interesting and informative manner. Technology and World Politics introduces its readers to different approaches to technology in global politics through a survey of emerging fusions of Science and Technology Studies and International Relations. The theoretical approaches to the subject include the Social Construction of Technology, Actor-Network Theory, the Critical Theory of Technology, and New Materialist and Posthumanist approaches. Considering how such theoretical approaches can be used to analyse concrete political issues such as the politics of nuclear weapons, Internet governance, shipping containers, the revolution in military affairs, space technologies, and the geopolitics of the Anthropocene, the volume stresses the socially constructed and inherently political nature of technological objects.Providing the theoretical background to approach the politics of technology in a sophisticated manner alongside a glossary and guide to further reading for newcomers, this volume is a vital resource for both students and scholars focusing on politics and international relations.

Focused on mapping out contemporary and future domains in philosophy of technology, this volume serves as an excellent, forward-looking resource in the field and in cognate areas of study. The 32 chapters, all of them appearing in print here for the first time, were written by both established scholars and fresh voices. They cover topics ranging from data discrimination and engineering design, to art and technology, space junk, and beyond. Spaces for the Future: A Companion to Philosophy of Technology is structured in six parts: (1) Ethical Space and Experience; (2) Political Space and Agency; (3) Virtual Space and Property; (4) Personal Space and Design; (5) Inner Space and Environment; and (6) Outer Space and Imagination. The organization maps out current and emerging spaces of activity in the field and anticipates the big issues that we soon will face.

During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve.Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country's national constitutions.

This book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.

The political economy of research and innovation (R&I) is one of the central issues of the early twenty-first century. ‘Science'and ‘innovation'are increasingly tasked with driving and reshaping a troubled global economy while also tackling multiple, overlapping global challenges, such as climate change or food security, global pandemics or energy security. But responding to these demands is made more complicated because R&I themselves are changing. Today, new global patterns of R&I are transforming the very structures, institutions and processes of science and innovation, and with it their claims about desirable futures. Our understanding of R&I needs to change accordingly.Responding to this new urgency and uncertainty, this handbook presents a pioneering selection of the growing body of literature that has emerged in recent years at the intersection of science and technology studies and political economy. The central task for this research has been to expose important but consequential misconceptions about the political economy of R&I and to build more insightful approaches. This volume therefore explores the complex interrelations between R&I (both in general and in specific fields) and political economies across a number of key dimensions from health to environment, and universities to the military.The Routledge Handbook of the Political Economy of Science offers a unique collection of texts across a range of issues in this burgeoning and important field from a global selection of top scholars. The handbook is essential reading for students interested in the political economy of science, technology and innovation. It also presents succinct and insightful summaries of the state of the art for more advanced scholars.

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Privacy is a complex and controversial right. The essays in this book address fundamental issues about its value and how best it may be defined. Some of them examine its importance and scope in the context of the information society in which both government and business acquire ever more knowledge about the conduct and attitudes of individuals. Others address the use of privacy to protect the rights of women and to protect individuals against the media.

Today, it has been said, the world is'flat,'as online media allow information to move easily from point to point across the earth. International legal differences, however, are increasingly affecting the ease with which data and ideas can be shared across nations. Copyright law, for example, affects the international flow of materials by stipulating who has the right to replicate or to share certain kinds of content. Similarly, perspectives on privacy rights can differ from nation to nation and affect how personal information is shared globally. Moreover, national laws can affect the exchange of ideas by stipulating the language in which information must be presented in different geopolitical regions. Today's technical communicators need to understand how legal factors can affect communication practices if they wish to work effectively in global contexts. This collection provides an overview of different legal aspects that technical communicators might encounter when creating materials or sharing information in international environments. Through addressing topics ranging from privacy rights and information exchange to the legalities of business practices in virtual worlds and perspectives on authorship and ownership, the contributors to this volume examine a variety of communication-based legal issues that can cause problems or miscommunication in international interactions. Reviewing such topics from different perspectives, the authors collectively provide ideas that could serve as a foundation for creating best practices on or for engaging in future research in the area of legal issues in international settings.

