The Freedom To Tinker
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Freedom To Tinker
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Author : Pamela Samuelson
language : en
Publisher:
Release Date : 2015
Freedom To Tinker written by Pamela Samuelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
People tinker with technologies and other human-made artifacts for a variety of reasons: to have fun, to be playful, to learn how things work, to discern their flaws or vulnerabilities, to build their skills, to become more actualized, to tailor the artifacts to serve one's specific needs or functions, to repair or make improvements to the artifacts, to adapt them to new purposes, and occasionally, to be destructive. This article aims to explain why the law should protect a zone of freedom to tinker because of the many benefits that tend to arise from tinkering. I conceptualize freedom to tinker as having several dimensions: it entails, first, an intellectual freedom to imagine what one might do with existing artifacts to learn more about them; second, an intellectual privacy and autonomy interest in investigating and exploring those artifacts in which one has a property or other legitimate interest, especially when the investigation is done in one's own premises; third, a right to build one's skills by testing, analyzing, and interacting with existing artifacts; fourth, a liberty interest to become more actualized as a person through tinkering; fifth, a right to distill what one has learned from tinkering and disseminate the results of one's research to others; sixth, a right to repair that which is broken and make other uses of artifacts as long as one is not harming the interests of others; seventh, a right to innovate based on what one has learned through tinkering; and eighth, a right to share innovations that result from tinkering with others if one chooses to do so and build a community around the innovation. Freedom to tinker has existed for millennia. Yet it has existed largely without a formally recognized legal identity. It has simply been an unregulated zone within which people were at liberty to act unobstructed by others (so long as they did not harm others). The main reason why it now seems necessary to articulate what freedom to tinker is and why it needs to be preserved and legally protected is because freedom to tinker is being challenged by several recent legal developments. Part I observes that users have considerable freedom to tinker with artifacts that are not encumbered by IP rights and are thus in the public domain. Trade secrecy, patent, and trademark laws have doctrines that generally provide user-innovators with considerable freedom to tinker. Although copyright law permits a modest degree of tinkering with existing products, it restricts freedom to tinker more than other IP laws. Part II explains the substantial limits that copyright law and sometimes contract law place on user rights to tinker with and modify computer programs. These constraints are of particular concern to tinkerers because computer programs are embedded in such a wide range of technologies these days. Part II also discusses the constraints that anti-circumvention rules place on freedom to tinker. These rules outlaw most reverse engineering (“circumvention”) of technically protected copyrighted works and the making or offering of tools to enable such reverse engineering. Part III concludes that because tinkering with existing artifacts generally “promote[s] the progress of science and useful arts,” as well as other fundamental values, IP rules should be interpreted, or if necessary, adapted, to permit user tinkering that achieves this constitutional goal.
The Freedom To Tinker
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Author : Matthew Rimmer
language : en
Publisher:
Release Date : 2013
The Freedom To Tinker written by Matthew Rimmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This article considers the origins and the development of the defence of experimental use in patent law - the 'freedom to tinker'. It explores the impact of such an exemption upon a number of important industries - such as agriculture, biotechnology, and pharmaceutical drugs. This article takes a comparative approach in its analysis of patent law and experimental use. It highlights the competing norms, and lack of harmonization between a number of jurisdictions - including the United States, the European Union, and Australia. Section 2 provides a critique of the development of the common law defence of experimental use in the United States. It considers a series of precedents - including Roche Products Inc v Bolar Pharmaceuticals, Madey v Duke University, Integra Lifesciences I Ltd v Merck KgaA, and Applera v MJ Research. Section 3 explores the operation of patent law and experimental use in European jurisdictions. It looks at a number of significant precedents in the United Kingdom, the Netherlands, France, Italy, and Germany. Section 4 considers the policy debate in a number of forums over the defence of experimental use in Australia. It examines the controversy over Genetic Technologies Limited asking research organisations to obtain a licence in respect of its patents associated with non-coding DNA and genomic mapping. It also considers the inquiries of the Australian Law Reform Commission and the Advisory Council on Intellectual Property, as well as the impact of the TRIPS Agreement and the Australia-United States Free Trade Agreement. The conclusion contends that there is a need for a broad-based defence of experimental use for all the member states of the Organisation for Economic Co-operation and Development.
