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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...tion of the petunia farmer. Pause for a moment and think of what a brilliant social innovation this is— at least potentially. Focus not on the incenti... ...ates a cybernetic and responsive innova- tion marketplace. The allocation of social resources to particular types of in- novation is driven by guesses... ...But we do not condemn the scientist who notes that they are both “mammals”—a socially constructed category—so long as he has a reason for focusing on ... ...bates of the nineteenth century. (Though we might hope it would also be more democratic.) And yet...there is much that is missing from the skepticism ... ...y contrast, a gene sequence, an MP3 file, or an image may be used by multiple parties; my The Second Enclosure Movement 47 ___-1 ___0 ___ 1 37278_u01.q... ...ndivid- ual ID. We must make click-wrap contracts enforceable, even on third parties, even when you cannot read them before clicking—so that you never... ...spondence, attacks on the hypocrisy of the music companies and defenses of a democratic commu- nications structure imperceptibly gave way to discussio... ...stances. The Constitution, after all, is a framework for building a just and democratic society. It is not a suicide pact. 9 Judge Kaplan is right in ... ...ered by intellectual property rights, the ways that material is covered, the parties who hold the rights, and the state of research and development at...

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