Table 11.1

From Yochai Benkler - Wealth of Networks
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Table 11.1: Overview of the Institutional Ecology



Enclosure

Openness


Physical

    Transport
  • Broadband treated by FCC as information service
  • DMCA ISP liability
  • Municipal broadband barred by states
  • Open wireless networks
  • Municipal broadband initiatives

Physical

    Devices
  • CBDPTA: regulatory requirements to implement "trusted systems"; private efforts toward the same goal
  • Operator-controlled mobile phones
  • Standardization
  • Fiercely competitive market in commodity components

Logical

    Transmission protocols
  • Privatized DNS/ICANN
  • TCP/IP
  • IETF
  • p2p networks

Logical

    Software
  • DMCA anticircumvention;
  • Proprietary OS;
  • Web browser
  • Software patents
  • Free software
  • W3C
  • P2p software widely used
  • social acceptability of widespread hacking of copy protection



Content

  • 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
  • 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