Alongside its positive impact of providing a global reach, the Internet is prone to a variety of abuses. In the 1990s it was unauthorised access of computers and impairment of the operation of computers through the introduction of viruses and worms that took centre stage. Since then the potential of the Internet for fraudulent activities has been realised by the criminal fraternity and, in recent years, we have seen, for instance, the rise of identity theft and the widespread distribution of offensive and illegal materials. The collection of essays in this volume, while being highly selective, provides a snapshot of the parameters of computer crime, the legal response and discussions surrounding ways to improve the security of cyberspace.

How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

This volume reproduces writings, social teachings, testimonies and reports of figures as diverse as Karl Marx, Victor Hugo, Charles Dickens and Mark Twain, and bodies such as the US Congress. Extracted material charts the development of an international system of copyright regulation, and the growth, in the 20th century, of copyright industries benefitting from new copyright laws. In the second half of the 19th century, many writers and thinkers, like Marx, attacked capital, and its corollary, property rights. Some writers, such as Victor Hugo, while exposing the horrors of poverty and social alienation, demanded for authors rights of property. The modern system of copyright substantially originates from the efforts of Hugo and others. Articles by leading US copyright scholars such as Jessica Litman and Tim Wu explain the development of copyright law in the 20th century, and are complemented by reproduction of key copyright cases in the US and UK, as well the primary copyright legislation in those countries. Contributors examine critically whether copyright law in the 20th century developed to encourage information dissemination or enable producers to control the supply of information for super profit.

This volume shows how, since 1950, the growth of copyright regulation has followed, and enabled, the extraordinary economic growth of the entertainment, broadcasting, software and communications industries. It reproduces articles written by an extensive list of leading thinkers. US scholars represented in readings include James Boyle, Lawrence Lessig, Pamela Samuelson, Mark Lemley, Alfred Yen, Julie Cohen, Peter Jaszi and Eben Moglen. Leading non-US contributors include Alan Story, Brian Fitzgerald and Peter Drahos. These and other authors explain copyright origins, the development of the law, the theory of enclosure, international trends, recent developments, and current and future directions. Today, the copyright system is often portrayed as an engine of growth, and effective regulation as a predictor of economic development. However, critics see dangers in the expansion of intellectual property rights. The articles in this volume focus principally on the digital age, examining how copyright regulation is likely to affect goals of dissemination and access.

The digital media environment is characterized by an abundance and diversity of content, a multiplicity of platforms, new modes of content production, distribution and access, and changed patterns of consumer and business behaviour. This has challenged the traditional model of public service broadcasting (PSB) in diverse ways.This book explores whether and how PSB should adapt to reflect the conditions of the digital media space so that it can effectively and efficiently continue to serve its public mandate. Drawing on literature on media governance in media and communication science, public international law as well as discussions on cyberlaw, Mira Burri maps and critically analyses existing policy and scholarly debates on PSB transformation. She challenges some of conventional rationales for reform, identifies new ones, as well as exposes the limitations placed upon existing and future policy solutions by global media governance arrangements, especially in the fields of trade, copyright and Internet governance. The book goes on to advance a future-oriented model of Public Service Media, which is capable of matching an environment of technological and of governance complexity.As a work that explores how public interest objectives can be pursued efficiently and sustainably in the digital media ecology, this book will be of great interest and use to students and researchers in media law, information technology law, and broadcast media studies, as well as to policy-makers.

The Free and Open Source Software (FOSS) movement demonstrates how labour can self-organise production, and, as is shown by the free operating system GNU/Linux, even compete with some of the worlds largest firms. The book examines the hopes of such thinkers as Friedrich Schiller, Karl Marx, Herbert Marcuse and Antonio Negri, in the light of the recent achievements of the hacker movement. This book is the first to examine a different kind of political activism that consists in the development of technology from below.