Music And Cyberliberties
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Author : Patrick Burkart
language : en
Publisher: Wesleyan University Press
Release Date : 2010-03-30
Music And Cyberliberties written by Patrick Burkart and has been published by Wesleyan University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-30 with Music categories.
Musicians and music fans are at the forefront of cyberliberties activism, a movement that has tried to correct the imbalances that imperil the communal and ritualistic sharing and distribution of music. In Music and Cyberliberties, Patrick Burkart tracks the migration of music advocacy and anti-major label activism since the court defeat of Napster and the ascendancy of the so-called Celestial Jukebox model of music e-commerce, which sells licensed access to music. Music and Cyberliberties identifies the groups—alternative and radical media activists, culture jammers, hackers, netlabels, and critical legal scholars—who are pushing back against the “copyright grab” by major labels for the rights and privileges that were once enjoyed by artists and fans. Burkart reflects on the emergence of peer-to-peer networking as a cause célèbre that helped spark the movement, and also lays out the next stages of development for the Celestial Jukebox that would quash it. By placing the musical activist groups into the larger context of technology and new social movement theory, Music and Cyberliberties offers an exciting new way of understanding the technological and social changes we confront daily.
The New Production Of Users
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Author : Sampsa Hyysalo
language : en
Publisher: Routledge
Release Date : 2016-04-20
The New Production Of Users written by Sampsa Hyysalo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-20 with Business & Economics categories.
Behind the steady stream of new products, technologies, systems and services in our modern societies there is prolonged and complicated battle around the role of users. How should designers get to know the users’ interests and needs? Who should speak for the users? How may designers collaborate with users and in what ways may users take innovation into their own hands? The New Production of Users offers a rare overview of these issues. It traces the history of designer-user relations from the era of mass production to the present days. Its focus lies in elaborating the currently emerging strategies and approaches to user involvement in business and citizen contexts. It analyses the challenges in the practical collaborations between designers and users, and it investigates a number of cases, where groups of users collectively took charge of innovation. In addition to a number of new case studies, the book provides a thorough account of theories of user involvement as well as and offers further developments to these theories. As a part of this, the book relates to the wide spectrum of fields currently associated with user involvement, such as user-centered design, participatory design, user innovation, open source software, cocreation and peer production. Exploring the nexus between users and designers, between efforts to democratize innovation and to mobilize users for commercial purposes, this multi-disciplinary book will be of great interest to academics, policy makers and practitioners in fields such as Innovation Studies, Innovation Policy, Science and Technology Studies, Cultural Studies, Consumption studies, Marketing, e-commerce, Media Studies as well as Design research.
Revolutionizing Innovation
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Author : Dietmar Harhoff
language : en
Publisher: MIT Press
Release Date : 2016-03-04
Revolutionizing Innovation written by Dietmar Harhoff and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Business & Economics categories.
A comprehensive and multidisciplinary view of the emerging paradigm of user and open innovation, offering both theoretical and empirical perspectives. The last two decades have witnessed an extraordinary growth of new models of managing and organizing the innovation process that emphasizes users over producers. Large parts of the knowledge economy now routinely rely on users, communities, and open innovation approaches to solve important technological and organizational problems. This view of innovation, pioneered by the economist Eric von Hippel, counters the dominant paradigm, which cast the profit-seeking incentives of firms as the main driver of technical change. In a series of influential writings, von Hippel and colleagues found empirical evidence that flatly contradicted the producer-centered model of innovation. Since then, the study of user-driven innovation has continued and expanded, with further empirical exploration of a distributed model of innovation that includes communities and platforms in a variety of contexts and with the development of theory to explain the economic underpinnings of this still emerging paradigm. This volume provides a comprehensive and multidisciplinary view of the field of user and open innovation, reflecting advances in the field over the last several decades. The contributors—including many colleagues of Eric von Hippel—offer both theoretical and empirical perspectives from such diverse fields as economics, the history of science and technology, law, management, and policy. The empirical contexts for their studies range from household goods to financial services. After discussing the fundamentals of user innovation, the contributors cover communities and innovation; legal aspects of user and community innovation; new roles for user innovators; user interactions with firms; and user innovation in practice, describing experiments, toolkits, and crowdsourcing, and crowdfunding. Contributors Efe Aksuyek, Yochai Benkler, James Bessen, Jörn H. Block, Annika Bock, Helena Canhão, Jeroen P. J. de Jong, Emmanuelle Fauchart, Dominique Foray, Nikolaus Franke, Johann Füller, Helena Garriga, Fred Gault, Fredrik Hacklin, Dietmar Harhoff, Joachim Henkel, Cornelius Herstatt, Christoph Hienerth, Venkat Kuppuswamy, Karim R. Lakhani, Christopher Lettl, Christian Lüthje, Ethan Mollick, Hidehiko Nishikawa, Alessandro Nuvolari, Susumu Ogawa, Pedro Oliveira, Stefan Perkmann Berger, Frank Piller, Christina Raasch, Susanne Roiser, Fabrizio Salvador, Pamela Samuelson, Tim Schweisfurth, Sonali K. Shah, Christoph Stockstrom, Katherine J. Strandburg, Stefan Thomke, Andrew W. Torrance, Mary Tripsas, Georg von Krogh
The Freedom To Publish
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Author : Haig A. Bosmajian
language : en
Publisher:
Release Date : 1989
The Freedom To Publish written by Haig A. Bosmajian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Education categories.
