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Table 11.1: Overview of the Institutional Ecology
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Enclosure
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Openness
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Physical
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- Broadband treated by FCC as information service
- DMCA ISP liability
- Municipal broadband barred by states
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- Open wireless networks
- Municipal broadband initiatives
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Physical
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- CBDPTA: regulatory requirements to implement "trusted systems"; private efforts toward the same goal
- Operator-controlled mobile phones
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- Standardization
- Fiercely competitive market in commodity components
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Logical
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Logical
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- DMCA anticircumvention;
- Proprietary OS;
- Web browser
- Software patents
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- Free software
- W3C
- P2p software widely used
- social acceptability of widespread hacking of copy protection
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Content
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- Copyright expansion
- "Right to read"
- No de minimis digital sampling
- "Fair use" narrowed: effect on potential market "commercial" defined broadly
- Criminalization
- Term extension
- Contractual enclosure: UCITA
- Trademark dilution
- Database protection
- Linking and trespass to chattels
- International "harmonization" and trade enforcement of maximal exclusive rights regimes
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- Increasing sharing practices and adoption of sharing licensing practices
- Musicians distribute music freely
- Creative Commons; other open publication models
- Widespread social disdain for copyright
- International jurisdictional arbitrage
- Early signs of a global access to knowledge movement combining developing nations with free information ecology advocates, both market and nonmarket, raising a challenge to the enclosure movement
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