This textbook places the relationship between law and economics in its international context, explaining the fundamentals of this increasingly important area of teaching and research in an accessible and straightforward manner. In presenting the subject, Alan Devlin draws on the neoclassical tradition of economic analysis of law while also showcasing cutting- edge developments, such as the rise of behavioural economic theories of law.Key features of this innovative book include: case law, directives, regulations, and statistics from EU, UK, and US jurisdictions are presented clearly and contextualised for law students, showing how law and economics theory can be understood in practice; succinct end- of-chapter summaries highlight the essential points in each chapter to focus student learning; further reading is provided at the end of each chapter to guide independent research. Making use of tables and diagrams throughout to facilitate understanding, this text provides a comprehensive overview of law-and-economics that is ideal for those new to the subject and for use as a course text for law-and-economics modules.

This book seeks to think differently about what we recognize as'global institutions'and how they could work better for the people who need them most. By so doing, the contributions show that there is a group of institutions that influence enough people's lives in significant enough ways through what they protect, provide or enable that they should be considered, together, as global institutions. The United Nations, the World Bank, the internet as well as private military and security companies leave a heavy footprint on the social, political and economic landscape of the planet. We are all aware in different ways of the existence of these global institutions but their importance in achieving change in the twenty-first century is often underestimated. In this book, contributors seek to explain what associations exist between change in global institutions and the reduction of poverty and inequality as well as the achievement of security and justice. The work makes sense of processes of change and identifies the most significant obstacles that exist, offering suggestions for future action that will be of interest to students and scholars of global institutions.

The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation.Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.

International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy.This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this.By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz's interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional'or ‘indigenous'and held in ways which are not ‘traditional'or ‘customary', may be accommodated in emerging traditional knowledge laws.

This book explores what the American Civil Liberties Union calls the'third era'in cyberspace, in which filters'fundamentally alter the architectural structure of the Internet, with significant implications for free speech.'Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users'infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.

Contemporary media authorship is frequently collaborative, participatory, non-site specific, or quite simply goes unrecognized. In this volume, media and film scholars explore the theoretical debates around authorship, intention, and identity within the rapidly transforming and globalized culture industry of new media. Defining media broadly, across a range of creative artifacts and production cultures—from visual arts to videogames, from textiles to television—contributors consider authoring practices of artists, designers, do-it-yourselfers, media professionals, scholars, and others. Specifically, they ask: What constitutes'media'and'authorship'in a technologically converged, globally conglomerated, multiplatform environment for the production and distribution of content? What can we learn from cinematic and literary models of authorship—and critiques of those models—with regard to authorship not only in television and recorded music, but also interactive media such as videogames and the Internet? How do we conceive of authorship through practices in which users generate content collaboratively or via appropriation? What institutional prerogatives and legal debates around intellectual property rights, fair use, and copyright bear on concepts of authorship in'new media'? By addressing these issues, Media Authorship demonstrates that the concept of authorship as formulated in literary and film studies is reinvigorated, contested, remade—even, reauthored—by new practices in the digital media environment.

Public institutions, academic researchers and financial analysts among others hail nanotechnologies as one of the most promising sectors of social and economic development. Calculations predict that it will become a trillion euro industry by 2015 and that it will bring about economic change of at least the same magnitude as the industrial revolution. Nanotechnology is recent, younger by some thirty years than biotechnology, but it appears at a point in time in human history where there is a convergence between the globalization of access to information and increasing awareness of the importance of sustainable development. Nanotechnology and Sustainable Development explores the ways in which this convergence leads to a change in the management of innovation – and ultimately a reshaping of technological democracy. The scope of the study is global, with a particular focus on Europe and the United States, utilizing several case studies of stakeholders including entrepreneurs, commentators, end users, scientists, and policy makers.

As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners'intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans'use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a safe harbor for fan fiction.

The worst economic crisis since the Great Depression has generated a fundamental re-evaluation of the free-market policies that have dominated American politics for three decades. State of Innovation brings together critical essays looking at the'innovation industry'in the context of the current crisis. The book shows how government programs and policies have underpinned technological innovation in the US economy over the last four decades, despite the strength of'free market'political rhetoric. The contributors provide new insights into where innovations come from and how governments can support a dynamic innovation economy as the US recovers from a profound economic crisis. State of Innovation outlines a 21st century policy paradigm that will foster cutting-edge innovation which remains accountable to the public.