This series examines important First Amendment issues, presenting the full texts of over 90 school-related court decisions in historical, legal, and sociological context. More than just court opinions, these cases present the reasoning and arguments that can be used to fight attempts at censorship in the schools.
Media Technologies
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Author : Tarleton Gillespie
language : en
Publisher: MIT Press
Release Date : 2014-01-24
Media Technologies written by Tarleton Gillespie and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-24 with Computers categories.
Scholars from communication and media studies join those from science and technology studies to examine media technologies as complex, sociomaterial phenomena. In recent years, scholarship around media technologies has finally shed the assumption that these technologies are separate from and powerfully determining of social life, looking at them instead as produced by and embedded in distinct social, cultural, and political practices. Communication and media scholars have increasingly taken theoretical perspectives originating in science and technology studies (STS), while some STS scholars interested in information technologies have linked their research to media studies inquiries into the symbolic dimensions of these tools. In this volume, scholars from both fields come together to advance this view of media technologies as complex sociomaterial phenomena. The contributors first address the relationship between materiality and mediation, considering such topics as the lived realities of network infrastructure. The contributors then highlight media technologies as always in motion, held together through the minute, unobserved work of many, including efforts to keep these technologies alive. Contributors Pablo J. Boczkowski, Geoffrey C. Bowker, Finn Brunton, Gabriella Coleman, Gregory J. Downey, Kirsten A. Foot, Tarleton Gillespie, Steven J. Jackson, Christopher M. Kelty, Leah A. Lievrouw, Sonia Livingstone, Ignacio Siles, Jonathan Sterne, Lucy Suchman, Fred Turner
Tinker V Des Moines
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Author : Gloria Carolyn Morris
language : en
Publisher:
Release Date : 1977
Tinker V Des Moines written by Gloria Carolyn Morris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with School discipline categories.
User Innovation
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Author : Viktor Braun
language : en
Publisher: Routledge
Release Date : 2009-06-06
User Innovation written by Viktor Braun and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-06 with Business & Economics categories.
Economic growth is highly dependent on technological progress and innovation, yet the sources from which these innovations originate are still largely misunderstood and untapped. Recent research has demonstrated that users, rather than manufacturers, are often a critical source of innovation in numerous fields from extreme sports to medical devices to software. This book systematically identifies the most important barriers to user-innovation and critically evaluates the democratization of innovation argument by critically assessing the main legal, economic, technological, and societal barriers to user-innovation for the first time and proposing alternative possibilities. Through original research the author reveals the dynamics of user-innovation and offers strategies for minimizing those factors that inhibit and stifle the spread of this phenomenon. From this analysis it becomes clear that user-innovation has become more difficult over time and that the problem is now of how manufacturers can enable users to overcome the discussed barriers and simultaneously benefit from such consumer-driven activities. Arguing that licenses are not just an important technology commercialization instrument but are tools critical to generating innovations, the author explains how licenses can in certain situations be employed to help users overcome some of the barriers to user-innovation. User-Innovation: Barriers to Democratization and IP Licensing is a practical guidebook as well as a startlingly original work of scholarship that will be essential reading for years to come.
Tinker Turns 40
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Author :
language : en
Publisher:
Release Date : 2009
Tinker Turns 40 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Freedom of speech categories.